ORD 11-705ORDINANCE NO.11-705
AN ORDINANCE of the City of Federal Way, Washington, relating to
amendments to the City's comprehensive plan adding a new Chapter 11
"Shoreline Master Program"; repealing Comprehensive Plan Section
2.8.5 "Shoreline Master Program"; repealing existing Title 15 FWRC;
and adding a new Title 15 FWRC. (Amending ordinance Nos. 09-597,
00-375, 99-355, 98-323, 97-291, and 90-38) ''
WHEREAS the City adopted its Shoreline Master Program (SMP) in 1994 and amended it in
1998; and
W�xEAS, the Washington Shoreline Management Act (RCW 90.58, referred to herein as
"SMA") recognizes that shorelines are among the most valuable and fragile resources of the state,
and that state and local government must establish a coordinated planning program to address the
types and effects of development occurring along shorelines of state-wide significance; and
WHEREAS the City of Federal Way ("City") is required to update its Shoreline Master
Program ("SMP") pursuant to the SMA and WAC 173-26; and
WxExEAS, the updated SMP includes a scientific inventory and characterization report, goals
and policies, shoreline environmental designations, regulations and administrative procedures, a
restoration plan, and a cumulative impacts analysis; and
WHEREAS, pursuant to the SMA, updated SMP goals and policies shall be incorporated into the
Federal Way Comprehensive Plan; and
W�xEAS, pursuant to the SMA, updated shoreline regulations and administrative procedures
shall be incorporated into the Federal Way Revised Code (FWRC); and
WxExEAS, the updated SMP is in the best interest and general welfare of the City of Federal
Way because it provides for the protection of sensitive shoreline areas while allowing appropriate
Ordinance No. 11-705 Page 1 of 103
uses and activities in shoreline areas and includes a plan to restore degraded areas of the shoreline;
and
WHEREAS the updated SMP will apply to all jurisdictional shorelines within City limits and will
apply to all jurisdictional shorelines within the city's Potential Annexation Area (PAA), upon the
effective date of annexation of the PAA or any portion of the PAA; and
WHEREAS pursuant to the State Environmental Policy Act (SEPA), on March 31, 2007, a
Determination of Nonsignificance was issued by the city's SEPA Official and the appeal period
expired on April 28, 2007; and
W��AS, the city has incorporated public input into the update process by preparing a Public
Participation Plan, holding a public open house, forming a Citizens Advisory Committee, holding
public Planning Commission meetings, holding a public hearing before the Planning Commission,
developing an SMP update web page, providing notice of ineetings by mail and other means, and
maintaining an SMP mail list; and
W��AS, the city incorporated technical feedback on the SMP update by forming a Technical
Advisory Committee to review draft products and provide comments and feedback; and
W�xxEAS, the City Planning Commission considered the updated SMP at their meetings of
February 14, 2007, March 28, 2007, and held a public hearing on Apri14, 2007, and forwarded a
recommendation to approve, with minor modifications, the updated SMP; and
W�x�AS, following passage of Resolution 07-500 by the City Council, the updated SMP was
transmitted to the Department of Ecology for formal review; and
WHEREAS, following Department of Ecology review, the City of Federal Way received official
review comments in January 2009; and
Ordinance No. 11-705 Page 2 of ]03
WHEREAS city staff, the city's SMP consultant, and Department of Ecology staff worked
collaboratively to prepare draft revisions to the SMP that responded to the official Department of
Ecology review; and
WHEREAS former members of the SMP Citizens Advisory Committee (CAC), Technical
Advisory Committee (TAC), Shoreline Property Owners, Public Agencies, and other parties of
interest were notified of the availability of the revised SMP documents; and
WHEREAS on August 4, 2010, a public information meeting was conducted to discuss the
revisions to the SMP; and
WHEREAS, on August 25, 2010, the Planning Commission conducted a public hearing on the
proposed revisions to the SMP and forwarded a recommendation to approve the proposed revisions;
and
WHEREAS on September 20, 2010 and October 4, 2010, the City Council Land
Use/Transportation Committee considered the proposed revisions to the SMP and recommended
approval of the proposed revisions as recommended by the Planning Commission with further
modifications to SMP Section 5, Shoreline Regulations, as follows: (1) retain the �xisting stringline
setback requirement for lake shoreline properties; and (2) remove the requirement for a minimum
marine bluff setback; and
WHEREAS following passage of Council Resolution 10-597 the revised SMP Update was
transmitted to the Department of Ecology for formal review and approval; and
WHEREAS on August 30, 201 l, the Department of Ecology issued a Conditional Approval letter
that specifies required changes to the revised SMP Update that must be agreed to in order to receive
final Ecology Approval; and
Ordinance No. 11-705 Page 3 of 103
WHEREAS on October 3, 2011, the City Council Land Use/Transportation Committee
considered the Department of Ecology required changes to the SMP and recommended approval of
the required changes; and
WHEREAS, the City Council desires to approve the SMP Update as adopted by Resolution 10-
597 with the changes required by the Department of Ecology; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions.
(a) The proposed amendments to the comprehensive plan text and Title 15 of the FWRC, as
set forth in Exhibits A and B, attached hereto, are consistent with the comprehensive plan overall
vision and the Plan's land use element, and will provide for the protection of sensitive shoreline
areas while allowing appropriate uses and activities in shoreline areas and includes a plan to restore
degraded areas of the shoreline; and therefore bear a substantial relationship to public health, safety,
and welfare; are in the best interest of the residents of the City; and are consistent with the
requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended
portion of the Plan.
(b) The proposed amendments have complied with the appropriate process under state law
and the FWRC.
Section 2. Agreement with Department of Ecolog,�cLuired Changes to the SMP Update.
Staff is hereby directed to prepare a written response to the Director of the Department of Ecology
communicating agreement with Department of Ecology required changes to the SMP Update.
Ordinance No. 11-705 , Page 4 of 103
Section 3 Adoption of the SMP Update as passed bv Council Resolution 10-597 with
Department of Ecology Required Changes. The City of Federal Way Shoreline Master Program
Update passed by Resolution 10-597 as updated by changes required by the Department of Ecology
in the Conditional Approval letter dated August 30, 2011 is hereby adopted as the official Shoreline
Master Program for the City of Federal Way.
Section 4. Comprehensive Plan, Amendments Adoption. The 1995 City of Federal Way
Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010 and 2011 copies of which are on file with the Office of the City Clerk, is hereby
amended to repeal existing Section 2.8.5 and to add a new Chapter 11 "Shoreline ManagemenY' as
set forth in Exhibit A, attached hereto.
Section 5. FWRC Amendments Adoption. Title 15 FWRC is hereby repealed in its entirety
and is hereby replaced by a new Title 15 as set forth in Exhibit B, attached hereto.
Section 6. Amendment Authoritv. The adoption of the SMP, Comprehensive Plan and
FWRC amendments in Sections 3 through 5 above is pursuant to the authority granted by Chapters
36.70A and 35A.63 RCW, and pursuant to chapter 19.80 FWRC.
Section 7. Severabilitv. The provisions ofthis ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance,
or the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 8. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter
amended in 1998; 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 shall
remain in full force and effect until these amendments become operative upon the effective date of
Ordinance No. I1-705 Page S of 103
this ordinance.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall take effect and be in force fourteen (14)
days after Ecology's final action approving the SMP Update, as provided by law.
PASSED by the City Council of 1he City of Federal Way this 1 St day of November, 2011.
CITY OF FEDERAL WAY
ATTEST:
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APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
10/11/2011
11/1/2011
11 /5/2011
1�-��-�20��
11-705
Ordinance No. 11-705 Page 6 of 103
Exhibit A
CHAPTER ELEVEN - SHORELINE MASTER PROGRAM
11.0 Purpose and Responsibility
Washington's Shoreline Management Act, Chapter 90.58 RCW (SMA), was passed by the State
Legislature in 1971 and adopted by the public in a referendum. The SMA was created in response to a
growing concern among residents c�f the state that serious and permanent damage was being done to
shorelines by unplanned and uncoordinated development. The goal of the SMA is, "...to prevent the
inherent harm in an uncoordinated and piecemeal development of the state's shorelines." The overarching
SMA policy is to manage shorelines of the state by planning for and supporting reasonable and appropriate
uses while protecting against adverse impacts to public health, the land and its vegetation and wildlife, and
the waters of the state and their aquatic life.
The primary responsibility for administering the SMA is assigned to local governments through the
mechanism of Shoreline Master Programs (SMP), adopted under guidelines established by the Washington
State Department of Ecology ("Ecology"). The Ecology guidelines (WAC 173-26) establish goals,
policies, and standards. Local SMPs contain goals and policies, maps, regulations and development
standards, and permitting procedures consistent with the SMA and Ecology guidelines. The SMP is
required to protect shorelines as a statewide resource while also being tailored to the specific conditions
and needs of individual communities. The SMP is also meant to be a comprehensive vision of how the
shoreline area will be used and developed over time.
According to Substitute Senate Bill (SSB) 6012, passed by the 2003 Washington State Legislature; cities
within King County are required to amend their local SMPs consistent with Ecology's revised guidelines.
The required update process also provides cities with an opportunity to incorporate the changes in the
physical shoreline conditions (including annexations) and integrate current technical and scientific
information into the SMP.
At the time of incorporation in 1990, the City of Federal Way ("City") adopted King Gounty's Shoreline
Master Program (SMP). The City developed and adopted its own SMP in 1998 that integrated the SMP
into the Federal Way Comprehensive Plan (FWCP). In 1999, the City adopted associated development
regulations for the shoreline. As of January 2005, newly annexed areas included the eastern shore of North
Lake and the northwestern shore of Lake Killarney. All of the lakes within the City's potential annexation
area (PAA) are governed by county shoreline regulations.
The goals and policies contained in the SMP are incorporated into the FWCP within this Shoreline Master
Program chapter. Development regulations contained in the SMP are incorporated in the Federal Way
Revised Code (FWRC) Title 15, Shoreline Management.
Ordinance No. 11-7Q5 Page 7 of 103
Exhibit A
11.1 Shoreline Jurisdiction
Under the SMA, the shoreline jurisdiction includes waters that have been designated as"shorelines of-� �: �,:
statewide significance" or "shorelines of the state" and adjacent lands or "shorelands." Shoreline
jurisdiction includes allthe designated water bodies and the land underlying them, plus their associated
shorelands, which includes land extending landward for two hundred feet in all directions from the
ordinary high water mark (OHWM), floodways, and contiguous floodplain areas landward 200 from those -
floodways, and all wetlands and river deltas associated with the streams, lakes, and tidal waters subject to
the SMA.
These designations were established in 1972, and are described in the SMA (RCW 90.58.030[2]).
Generally, "shorelines of statewide significance" include portions of Puget Sound and other marine
waterbodies; rivers west of the Cascade Range that have a mean annual flow of 1,000 cubic feet per
second (cfs) or greater; rivers east of the Cascade Range that have a mean annual flow of 200 cfs or
greater; and freshwater lakes with a surface area of 1,000 acres or more. "Shorelines of the state" are
generally described as all marine shorelines and shorelines of all other streams or rivers having a mean
annual flow of 20 cfs or greater and lakes with a surface area greater than 20 acres.
The shoreline jurisdiction within the city limits of the City of Federal Way encompasses approximately
16.� miles of shoreline. It includes all of the Puget Sound shoreline in Federal Way (about 4.8 miles),
including areas waterward of the OHWM which extend to the line of extreme low ride. Approximately
12.1 miles of shoreline are found along freshwater lakes. The lakes currently within the city limits are:
Steel Lake;
The northwestern shore of Lake Killarney; and
North Lake.
There are no rivers or streams meeting the definition of "shorelines of the state" within the City or its
annexation area. However, streams such as Joe's Creek and Lakota Creek discharge to the Puget Sound
shoreline. The mouths of these streams and the upstream extent of tidal influence are considered under
shoreline jurisdiction because of their association with the Puget Sound shoreline. Five freshwater lake
shorelines are located in the City's PAA and are included in this master program update; these include
Star Lake, Lake Dolloff, Lake Geneva, the remaining portion of Lake Killarney, and Five Mile Lake.
The portions of Puget Sound within the city limits waterward of the line of extreme low tide are defined
as "shorelines of statewide significance" (RCW 90.58.030[2][e][iii]).
Under the SMA, the shoreline area to be regulated under the City's SMP must include marine waters,
Ordinance No. 11-705 Page 8 of 103
Exhibit A
lakes, and shorelands, defined as the upland area within 200 feet of the OHWM, as well as any associated
wetlands (RCW 90.58.030). The shoreline jurisdiction of the City of Federal Way is shown in Map XI-1
(maps are at the end of the chapter).
11.2 Compliance in Federal Way
The SMA establishes a cooperative program of shoreline management between local government and the
state. The state's primary role is to support local government and provide assistance, as well as reviewing
some shoreline permits and reviewing and approving amendments to local SMPs. The SMA iequires
three primary tasks to be fulfilled by local governments:
1. Compilation of a comprehensive inventory that includes a survey of natural characteristics, present
land uses, and patterns of property ownership;
2. Development of a master program to provide an objective guide for regulating the use of
shorelines, consistent with the SMA (RCW 90.58) and its provisions, including the SMI'
guidelines (Chapter 173-26 WAC) and shoreline permitting and enforcement procedures (Chapter
173-27 WAC); and
3. Administration of a shoreline pernut system for proposed substantial development and regulated
uses in designated water bodies and on their associated shorelands.
In compliance with the first requirement of the SMA, the City completed a comprehensive inventory of
natural characteristics, functions and values of resources, existing land use, and ownership patterns along
the City's shorelines (Section 2 of the Shoreline Master Program — Shoreline Inventory). This inventory
was completed in August 2006 and finalized in June 2007.
The second requirement of the SMA was met by the City with the help of local citizens and stakeholders,
who assisted in developing goals and policies, which form the foundation for the SMP.
11.3 Public involvement
To conduct the SMP update, City staff and ESA Adolfson prepared draft components of the City's SMP,
worked with a Citizen's Advisory Committee (CAC), sought review from a Technical Advisory
Committee (TAC), and presented findings to the Planning Commission and the City Council Land
Use/Transportation Committee (LUTC). At the start of the project in February 2006, a Public Participation
Plan was developed and used as a guide during the SMP update. A public Open House was held on June 7,
2006, to introduce the process to the public and shoreline residents. The Open House was advertised with
direct mailings to all shoreline owners as well as public notices on the City's website. Six meetings were
held with the CAC between July and December 2006. Citizen comment was integrated into the shoreline
inventory, shoreline environment designations, and goals & policies section of the SMP. Technical
documents were routed to the TAC, including Ecology staff, for review and comment. Other agencies
Ordinance No. 11-705 Page 9 of 103
Exhibit A
involved in the process included Washington Department of Fish and Wildlife, Washington Department of
Natural Resources, King County, neighboring cities, and the Tribes.
Three meetings were held with the Planning Commission to present findings and discuss recommendations.
The Planning Commission meetings were held on February 14, March 28, and Apri14, 2007. A public
hearing was held during the April 4, 2007 meeting. Approximately 20 citizens testified either at the public
hearing or during public testimony during the March 28`�' Planning Commission meeting. Additional public
comment was taken and response given during the LUTC meeting on May 21, 2007. The City Council
passed the SMP by resolution on June 5, 2007.
In July of 2007, the Council-approved SMP was submitted to Ecology for review and cominent. The City
of Federal Way received official Ecology review comments in January 2009. City staff, ESA Adolfson,
and Ecology staff worked collaboratively to prepare draft revisions to the SMP that responded to the.
official Ecology comments. Former members of the SMP CAC, TAC, shoreline properiy owners, public
agencies, and other parties of interest were notified of the availability of the revised SMP documents. On
August 4, 2010, a public information meeting was conducted to discuss the revisions to the SMP. On
August 25, 2010, the Planning Commission conducted a public hearing on the proposed revisions to the
SMP and forwarded a recommendation to approve the proposed revisions. The LUTC considered the
revisions on October 5, 2010, and forwarded a recommendation to approve the proposed revisions with a
few minor modifications. The City Council passed the revised SMP by resolution on October 19, 2010.
A programmatic environmental checklist was prepared for the SMP Update. Pursuant to the State
Environmental Policy Act (SEPA), the City's SEPA Official issued a Determination of Nonsignificance
(DNS) on March 31, 2007. The public comment period was open on the DNS for approximately 30 days.
The appeal period expired on Apri128, 2007.
11.4 Relationship to City Code
The set of shoreline goals and policies in this chapter provide the foundation and framework on which the
balance of the master program has been based. The policies contained herein are enforced through FWRC
Title 15, "Shoreline Management," and any other applicable sections of the FWRC. Article II of FWRC
Chapter 15.05 includes all of the shareline regulations that enforce the goals and policies of the SNIP. The
following is a list of the primary subsections of Chapter 15.05, Article II. These sections are listed here to
illustrate how the SMP goals and policies are linked to the regulatory document.
Chapter 15.05 (Shoreline Management), Article II (Shoreline Regulation)
• Section 15.05.040 — General development standards. Provides standards consistent with the
Ordinance No. 11-705 Page 10 of 103
Exhibit A
Conservation and Restoration, Historic and Cultural Resources, and Public Access and Recreation
elements of this Chapter. This section of Article II adopts Critical Areas and Flood Damage Reduction
regulations (as Chapter 15.10 and Chapter 15.15 of Title 15).
• Section 15.05.050 — Shoreline modifications. Provides standards specific to shoreline modifications
consistent with the Shoreline Use and Conservation and Restoration elements of this Chapter.
• Section 15.05.060 — Environment designations. Introduces the system of environment designations,
consistent with the Shoreline Environments section of this Chapter.
• Section 15.05.070 — Summary of Uses, Approval Criteria and Process. Provides a graphical
summary of the use and development regulations detailed in other sections of Article II.
• Section 15.05.080 - Shoreline residential environment. Provides regulations specific to the shoreline
residential environment, consistent with the goals and policies for the shoreline residential
environment within this Chapter.
• Section 15.05.090 — Urban conservancy environment. Provides regulations specific to the urban
conservancy environment, consistent with the goals and policies for the urban conservancy
environment within this Chapter.
• Section 15.05.100 —Natural environment. Provides regulations specific to the natural environment,
consistent with the goals and policies for the natural environment within this Chapter.
11.5 Shoreline Use Element
This element addresses the distribution, location, and extent of use of shorelines and adjacent areas for
housing, recreation, transportation, office, public buildings, utilities, education, and other uses. The
shorelines in Federal Way are more widely used for residential purposes than for any other use. Much of
the undeveloped shoreline is privately owned, subdivided into small lots, and zoned to pernut residential
development.
Goal
SMPGl Shoredine areas shall permit a variety of development types in accordance with the FN'RC,
FWCP, and Shoreline Master Plan designations. Designs, densities, and locations for all
allowed uses and developments should consider physical and natural features of the shoreline
and prevent a net loss of shoreline ecological functions.
Policies
SMPPl Shoreline land and water areas particularly suited for specific and appropriate uses should be
designated and reserved for such uses.
SMPP2 Shoreline land and water uses should satisfy the economic, social, and physical needs of the
regional population, but should not lead to a net loss of ecological functions in the shoreline
areas.
SMPP3 Like or compatible shoreline uses should be clustered or distributed in a rational manner,
rather than allowed to develop haphazardly.
Ordinance No. 11-705 Page 11 of 103
Exhibit A
SMPP4
SMPPS
� . . SMPP6
SMPP7
Multiple uses of shoreline should be encouraged where location and integration of compatible
uses or activities are feasible.
Shoreline ecological functions should be protected from uses or activities that will have an
adverse effect on them. '
Non-residential uses or activities that are not shoreline dependent should be encouraged to
locate or relocate away from the shoreline.
Federal Way should consider the goals, objectives, and policies of the SMP in all land use
management decisions regarding the use or development of adjacent uplands whEre such use
or development may have an adverse effect on designated shorelines.
SMPP8 Development should be regulated accordingly in shoreline areas known to contain
development hazards or which would adversely impact designated critical areas as identified
in FWRC Title 15.
a. All development should be prohibited within the 100-year floodplain, except single-family
residential and water-dependent or water-related uses.
b. All development should be prohibited in shoreline areas of severe or very severe landslide
hazard. `
c. All development should be regulated in shoreline areas with slopes of 40 percent or
greater.
d. Shoreline areas containing other potential hazards (e.g., geological conditions, unstable
subsurface conditions, erosion hazards, or groundwater or seepage problems) should be
regulated as necessary to avoid unsafe development and disturbance of sensitive areas.
SMPP9 Promote respect of private property rights while implementing SMA requirements.
Goal
SMPG2 Residential use of shoreline areas should be continued and encouraged in areas that have not
been designated as Natural environments by the SMP, allowing a variety of housing types.
New development or redevelopment of residential uses should cause no net loss of shoreline
ecological function as identified in the SMP's Shoreline Inventory Characterization and
Analysis.
Policies
SMPP10 Residential developments should be designed to achieve no net loss of shoreline ecological
functions and minimize interference with visual and physical access. Unavoidable impacts to
the shoreline environment from residential developrrient should be mitigated to assure no net
loss of shoreline ecological functions.
a. Residential development in designated critical areas or their associated buffers should be
regulated as required by the City's SMP regulations.
b. Residential development on piers or over water is prohibited.
Ordinance No. 11-705 Page 12 of 103
Exhibit A
c. Landfill for residential development that reduces water surface or floodplain capacity shall
not be permitted.
d. In residential developments, the water's edge should be kept free of buildings and fences.
e. Development standards should require the retention of natural shoreline vegetation and
other natural features of the landscape to the greatest extent possible during site
development and construction.
SMPPl l Residenrial use of shorelines should not displace or encroach upon areas that have existing or
are designated as supporting water-dependent shoreline uses.
SMPP12 Residential densities should be detexmined with regard for the physical capabilities of the
shoreline areas and public services requirements and include the following considerations:
a. Subdivisions and new development should be designed to adequately protect aestheric
characteristics of the water and shoreline environment.
b. New residential development should only be allowed in those shoreline areas where the
provision for sewage disposal and drainage ways are of such a standard that adjoining
water bodies would not be adversely affected by pollution or siltation.
c. Residential development along shorelines should be setback from the ordinary high water
mark far enough to make unnecessary such protective measures as filling, bulk heading,
construction groins, or jetties, or substantial re-grading of the site.
d. Residential developments should be designed to enhance the appearance of the shoreline
and not substantially interfere with the views from public property or access to the water.
�. The shoreline ecosystems, processes, and functions identified in the Shoreline Inventory
and Characterization should be considered when determining standards for residential
development patterns within the shoreline environment.
SMPP13 Residential subdivisions in shoreline areas should provide public pedestrian access to the
shorelines within the development in accordance with the public access and recreation element
of this master program.
SMPP14 Developers of recreational projects such as summer homes, cabins, campgrounds, and similar
facilities should satisfactorily demonstrate:
a. T'he suitability of the site to accommodate the proposed development without adversely
affecting the shoreline environment and water resources.
b. Adequate provisions for all necessary utilities, including refuse disposal.
Goal
SMPG3 Shoreline areas designated by the FWCP and the SMP to allow for commercial development
shall permit a variety of commercial and office park development types. New development or
e�pansion of existing commercial and office uses should result in no net loss of shoreline
ecological functions.
Policies
Ordinance No. 11-705 Page 13 of 103
Exhibit A
SMPP15 Consideration should be made of the effect a structure will have on scenic value, and when
feasible, should include opportunities for public access to shoreline areas.
SMPP16 Commercial and office structures and ancillary facilities that are not shoreline dependent or
water-oriented should be setback from the water's edge and designed to avoid adverse impacts
to shoreline ecological functions.
SMPP17 The use of porous materials and other low impact development design alternatives should be
encouraged for paved areas to allow water to penetrate and percolate into the soil. Use of
holding systems should be encouraged to control the runoff rate from parking lots and
rooftops.
SMPP18 Commercial and office development located within shoreline areas should be constructed to
withstand normal rain and flooding conditions without contributing pollution to the
watercourse or shoreline. State and local best management practices should be implemented to
protect the natural shoreline environment from impacts associated with stormwater runoff.
SMPP19 Commercial and office development that is not water-dependent should provide a buffer zone
of native vegetation for erosion control.
SMPP20 Commercial aquaculture activities should be prohibited.
Goal
SMPG4 Regional and subregional utility facilities, including communications, (radio, TV, and
telephone), energy distribution (petroleum products, natural gas, and electricity), water,
sanitary sewers, and storm sewers should not be allowed in shoreline areas unless there is no
alternative location. Design,location, const� uction, and maintenance of utility facilities must
comply with the requirements of SMP regulations and other federal, state, and local laws, and
result in no net loss of shoreline ecological functions.
Policies
SMPP21 Utilities that could allow for growth should not be extended into or along shorelines without
prior approval of such extension by the appropriate land use authority.
SMPP22 Utilities located in shoreline environments inappropriate for development should not make
service available to those areas.
SMPP23 In developed shorelines not served by utilities, utility construction should be encouraged to
locate where it can be shown that water quality will be maintained or improved.
SMPP24 Federal Way should be consulted prior to, or at the time of, application for construction of
regional utility facilities to be located in or along shorelines.
SMPP25 Utility corridors crossing shorelines should be encouraged to consolidate and concentrate or
share rights-of-way where:
Ordinance No. 11-705 Page 14 of 103
Exhibit A
a. Public access or view corridors would be improved.
b. Concentration or sharing would not hinder the ability of the utility systems to be installed,
operated, or maintained safely.
c. Water quality would be as good as or better than if sepazate corridors were present.
SMPP26 Public access should be encouraged where rights-of-way for regional utility facilities cross
shorelines in the City, and where public safety and facility security would not be
compromised.
SMPP27 New utility facilities should be located so as to not require extensive shoreline protection nor
to restrict water flow, circulation, or navigation.
SMPP28 New utility facilities and�rights-of-way should be located to preserve the natural landscape and
minimize conflicts with present and planned uses of the land on which they are located.
SMPP29 New utility facilities and rights-of-way should be located and designed to minimize
detrimental visual itnpacts from the water and adjacent uplands.
SMPP30 New freestanding personal wireless service facilities are prohibited from locating within the
shoreline environment.
Goal
SMPGS Limit shoreline stabilization—which includes any action taken to reduce adverse impacts
caused by current, flood, wake, or wave action—including the use of bank stabilization, rip
rap, and bulk heading, to that which is necessary to protect existing improvements.
Policies
SMPP31 Shoreline stabilization should be allowed only if it is clearly demonstrated that shoreline
protection is necessary to protect existing improvements.
SMPP32 Structural solutions to reduce shoreline erosion should be allowed only after it is demonstrated
that nonstructural solutions, such as bioengineering or soft-shore armoring, would not be able
to protect existing development.
SMPP33 Planning of shoreline stabilization should encompass sizable stretches of lake or marine
shorelines. This planning should consider off-site erosion, accretion, or flood damage that
might occur as a result of shoreline protection structures or activities.
SMPP34 Shoreline stabilization on marine and lake shorelines should not be used as a means of creating
new or newly developable land.
SMPP35 Shoreline stabilization structures should allow passage of ground and surface waters into the
main water body.
SMPP36 Shoreline stabilization should not reduce the volume and storage capacity of streams and
Ordinance No. 11-705 Page 1 S of 103
Exhibit A
adjacent wetlands or flood plains.
SMPP37 Whenever shoreline stabilization is needed, bioengineered alternatives such as natural berms
and erosion control vegetation plans should be favored over hard surfaced structural
alternatives such as concrete bulkheads and sheet piles.
SMPP38 The burden of proof for the need for shoreline stabilization to protect existing developments or
proposed redevelopments rests on the applicant. �
SMPP39 Shoreline stabilization activities that may necessitate new or increased shoreline protection on
the same or other affected properties where there has been no previous need for pmtection ,
should not be allowed.
SMPP40 New development shall be designed and located so as not to require shoreline stabilization.
SMPP41 Areas of significance in the spawning, nesting, rearing, or residency of aquatic and terrestrial
biota should be given special consideration in review of proposed shoreline stabilization
activities.
SMPP42 Shoreline stabilization activities should be discouraged in areas where they would disrupt
natural feeder bluffs processes important for maintaining beaches.
Goal
SMPG6 Docks and moorages should be allowed when associated with residential, recreational, or
other public facilities. The design, location, and construction of any dock, pier, or moorage
shoxld avoid, to the greatest extent possible, adverse effects on shoreline ecological functions.
Policies
SMPP43 Open pile construction should be preferred where there is significant littoral drift, where
scenic values will not be impaired, and where minimal alteration to the shoreline and minimal
damage to aquatic resources can be assured.
SMPP44 Piers, floats, and docks should be prohibited or permitted as a conditional use where conflicts
with recreational boaters and other recreational water activities would create public safety
hazards.
SMPP45 Where new docks are allowed, new residential development of two or more dwellings should
be required to provide joint use or community dock facilities, when feasible, rather than allow
individual docks for each residence.
SMPP46 Temporary moorages should be permitted for vessels used in the construction of shoreline
facilities. The design and construction of such moorages shall be such that upon termination of
the project, aquatic habitat can be returned to original condition within one year at no cost to
Ordinance No. 11-705 Page 16 of 103
Exhibit A
the environment or the public.
SMPP47 Shoreline structures that are abandoned or structurally unsafe should be removed.
SMPP48 Docks, buoys, and other moorages should only be authorized after considerarion of:
a. The effect such structures have on wildlife and aquatic life, water quality, unique and
fragile azeas, submerged lands, and shoreline vegetation. •_
b. The effect such structures have on navigation, recreational and commercial boating,
shoreline access, and scenic and aesthetic values.
c. The effect such structures have on water circulation, sediment movement, and littoral drift.
SMPP49 Moorage buoys should be preferred over moorage piles on all tidal waters.
11.6 Public Access and Recreation Element
This element addresses the preservarion and expansion of all types of public access and recreational
opportunities through programs of acquisition, development, and various means of less-than-fee
acquisition.
Goal
SMPG7 Increase public access to and enjoyment of shoreline areas through improvements to physical
access on publicly owned lands and improved visual access, provided that private rights,
public safety, and shoreline ecological functions remain intact.
Policies
SMPP50 Development of public access should respect and protect private rights that are held on
shoreline property.
SMPP51 Public access should be maintained and regulated.
a. Public access should be policed and improved consistent with intensity of use.
b. Provisions to restrict access as to nature, time, number of people, and area may be
appropriate for public pedestrian easements and other public access areas where there are
spawning grounds, fragile aquatic life habitats, or potential hazards for pedestrian safety.
SMPP52 Design of access should provide for the public health, safety, and enjoyment.
a. Appropriate signs should be used to designate publicly owned shorelines.
b. Pedestrian and non-motorized physical and visual access to the shoreline should be
encouraged.
c. Public access to and along the water's edge should be made available in publicly owned
Ordinance No. 11-705 Page 17 of 103
Exhibit A
shorelines in a manner that protects shoreline ecological functions.
SMPP53 Acquisition and development of new shoreline public access locations should be consistent
with overall parks and open space planning goals and policies.
a. Acquisition and development of shoreline properties should be consistent with criteria and
standards as part of an overall park and open space master plan.
b. Where appropriate, utility and transportation rights-of-way on the shoreline should be
made available for public access and use, consistent with the shoreline use and circulation
element policies. �
a.: Where appropriate, publicly-owned street ends that abut the shoreline should be .retained
and/or reclaimed for public access, consistent with the circulation element policies.
d. Shoreline recreational facilities and other public access points should be connected by
trails, bicycle pathways, and other access links where possible.
5MPP54 Public access should be provided in new shoreline developments.
a. Incentives should be used to encourage private property owners to provide public
shoreline access.
b. Public pedestrian easements should be considered in future land use authorizarions, and in
the case of projects along lakes, streams, ponds, and marine lands, whenever shoreline
features are appropriate for public use. Shorelines of the City characterized by the
following should be considered for pedestrian easements:
1. Areas of significant, historical, geological, and/or biological features and landmarks.
2. Areas presently being legally used, or historically having been legally used, by the
public along the shoreline for access.
3. Where public funds have been expended on or related to shoreline developments.
SMPP55 Shorelines in the City should be available to all people for passive use, visual access, and
enjoyment.
a. The City should preserve and provide publicly accessible viewpoints, lookouts, and vistas
of shorelines.
b. New developments should minimize visual and physical obstruction of the water from
adjacent roads and public properties.
SMPP56 Physical and/or visual access to the water should use steep slopes, view points from bluffs,
stream valleys, and features of special interest where it is possible to place pathways consistent
with public safety and without requiring extensive flood or erosion protection.
Goal
SMPG8 Provide additional shoreline dependent and water oriented recreation opponc�nities that are
diverse, convenient, and adequate for the regional population, and that will not result in a net
loss of shoreline ecological functions.
Policies
Ordinance No. 11-705 Page 18 of 103
Exhibit A
SMPP57 Areas containing special shoreline recreation qualities not easily duplicated should be
available for public use and enjoyment.
SMPP58
a. Opportunities should be provided for the public to understand natural shoreline processes
and experience natural resource features.
b. Public viewing and interpretation should be encouraged at or near governmental shoreline
facilities when consistent with security and public safety.
Shoreline recreational use and development should enhance environmental quality with
minimal adverse effect to natural resources.
a.
b.
c.
d.
e.
f.
g•
Stretches of relatively inaccessible and unspoiled shoreline should be available and
designated as low intensity or passive recreational use areas with minimal development.
Service facilities such as footpaths, periphery parking, and adequate sanitary facilities
should only be located where appropriate, considering both public safety and preservation
of shoreline ecological functions.
Beaches and other predominantly undeveloped shorelines currently utilized for
recreational purposes should be available and designated as medium intensity recreational
use areas to be free from expansive development; intensity of use should respect and
protect the natural qualities of the area.
Small or linear portions of the shoreline suitabie for recreational purposes should be
available and designated as transirional use areas that allow for variable intensities of use,
which may include vista points, pedestrian walkways, water entry points, and access from
the water; utilizing stream floodplains, street ends, steep slopes, and shoreline areas
adjacent to waterfront roads.
At suitable locations, shorelines should be made available and designated as high intensive
use areas that provide for a wide variety of recreational activities.
Overall design and development in shoreline recreational areas should be sensitive to the
physical site characteristics and be consistent with the level of use in the area concerned.
Recreation areas and ancillary facilities on or adjacent to the shoreline should have
adequate surveillance and maintenance.
Non-water oriented recreational facility development should be setback from the water's
edge, except where appropriate in high intensive shoreline use areas.
SMPP59 The provision of adequate public shoreline recreation lands should be based on an acquisition
plan that is consistent with overall goals for enhancing public access to the City's shorelines.
SMPP60 Existing buildings that enhance the character of the shoreline should be incorporated into
recreation areas wherever possible.
SMPP61 A balanced variety of recreational opportunities should be provided for people of different
ages, health, family status, and financial ability.
a. Shoreline recreation areas should provide opportunities for different use intensities
ranging from low (solitude) to high (many people).
b. Opportunities for shoreline recreational experiences should include developing access that
accommodates a range of differences in people's physical mobility, capabilities, and skill �
Ordinance No. 11-705 Page 19 of 103
Exhibit A
levels.
Recreational development should meet the demands of population growth consistent with
the carrying capacity of the land and water resources.
Goal
SMPG9 Recreational experiences that depend on, or utilize, the shoreline (including: harvesting
activities of fish, shellfish, fowl, minerals, and driftwood; various forms of boating, swimming,
and utilization of shoredine pathways; and watching or recording activities, such as
photography, painting, or the viewing of water dependent activities) shall be encouraged
within parks and other public access areas, given they do not result in a net loss of shoreline
ecological functions and are allowed uses under state and local regulations.
Policies
SMPP62 Underwater parks should be extensions of shoreline parks, and whenever possible, be created
or enhanced by artificial reefs where natural conditions or aquatic life could be observed with
minimal interference.
SMPP63 During storm events, hazardous conditions, or emergencies, temporary use of public
recreational shoreline areas by boaters should be allowed.
SMPP64 Prime fishing areas should be given priority for recreational use.
SMPP65 Recreational shellfish harvesting should be allowed on public beaches subject to rules,
regulations, and periodic closures by Washington Department of Health and/or Washington
Department of Fish and Wildlife.
SMPP66 Boating activities that increase shore erosion should be discouraged.
SMPP67 Effective interpretation should be provided to raise the quality of visitor experiences and
provide an understanding of aquatic and shoreline resource.
11.7 Conservation and Restoration Element
This element promotes and encourages the conservation of natural shoreline resources and shoreline
ecological functions, considering but not limited to, such characteristics as scenic vistas, parks and open
space, fish and wildlife habitat, beaches, feeder bluffs, estuaries, and other valuable natural or aesthetic
features. Additionally, this element promotes and encourages restorarion of shoreline functions and
ecological processes that have been impaired as a result of past development activities.
Goal
SMPG10 Preserve and protect the ecological functions of intact natural shorelines and ecologically
Ordinance No. I1-705 Page 20 of 103
Exhibit A
sensitive shorelines as outlined within the shoreline inventory and characterization.
Policies
SMPP68 Manage designated critical areas in the shoreline—such as critical aquifer recharge areas and
wellhead protection areas, frequently flooded areas, geologically hazardous areas, regulated
wetlands, and streams—according to measures provided in this SMP. These include shoreline
environment designations, allowed uses, development standards and regulations, and
mitigation for unavoidable impacts. They should also be consistent with the policies contained
in FWCP Chapter 9, "Natural Environment:"
SMPP69 Develop standards, buffers, and mitigation requirements for designated critical areas in the
shoreline consistent with city-wide regulations.
Goal
SMPGl l Assure preservation of unique and non-renewable natural resources and assure conservation
of renewable natural resources for the benefit of existing and future generations and the
public interest.
Policies
SMPP70 All new development and activity in or adjacent to shoreline areas should be designed,
constructed, and operated as to avoid significant adverse impacts to ground or surface water
quality. Use of state and local best management practices and guidance should be
implemented to avoid significant adverse impacts to water quality.
SMPP71 Shorelines that are of unique or valuable natural character should be considered for
acquisition. Subsequent management of such areas should protect or enhance shoreline
ecological functions.
SMPP72 Protection and conservation of vegetation within shoreline areas should be managed through
implementation of setback, clearing and grading, and mitigarion standards for development
activity.
SMPP73 Resource conservation should be an integral part of shoreline planning. All future shoreline
development should be planned, designed, and sited to minimize adverse impact upon the
natural shoreline environment and ecological functions.
SMPP74 Scenic and aesthetic qualiries and ecological functions of shorelines should be recognized and
preserved as valuable resources.
a. When appropriate, natural flora and fauna should be preserved.
b. In shoreline areas, the natural topography should not be substantially altered.
c. Shoreline structures should be sited and designed to minimize view obstruction and should
be visually compatible with the shoreline character.
d. Wildlife and aquatic habitats, including spawning grounds, should be protected.
Ordinance No. I1-705 Page 21 of 103
Exhibit A
SMPP75 Resources should be managed to enhance the environment and prevent a net loss of shoreline
ecological functions.
a. Shoreline in-water and over-water activities and development should be planned,
constructed, and operated to minimize adverse effects on the natural processes of the
shoreline, and should maintain or enhance the quality of air, soil, natural vegetation, and
water on the shoreline.
b. Use or activity which substantially degrades the natural resources or ecological functions
of the shoreline should not be allowed without mitigation as required by SMP regulations
and FWRC Title 14, "Environmental Policy."
SMPP76 Critical salmonid habitats, including saltwater and freshwater habitat used by Pacific salmonid
species, support valuable recreational and commercial fisheries and should be protected for
their importance to the aquatic ecosystem, as well as state and local economies.
a. Non-water-dependent and non-water-related uses, activities, structures, and landfills
should not be located in critical salmonid habitats.
b. Where uses, activities, structures, and landfills must locate in critical salmonid habitats,
impacts on these areas should be lessened to the maximum extent possible. Significant
unavoidable impacts should be mitigated by creating in-kind replacement habitat near the
project where feasible. Where in-kind replacement mitigation is not feasible, rehabilitation
of out-of-kind or off-site degraded habitat should be required. Mitigation proposals should
be developed in consultation with the City, the State Department of Fish and Wildlife, and
any affected Indian Nations.
c. Development that is outside critical salmonid habitats that has the potential to significantly
affect said habitats should be located and designed as to not create significant negative
impacts to said habitats.
d. Whenever feasible, bioengineering should be used as the bank protection technique for all
streams considered to have critical salmonid habitat.
e. Whenever feasible, open pile bridges should be used for all water crossings over areas
considered critical salmonid habitat.
f. Impervious surfaces should be minimized in upland developments to reduce stormwater
runoff peaks. Structures and uses creating significant impervious surfaces should include
stormwater detention systems to reduce stormwater runoff peaks.
g. 'The discharge of silt and sediments into waterways shall be minimized during in-water
and upland construction.
h. Adopt-A-Stream programs and similar efforts to rehabilitate critical salmonid habitats
should be encouraged. '
i. Fishery enhancement projects should be encouraged where they will not significantly
interfere with other beneficial uses.
j. Project proponents should contact the Habitat Division of the State Department of Fish
and Wildlife and affected Indian Nations early in the development process to determine if
the proposal will occur in or adjacent to critical salmonid habitat.
k. When reviewing permits for uses, activities, and structures proposed in, over, or adjacent
to marine waters, streams, wetlands, ponds connected to streams, or any other shoreline
area, City staff should contact the Habitat Division of the State Department of Fish and
Wildlife to deternune if the proposal will occur in or affect any adjacent critical habitats.
Staff should also contact affected Indian Nations.
Ordinance No. 11-745 Page 22 of 103
Exhibit A
SMPP77 Use the City's established pernut tracking program to periodically evaluate the effectiveness of
the SMP for achieving no net loss of shoreline ecological functions with respect to shoreline
permitting and exernptions. Prepare an evaluation report every seven years when the SMP is
required to be updated under RCW 90.58.080(4).
Goal
SMPG12 Develop regional solutions with other jurisdictions, tribes, and interested parties to resolve
the challenge ofprotecting shoreline ecological functions, while also managing shoreline
developments.
Policies
SMPP78 Continue work with the State, King County, Watershed Resource Inventory Area (WRIA) 9
Steering Committee, and other governmental and non-governmental organizations to explore
how local governments can contribute to the preservation and restoration of ecological
processes and shoreline functions.
SMPP79 Continue work with the WRIA 9 forum to restore shoreline habitats and seasonal ranges that
support listed endangered and threatened species, as well as other anadromous fisheries.
Goal
SMPG13 Pursue projects to restore and enhance shoreline habitats and processes on publicly owned
lands.
Policies
SMPP80 Prioritize enhancement and restoration efforts at public parks and open space lands.
SMPP81 Wark with owners of other publicly-owned land, such as Washington State Parks, to
encourage restoration and enhancement projects, including funding strategies.
SMPP82 Work with the public and other interested parties to prioritize restoration opportunities
identified in Shoreline Inventory and Characterization Report and SMP Restoration Plan.
SMPP83 Promote vegetation restoration, and the control of invasive weeds and nonnative species to
avoid adverse impacts to hydrology, and to reduce the hazard of slope failures or accelerated
erosion.
SMPP84 Develop a program to implement restoration projects, including funding strategies.
SMPP85 Monitor and adaptively manage restoration projects.
Ordinance No. I 1-705 Page 23 of 103
Exhibit A
Goal
SMPG14 Encourage voluntary restoration projects on private property in degraded shoreline
environments.
Policies
SMPP86 Create incentives that will make it economically or otherwise attractive for development �
proposals to integrate shoreline ecological restoration into development projects.
SMPP87 Encourage protection, enhancement, or restoration of native riparian vegetation through -
incentives and non-regulatory programs.
SMPP88 Promote bioengineering and/or soft engineering alternative design approaches to shoreline
stabilization and provide technical guidance to shoreline landowners.
SMPP89 Establish public education materials to provide shoreline landowners technical assistance
about the benefits of native vegetarion plantings.
Goal
SMPG15 Provide ample opportunity for the public to leaxn about the ecological aspects and community
values of the City's shorelines.
Policies
SMPP90 Explore opportunities with other educarional organizations and agencies to develop an on-
going program of shoreline education for all ages.
SMPP91 Identify areas where kiosks and interpretative signs can enhance the educational experience of
users of the shoreline.
SMPP92 Develop strategies to fund identified educational and interpretive projects.
11.8 Historic and Cultural Resources Element
This element addresses identification and preservation of historic and cultural resources that are located in
or associated with Federal Way's shorelines. Such resources may include historic structures or buildings,
historic use or activities in the shoreline, and archaeological resources.
Goal
SMPG16 Identify, protect, preserve, and restore important archaeological, historical, and cultural sites
Ordinance No. I1-705 Page 24 of 103
Exhibit A
located in or associated with Federal Way's shorelines for scient�c and educational
purposes.
Policies
SMPP93 Manage cultural and historic resources in the shoreline consistent with city-wide policies for
treatment of such resources in the FWCP.
SMPP94 Recognize that shoreline areas are of moderate to high probability for archaeological resources
and require appropriate review and site investigation for proposed development or
modifications.
11.9 Circulation Element
This element deals with the locafion and extent of existing and proposed thoroughfares, transportation
routes, and other public facilities; and coordinating those facilities with shoreline uses.
Goal
SMPGl'1 Circulation systems in shoreline areas should be limited to those that are shoreline dependent
or would serve shoreline dependent uses, or those that must pass through shoreline areas. The
environment shall be protected from any significant adverse effects of circulation systems
required in shoreline areas.
Policies
SMPP95 New surface transportation development should be designed to provide the best possible service
with the least possible infringement upon shoreline areas.
a. New transportation facilities and improvements to existing facilities that substantially
increase levels of air, noise, odor, visual, or water pollution should be discouraged, unless
benefits of the facility outweigh costs.
b. Transportation corridors should be designed to harmonize with the topography and other
natural characteristics of the shoreline through which they traverse.
c. New surface transportation facilities in shoreline areas should be set back from the
ordinary high water mark far enough to make unnecessary such protective measures as rip-
rap or other bank stabilization,landfill, bulkheads, groins, jetties, or substantial site
regrade.
d. New transportation facilities crossing lakes, streams, wetlands, or other critical areas
should be encouraged to locate in existing corridors, except where any adverse impact can
be minimized by selecting an alternate corridor.
e. Shoreline circulation systems should be adaptable to changes in technology.
SMPP96 Circulation systems should be located and attractively designed so as not to unnecessarily or
unreasonably pollute the physical environment, or reduce the benefits people derive from their
property.
Ordinance No. 11-705 Page 25 of 103
Exhibit A
a. Motorized vehicular traffic on beaches and other natural shoreline areas shall be
prohibited.
b. Transportation facilities providing access to shoreline developments should be planned
and designed in scale and character with the use proposed.
c. New transportation facilities should minimize total impervious surface area by generally
being oriented perpendicular to the shoreline where topographic conditions will allow.
SMPP97 Circulation systems should be designed to enhance aesthetic experiences through creating
shoreline vista and access points and encouraging alternative modes of transportation.
SMPP98 New transportation developments in shoreline areas should provide turnout areas for scenic
stops and off road rest areas where the topography, view, and natural features warra�t,
consistent with the public access and recreation policies.
SMPP99 Shoreline roadway corridors with unique or historic significance, or of great aesthetic quality,
should be retained and maintained for those characteristics.
SMPP100 Shoreline circulation routes should provide for non-motorized means of travel and should
incorporate multimodal provisions where public safety can be assured.
SMPP101 The existing system of pedestrian ways, bikeways, and equestrian ways in the City should be
extended to provide safe access to public parks located on the shoreline.
SMPP102 Shoreline roadways should have a high priority for arterial beautification funds.
SMPP103 Regionally significant pedestrian and bicycle facilities and amenities along shoreline
circulation routes should be pursued in partnership with other agencies.
SMPP104 Pedestrian access should be built where access to public shorelines is desirable and has been cut
off by linear transportation corridors. New linear facilities should enable pedestrian access to
public shorelines where access is desirable.
SMPP105 Transportation and utility facilities should be encouraged to coordinate joint use of rights-of-
way and to consolidate crossings of water bodies when doing so can minimize adverse impact
to the shoreline.
11.10 Shoreline Environments
Intent
In order to more effectively implement the goals, objectives, and policies of this master program and the
SMA, the shorelines of the state within Federal Way have been categorized into three separate
environment designations. The purpose of these designations is to differentiate between areas whose
Ordinance No. 11-705 Page 26 of 103
Exhibit A
geographical features, ecological functions, and existing development pattern imply differing objectives
regarding their management, use, and future development.
Each environment represents a particular emphasis in the type of uses and the extent of development that
should occur within it. T'he system is designed to encourage uses in each environment, which enhance the
character of the environment while at the same time requiring reasonable standards and restrictions on
development so that the character of the environment is not destroyed.
The determination as to which designation should be given to any specific shoreline area has been based
on, and is reflective of, the existing development pattern; the biophysical capabilities and limitations of the
land; and the goals and aspirations of the local citizenry.
� Each environment designation includes: (1) a purpose statement which clarifies the meaning and intent of
the designation; (2) criteria to be used as a basis for classifying a specific shoreline area with that
environment designation; and (3) detailed management policies designed to guide management decisions
and development consistent with the character of the environment.
Shoreline Residentiai
Purpose
The purpose of the "Shoreline Residential" environment is to accommodate residential development and
appurtenant structures that are consistent with SMP Guidelines—WAC 173-26-211(5)(fl. An additional
purpose is to provide appropriate public access and recreational uses.
Criteria
The Shoreline Residential environment designation is assigned to shoreline areas inside the City of Federal
Way and the City's Potential Annexation Area (PAA) if the areas are predominantly single-family or
multi-family residential development, or are planned and platted for residential development.
Management Policies
1. Residential uses shall be the primary use. Development and redevelopment activities shall be focused
within already developed areas.
2. Standards shall be developed and implemented for density or minimum frontage width, setbacks, lot
coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection,
and water quality. These standards shall ensure that new development does not result in a net loss of
shoreline ecological functions or further degrade other shoreline values, taking into account the
environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services
available, and other comprehensive planning considerations.
3. Multi-family and multi-lot residential and recreational developments shall provide public access and
joint use for community recreational facilities.
4. All residential development shall occur in a manner consistent with the policies listed under SMPG2 of
Orddnance No. 11-705 Page 27 of 103
Exhibit A
the shoreline use element.
Urban Conservancy
Purpose
The purpose of the "Urban Conservancy" environment is to protect and restore ecological funcrions of open
space, flood plain, and other sensitive lands where they exist in urban and developed settings, while
allowing a variety of compatible uses.
Criteria �
The Urban Conservancy environment designation is assigned to shoreline areas appropriate and planned for
development that are compatible with maintaining or restoring the ecological functions of the area that are
not generally suitable for water-dependent high-intensity uses. The Urban Conservancy enviroxunent is
applied to shorelines if any of the following, characteristics apply:
1. They have open space, flood plain, or other sensitive areas that should not be more intensively
developed;
2. They have potential for ecological restorarion;
3. They retain important ecological functions, even though partially developed; or
4. They have the potential for development that is compatible with ecological restoration.
Management Policies
1. Residential, recreational, commercial, and public facility uses should be allowed, provided they
preserve the natural character of the area or promote preservation of open space, flood plain, bluffs, or
sensitive lands either directly or over the long term. Water-oriented uses should be given priority over
non-water-oriented uses. For shoreline areas adjacent to commercially navigable waters, water-
dependent uses should be given highest priority. Uses that result in restoration of ecological functions
should be allowed if the use is otherwise compatible with the purpose of the environment and the
setting.
2. Standards should be developed and implemented for management of environmentally sensitive or
designated critical areas to ensure that new development does not result in a net loss of shoreline
ecological functions, or further degrade other shoreline values. Development standards should be
developed and implemented for density or minimum frontage width, setbacks, lot coverage limitations,
buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality.
Ordinance No. 11-705 Page 28 of 103
Exhibit A
3. Public access and public recreation objectives should be implemented whenever feasible and
significant ecological impacts can be mitigated.
4. To enhance the waterfront and ensure maximum public use, commercial or office facilities should be
designed to permit pedestrian waterfront activities consistent with public safety, security, and
protection of shoreline ecological functions.
5. Aesthetic considerations should be actively promoted by means of sign control regulations,
architectural design standards, landscaping requirements, and other such means.
Natural
Purpose
The purpose of the "Natural" environment is to protect those shoreline areas that are relarively free of human
influence, or that include intact or minimally degraded shoreline functions intolerant of human use. These systems
require that only very low intensity uses be allowed in order to maintain the ecological functions and ecosystem-wide
processes. Consistent with the policies of the designarion, the City of Federal Way should include planning for
restoration of degraded shorelines within this environment.
Criteria
A Natural environment designation should be assigned to shoreline areas if any of the following
characteristics apply: (A) the shoreline is ecologically intact and therefore, currently performing an
important, irreplaceable function or ecosystem-wide process that would be damaged by human activity; (B)
the shoreline is considered to represent ecosystems and geologic types that aze of particulaz scienrific and
educational interest; or (C) the shoreline is unable to support new development or uses without significant
adverse impacts to ecological functions or risk to human safety.
Management Policies
1. Any use that would substantially degrade the ecological functions or natural character of the shoreline
area shall not be allowed.
2. The following new uses shall not be allowed in the Natural environment:
• Commercial uses;
• Industrial uses;
• Non-water-oriented recreation; and
• Roads, utility comdors, and parking areas that can be located outside of the Natural designated
shorelines.
3. Single-family residential development may be allowed as a conditional use if the density and intensity
of such use is limited as necessary to protect ecological functions and be consistent with the purpose of
the environment.
4. Scientific, historical, cultural, educational research uses, and low-intensity water-oriented recreational
access uses may be allowed provided that no significant ecological impact on the area will result.
Ordinance No. I1-705 Page 29 of 103
Exhibit A
New development or significant vegetation removal that would reduce the capability of vegetation to
perform normal ecological functions should not be allowed. Do not allow the subdivision of property
in a configuration that, to achieve its intended purpose, will require significant vegetation removal or
shoreline modification that adversely impacts ecological functions. That is, each new parcel must be
able to support its intended development without significant ecological impacts to the shoreline
ecological functions.
Ordinance No. 11-705 Page 30 of 103
Federal Way
Shoreline
Management Plan
Federal Way and
Its Potential
Annexation Area
Legend
�, r �; City of Federal Way
� Potential Annexation Area
[� Regulated Shoreline
� Puget Sound East
� Puget Sound - Dumas Bay
� Puget Sound West
� Steel Lake
� Star Lake
� Lake Dolloff
� Lake Geneva
� North Lake
� Lake Killarney
� Five Mile Lake
� 0 0.5 1 Miles
N Map Date: May 2006
CITY OF
Federal Way
This map is accompanied by NO warranties,
and is simply a graphic representation.
Exhibit B
SECTION 5 - SHORELINE REGULATIONS
(Title 15 FWRC Shoreline Management)
Chapter 15.05
SHORELINE MANAGEMENT
Sections:
Article I. Generally
15.05.010
15.05.020
15.05.030
Purpose and authority.
Jurisdiction.
Additional definitions.
Article II. Shoreline Regulation
15.05.040
15.05.050
15.05.060
15.05.070
15.05.080
15.05.090
15.05.100
General development standards.
Shoreline modifications.
Environmental designations.
Summary of Uses, Approval Criteria, and Process.
Shoreline residential environment.
Urban conservancy environment.
Natural environment.
�
Article II1. Administrative Procedures
15.05.110
15.05.120
15.05.130
15.05.140
15.05.150
15.05.160
15.05.170
15.05.180
15.05.190
15.05.200
15.05.210
15.05.220
15.05.230
15.05.240
Shoreline management permit and enforcement procedures, adoption by
reference.
Permit processing and public notice.
Shoreline exemption.
Application requirements.
Shoreline substantial development permit.
Shoreline variance.
Conditional uses.
Final approval of shoreline permits.
Combined hearing authority.
Appeals.
Permit revisions.
Replacement, alteration, or reconstruction of nonconforming use or
development.
Shoreline environment redesignation.
Amendments to this chapter.
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Exhibit B
Chapter 15.10
CRITICAL AREAS
Sections:
15.10.010
15.10.020
15.10.030
15.10.040
15.10.050
15.10.060
15.10.070
15.10.080
15.10.090
15.10.100
15.10.110
Article I. Generally
Purpose.
Applicable provisions.
Jurisdiction.
Other authority and jurisdiction.
Liability.
Article 11. Administration
Administration.
Maps adopted.
Basis for determination.
Bonds.
Dedication.
Certain activities not subject to critical area standards.
Article III. General Site Design Requirements
15.10.120
15.10.130
15.10.140
15.10.150
Responsibility of applicant.
Vehicle circulation areas.
Time limitation.
Other requirements.
Article IV. Geologically Hazardous Areas Development
15.10.160 Limitations.
Article V. Streams
15.10.170
15.10.180
15.10.190
15.10.200
15.10.210
15.10.220
15.10.230
Article VI. Regulated Wetlands
15.10.240 Determination of wetland and regulated wetland.
15.10.250 Wetland categories and standard buffers.
Stream setbacks.
Relocation.
Culverts.
Removal of streams from culverts.
Rehabilitation.
Intrusion into stream setbacks.
Additional requirements for clearing and grading.
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15.10.260 Structures, improvements, and clearing and grading within regulated wetlands.
15.10.270 Structures, improvements, and clearing and grading within regulated
wetland buffers.
Article VII. Crit�cal Aquifer Recharge Areas and Wellhead Protection
Areas
15.10 280
15.10.290
15.10.300
15.10.310
15.10.320
15.10.330
15.10.340
Limitations.
Classification of wellhead capture zones.
General requirements.
Prohibited activities in Wellhead Capture Zone 1. � -�
Regulation of facilities handling and storing hazardous materials.
Performance standards.
Use of pesticides, herbicides, and fertilizers in critical aquifer recharge
areas and wellhead protection areas.
Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
Article I. Generally
15.15.010 Purpose.
15.15.020 Adoption of state and federal statutes and regulations.
15.15.030 Methods of reducing flood losses.
15.15.040 Definitions.
Article II. Provisions
15.15.050
15.15.060
15.15.070
15.15.080
15.15.090
15.15.100
15.15.110
15.15.120
15.15.130
15.15.140
15.15.150
15.15.160
15.15.170
General provisions.
Permits.
Use of other base flood data (in A and V zones).
Information to be obtained and maintained.
Alteration of watercourses.
Conditions for flood variances.
Provisions for flood hazard reduction.
Subdivision proposals.
Review of building permits.
Specific standards.
AE and A1-30 zones with base flood elevations but no floodways.
Floodways.
Critical facility.
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Exhibit B
Chapter 15.05
SHORELINE MANAGEMENT
Article I. Generaily
15.05.010 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline Management
Act of 1971, Chapter 90.58 RCW, as amended, and the Shoreline Management
Guidelines, Chapter 173-26 WAC. The director of the department of community
de.velopment has the authority to adopt rules and regulations to carry out the provisions
of this title and has the authority to administer and enforce this title and any such rules
and regulations. It is unlawful to violate or fail to comply with any provision of this title or
any such rule or regulation. .
(Ord. No. 09-597, § 50, 1-6-09; Ord. No. 99-355, § 3, 11-16-99; Ord. No. J8-323, § 3,
12-1-98; Ord. No. 90-38, § 1(24.10), 2-27-90. Code 2001 § 18-161.)
15.05.020 Jurisdiction.
(1) The provisions of this article shall apply to all development proposed within the
areas defined as "shorelines" in RCW 90.58.030(2)(d), and "shorelines of state-wide
significance" in RC1M 90.58.030(2)(e), and "shorelands" in RCW 90.58.030(2)(fl; see
15.05.030, Additional definitions. The approximate location of these shorelines shall be
designated on maps maintained by the department of community development;
however, the property owner or applicant shall be responsible for determining the
specific location of the shoreline jurisdiction on the subject property when a permit is
filed. The city shall be responsible for verifying shoreline jurisdiction. Washington
Department of Ecology may be contacted to delineate the ordinary high water mark
(OHWM) on a subject property as per its authority and responsibilities outlined in RCW
90.58.030(2)( fl.
(2) No development shall be undertaken by any person on the shorelines of the
state without obtaining a shoreline permit from the department of community
development, or an authorized statement of exemption per WAC 173-27-040 and for
developments exempted by RCW 90.58.140(9) and (10).
(3) All proposed uses and development occurring within shoreline jurisdiction must
conform to Chapter 90.58 RCW, the Shoreline Management Act, and the City of
Federal Way Shoreline Master Program whether or not a permit is required.
(Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, §
1(24.30.10, 24.30.20), 2-27-90. code 2001 § 18-162.)
15.05.030 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this section,
FWRC Title 15, Chapter 90.58 RCW, Chapter 173-26 WAC and Chapters 173-27
WAC, Chapter 19.05 FWRC or FWRC 1.05.020 shall apply in that order.
"Act" means the Washington State Shoreline Management Act of 1971, Chapter
90.58 RCW, as amended.
`Amendment" means a revision, update, addition, deletion, and/or reenactment to
the Federal Way shoreline master program.
`Aquaculture" means the farming or culturing of food fish, shellfish or other aquatic
plants and animals in streams, inlets, and other natural or artificial water bodies.
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�:.
Activities include the hatching, cultivating, planting, feeding, raising and harvesting of
aquatic plants and animals, and the maintenance and construction of necessary
equipment, buildings, and growing areas. Cultivation methods include but are not
limited to fish pens, fish traps, or other similar apparatuses.
`Average grade level" means, for structure built on land, the average of the natural
or existing topography of the portion of the lot, parcel, or tract of real property which will
be directly under the proposed building or structure. In the case of structures to be built
over the water, "average grade level" shall be the elevation of the ordinary high water
mark (OHWM). Calculation of the average grade level shall be made by averaging the
ground elevations at the midpoint of all exterior walls ofi the proposed building or
structure.
"Backshore" means a berm, together with associated .marshes or meadows, on
marine shores landward of the ordinary high water mark which is normally above high
r tide level and has been gradually built up by accretion:
"Bank" means a steep rise or slope at the edge of a body of water or water course.
"Beach nourishment" means the artificial replenishing of a beach by delivery of
materials dredged or excavated elsewhere.
"Berm"means a ledge or shoulder consisting of mounded earth or rock.
"Boating facility" means a facility or structure providing access in and out of the
water for vessels, such as a launching ramp, rails, or lift station open to the public. For
purposes of the Shoreline Master Program, boating facilities do not include docks,
piers, moorage piles, mooring buoys, or floats associated with single-family residences
or other joint-use structures not accessible to the public.
"Breakwater" means an off-shore structure, either floating or not, which may or may
not be connected to the shore, such structure being designed to absorb and/or reflect
back into the water body the energy of the waves. �
"Bulkhead" means a wall, seawall, embankment, or other structure erected at or
near the OHWM and roughly parallel to the shoreline that retains or prevents sliding or
erosion of land or protects land and/or structures from wave or current action.
"Bluff" means a steep slope which abuts and rises from Puget Sound. Bluffs contain
slopes predominantly in excess of 40 percent, although portions may be less than 40
percent. The toe of the bluff is the beach of Puget Sound. The top of a bluff is typically
a distinct line where the slope abruptly levels out. Where there is no distinct break in
slope, the slope is either the line of vegetation separating the unvegetated slope from
the vegetated uplands plateau or, when the bluff is vegetated, the point where the bluff
slope diminishes to less than 15 percent.
"Commercial use" means the uses allowed in the commercial zones and the
nonindustrial uses permitted in the commercial enterprise zone.
"Conditional use" means a use, development, or substantial development which is
classified as a shoreline conditional use or is not classi�ed within the shoreline master
program.
"Critical salmonid habitats" mean habitats that are used by Pacific salmonid species
that migrate between fresh water and salt water during their life cycle. These habitats
include:
(1) Gravel bottomed streams used for spawning;
(2) Streams, lakes, and wetlands used for rearing, feeding, and cover and refuge
from predators and high waters;
(3) Streams and salt water bodies used as migration corridors;
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(4) Shallow areas of salt water bodies used for rearing, feeding, as well as cover
and refuge from predators and currents, including, but not limited to, forage fish habitats
such as sandy beaches and eelgrass beds; and
(5) Pocket estuaries including stream mouths and deltas where fresh water mixes
with salt water and provides rearing habitat for juvenile salmonids.All saltwater
shorelines in Federal Way are critical salmonid habitats.
"Departmenf" means the department of community development services, unless the
context indicates otherwise.
"Development" means a use consisting of the construction or exterior alteration of
structures; dredging; drilling; dumping; filling; removal.of any sand, gravel, or minerals;
bulkheading; driving of piling; placing of obstructions; or any project of a permanent or
temporary nature which interferes with the normal public use of the surface of the
waters overlying lands subject to the Shoreline Management Act (RCW 90.58) at any
state of water level.
"Dock" means all platform structures floating upon water bodies and connected to
land to provide moorage or landing for waterborne pleasure craft.
"Dredging" means the removal of earth from the bottom of a stream, marine water
body, lake or other water body for the purposes of deepening and/or maintaining a
navigational channel.
"Drift cell" (also referred to as "drift sector," or "littoral celP') means a particular reach
of marine shore in which littoral drift may occur without significant interruption and which
contains any natural sources of such drift and also accretion shore forms created by
such drift.
"Ecological functions" means the work performed or role played by the physical,
chemical, and biological processes in the shoreline that contribute to the maintenance
of the aquatic and terrestrial environments that constitute the shoreline's natural
ecosystem.
"Ecosystem-wide processes" means the suite of naturally occurring physical and
geologic processes of erosion, transport, and deposition; and specific chemical
processes that shape landforms within a specific shoreline ecosystem and determine
both the types of habitat and the associated ecological functions.
"Exemptions" means those development activities which are not required to obtain a
Substantial Development Permit, but which must obtain an authorized statement of
exemption and which must otherwise comply with applicabte provisions of the Shoreline
Management Act and the city's local shoreline master program.
"Fair market value" means the open market bid price for conducting the work, using
the equipment and facilities, and purchase of the goods, services, and materials
necessary to accomplish the development. This would normally equate to the cost of
hiring a contractor to undertake the development from start to finish, including the cost
of labor, materials, equipment and facility usage, transportation and contractor
overhead, and profit. The fair market value of the development shall include the fair
market value of any donated, contributed or found labor, equipment, or materials.
"Feasible" means that an action, such as a development project, mitigation, or
preservation requirement, meets all of the following conditions:
(1) The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or studies or tests have demonstrated in
similar circumstances that such approaches are currently available and likely to achieve
the intended results;
(2) The action provides a reasonable likelihood of achieving its intended purpose; and
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(3) The action does not physically preclude achieving the project's primary intended
legal use. In determining an action's feasibility, the reviewing agency may weigh the
action's relative public costs and public benefits considered in the short- and long-term
time frames.
"Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining
structure, or other material to an area waterward of the OHWM, in wetlands, or on
shorelands in a manner that raises the elevation or creates dry land.
"Float" means a structure or device which is not a breakwater and which is moored,
anchored, or otherwise secured in the waters of Federal Way, and which is not
connected to the shoreline.
"Floodplain" means one hundred-year plain and means that land area
susceptible to inundation with a one per.cent chance of being equated or exceeded in
any given year. The limit of this area shall , :be based upon flood ordinance regulation
maps or a reasonable method which meets the objectives of the Act.
"Geologically hazardous areas" means areas which because of their susceptibility to
erosion, land-sliding, seismic, or other geological events are not suited to siting
commercial, residential, or industrial development consistent with public health or safety
concerns. Geologically hazardous areas include the following areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion
hazard due to natural agents such as wind, rain, splash, frost action, or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic
downslope movement of a mass of soil or rock including, but not limited to, the following
areas:
(a) Any area with a combination of:
(i) Slopes greater than 15 percent;
(ii) Permeable sediment, predominately sand and gravel, overlying relatively
impermeable sediment or bedrock, typicatly silt and clay; and
(iii) Springs or groundwater seepage.
(b) Any area which has shown movement during the Holocene epoch, from
10,000 years ago to the present, or which is underlain by mass wastage debris of that
epoch.
(c) Any area potentially unstable as a result of rapid stream incision, stream bank
erosion, or undercutting by wave action.
(d) Any area located in a ravine or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or flooding.
(e) Those areas identified by the United States Department of Agriculture Soil
Conservation Service as having a severe limitation for building site development.
(f) Those areas mapped as class U(unstable), UOS (unstable old slides), and
URS (unstable recent slides) by the Department of Ecology.
(g) Slopes having gradients greater than 80 percent subject to rockfall during
seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake
damage as a result of seismically induced ground shaking, slope failure, settlement or
soil liquefaction, or surFace faulting. These conditions occur in areas underlain by
cohesionless soils of low density usually in association with a shallow groundwater
table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater
and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25
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feet of horizontal distance. A slope is delineated by establishing its toe and top, and
measured by averaging the inclination over at least 10 feet of vertical relief.
"Geotechnical report"or "geotechnical ana/ysis"means a scientific study or
evaluation conducted by a qualified expert that includes a description of the ground and
surface hydrology and geology; the affected land form and its susceptibility to mass
wasting, erosion, and other geologic hazards or processes; conclusions and
recommendations regarding the effect of the proposed development on geologic
conditions; the adequacy of the site to be developed; the impacts of the proposed
development; alternative approaches to the proposed development; and measures to
mitigate potential site-specific and cumulative geological and hydrological impacts of
the proposed development, including the potential adverse impacts to adjacent and
down-current properties. Geotechnical�reports shall conform to accepted technical
standards and must be prepared by qualified professional engineers or geologists who
have professional expertise about �the regional and local shoreline geology and
processes.
"Grading" means the movement or redistribution of the soil, sand, rock, gravel,
sediment, or other material on a site in a manner that alters the natural contour of the
land.
"Groin" means a barrier type structure extending from the backshore into the water
across the beach. The purpose of a groin is to interrupt sediment movement along the
shore.
"Height" means that distance measured from average grade level to the highest
point of a structure: provided, that television antennas, chimneys, and similar
appurtenances shall not be used in calculating height, except where such
appurtenances obstruct the view of the shoreline of a substantial number of residences
on areas adjoining such shorelines, or the applicable master program specifically
requires that such appurtenances be included: provided further, that temporary
construction equipment is excluded in this calculation.
"Jetty" means an artificial barrier used to change the natural littoral drift to protect
inlet entrances from clogging by excess sediment.
"Landslide"means an episodic downslope movement of a mass of soil or rock that
includes but is not limited to rockfalls, slumps, mudflows, and earthflows.
"Littoral drift" means the natural movement of sediment along marine or lake
shorelines by waveaction in response to prevailing winds.
"Majorstream"means any stream, and the tributaries to any stream, which contains
or supports, or under normal circumstances contains or supports, resident or migratory
fish. If there exists a natural permanent blockage on the stream course which precludes
the upstream movement of anadromous salmonid fish, then that portion of the stream
which is downstream of the natural permanent blockage shall be regulated as a major
stream.
"Marine" means pertaining to tidally influenced waters, including Puget Sound and
the bays, estuaries, and inlets associated therewith.
"Minor stream" means any stream that does not meet the definition of major stream.
"Mooring buoys" means a floating object anchored to the bottom of a water body
that provides tie up capabilities for vessels.
"Nafive Shoreline Vegetation" means trees, shrubs, and other plant species that are
indigenous to a specific area or region. Plants native to western Washington are
referenced in Flora of the Paci�c Northwest (Hitchcock and Cronquist). Ornamental
landscaping and invasive species shall not be considered native shoreline vegetation.
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Exhibit B
"Natural" or "existing topography"means the topography of the lot, parcel, or tract of
real property immediately prior to any site preparation or grading, including excavating
or filling.
"Nearshore" means either nearshore environment or nearshore habitat and refer
generally to an area along the Puget Sound shoreline that extends from the top of bluffs
or upland area immediately adjacent to the beach to the point where sunlight
penetrates marine waters to a depth where aquatic plant life is supported.
"Nonconforming use" or "development" means a shoreline use or development
which was lawfully constructed or established prior to the effective date of the Act or the
applicable shoreline master program, or amendments thereto, but which does not ..._
conform to present regu1ations or standards of the shoreline master program.
"Non-water-oriented uses" means those uses that are not water-dependent, water- :. .,. .
related, or water-enjoyrnent and which have little or no relationship to the shoreline and �� ���
are not considered priority uses under the Shoreline Management Act, Examples �
include professional offices, automobile sales or repair shops, mini-storage facilities,
multi-family residential development, department stores, and gas stations.
"Ordinary High Wafer Mark (OHWM)" means the mark on all lakes, streams, and
tidal waters that will be found by examining the beds and banks and ascertaining where
the presence and action of waters are so common and usual and so long continued in
all ordinary years as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation, as that condition existed on June 1, 1971, as it may
naturally change thereafter, or as it may change thereafter in accordance with permits
issued by a local government or the Department of Ecology. In any area where the
ordinary high water mark cannot be found, the ordinary high water mark adjoining
salfinrater shall be the line of inean higher high tide and the ordinary high water mark
adjoining freshwater shall be the line of inean high water.
"Permit" means any substantial development, variance, conditional use permit, or
revision authorized under Chapter 90.58.RCW.
"Pier" means any fixed platform structure upon water bodies that is supported by
piles and connected to land.
"Primary structure" means the structure associated with the principal use of the
property. If more than one structure is associated with the principal use of the property,
the one with the highest value shall be considered the primary structure.
"Public access" means the general public's ability to view, reach, touch, and enjoy
the water's edge and use the State's public waters, the water/land interface, and
associated public shoreline area. Public access also includes actual, physical,
unobstructed access from land to the ordinary high water mark or adjacent shorelands.
"Public utility" means the facilities of a private business organization such as a public
service corporation, or a governmental agency performing some public service and
subject to special governmental regulations, the services which are paid for directly by
the recipients thereof. Such services shall include but are not limited to: water supply,
electric power, telephone, cablevision, natural gas, and transportation for persons and
freight. The term also includes broadcast towers, antennas, and related facilities
operated on a commercial basis.
"Recreational development" means commercial and public facilities designed and
used to provide recreational opportunities to the public.
"Replacement structure" means the construction of a new structure to perform the
same function as an existing structure that can no longer adequately serve its purpose.
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Additions to or increases in size of existing structures shall not be considered
replacement structures.
"Residential development" means developments and occupancy in which persons
sleep and prepare food, other than developments used for transient occupancy.
Residential development includes the creation of new residential lots through
subdivision of land.
"Restoration"means in the context of "ecological restoration," the reestablishment or
upg�ading of impaired ecological shoreline processes or functions. This may be
accomplished through measures including, but not limited to, revegetation, removal of
intrusive shorelin,e structures, and removal or treatment of toxic materials. Restoration,
does not imply a requirement for retuming the shoreline area to aboriginal or pre-
European settlement conditions. -
"Riprap"means:a iayer, facing, or protective mound of angular stones randorn�jr -.
placed to prevent erosion, scour, or sloughing of a structure or embankment; also, tMe���
stone so used.
"Shall" means a mandate; the action must be done.
"Shorelands" also referred to as "shoreland areas", means those lands extending
landward for finro hundred feet in all directions as measured on a horizontal plane from
the ordinary higi� water mark; floodways, and contiguous floodplain areas landward 200
feet from such floodways; and all wetlands and river deltas associated with the streams,
lakes, and tidal waters which are subject to the provisions of this chapter; the same to
be designated as to location by the Department of Ecology.
"Shoreline administrator"means the director of the department of community
development or his or her designee and is responsible for administering the Federal
Way shoreline master program.
"Shoreline environment designation" means the categories of shorelines of the state
established by the City of Federal Way shoreline management master program to
differentiate befinreen areas whose features imply differing objectives regarding their
use and future development.
"Shoreline jurisdiction"means all "shorelines of the state" and "shorelands" as
defined in the Federal Way shoreline master program and RCW 90.58.030.
"Shoreline Master Program (SMP)" means the comprehensive use plan for a
described area, and the use regulations together with maps, diagrams, charts, or other
descriptive material and text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in RCW 90.58.020.
"Shoreline modi�cations" means those actions that modify the physical configuration
or qualities of the shoreline area, usually through the construction of a physical element
such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline
structure. They can include other actions, such as clearing and grading.
"Shoreline stabilization" means structural and nonstructural actions taken to address
erosion impacts to property, dwellings, businesses, or structures caused by natural
shoreline processes such as currents, floods, tides, wind, or wave action. Expansion or
enlargement of existing stabilization measures is considered new stabilization.
"Shoreline variance" means to grant relief from the specific bulk, dimensional, or
performance standards in the local shoreline master program, but not a means to vary
a "use" of a shoreline.
"Shorelines"means all of the water areas of the state, including reservoirs, and their
associated shorelands, together with the lands underlying them; except (i) shorelines of
statewide significance; (ii) shorelines on segments of streams upstream of a point
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where the mean annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments; and (iii) shorelines on lakes less than 20
acres in size and wetlands associated with such small lakes.
"Shorelines of statewide significance" means those areas of Puget Sound in the city
� of Federal Way lying seaward from the line of extreme low tide.
"Shorelines of the state" means the total of all "shorelines" and "shorelines of
statewide significance" within the city of Federal Way.
"Should" means that the particular action is required unless there is a demonstrated,
compelling reason, based on policy of the Shoreline Management Act and this title,
against ta�l�ing the action. - � -
"SMA"means the Shoreline Management Act.
"SMP" means #he Shoreline Master Program. � k� '
"Soft-shore bank stabilization" means the use of bioengineering or bio#�echr�ical bank .
stabilizatic�n measures where vegetation, logs, rock, and beach nourishmer�#:ar� used -
to address erosion control and slope stability. � '
"Stringline sefback" means a straight line drawn between the points on the primary
structures having the greatest projection water ward on the finro adjacent properties. If
one of the adjacent properties is unimproved, the line shall be drawn to the point of the
st�ndard shoreline setback at the side property line of the unimproved lot.
"Subsfantial accessory structure" means non primary structures equal to or larger
than 400 square feet and in good repair.
"Vegetation conservation area" means an upland area adjacent to the ordinary high
water mark or top of bluff where existing native vegetation and native trees shall be
retained per the requirements of the Federal Way Shoreline Master Program. The width
of the vegetation conservation area is consistent with setback requirements for specific
uses and shoreline environment designations.
"Vessel" means ships, boats, barges, or any other floating craft which are designed
and used for navigation and do not interfere with the normal public use of the water.
"Water quality" means the physical characteristics of water within shoreline
jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic,
recreation-related, and biological characteristics. Where used in this title, the term
"water quantity" refers only to development and uses regulated under this chapter and
affecting water quantity, such as impermeable surfaces and storm water handling
practices. Water quantity, for purposes of this title, does not mean the withdrawal of
ground water or diversion of surface water pursuant to
RCW 90.03.250 through 90.03.340.
"Water use" means a use or portion of a use which cannot exist in any
other location and is dependent on the water by reason of the intrinsic nature of its
operations. Examples of water dependent uses may include ship cargo terminal loading
areas, ferry and passenger terminals, barge loading facilities, ship building and dry
docking, marinas, aquaculture, float plane facilities, and sewer outfalls.
"Water-enjoyment use" means a recreational use or other use that facilitates public
access to the shoreline as a primary characteristic of the use; or a use that provides for
recreational use or aesthetic enjoyment of the shoreline for a substantial number of
people as a general characteristic of the use and which through location, design, and
operation ensures the public's ability to enjoy the physical and aesthetic qualities of the
shoreline. In order to qualify as a water use, the use must be open to the
general public and the shoreline-oriented space within the project must be devoted to
the specific aspects of the use that fosters shoreline enjoyment.
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"Water-oriented use" means a use that is water-dependent, water-related, or water-
enjoyment, or a combination of such uses.
"Water-related" means a use or portion of a use which is not intrinsically dependent
on a waterfront location but whose economic vitality is dependent upon a waterfront
location because:
(1) Of a functional requirement for a waterfront location such as the arrival or
shipment of materials by water or the need for large quantities of water; or
(2) The use provides a necessary service supportive of the water-dependent
commercial activities and the proximity of the use to its customers makes its
senrices less expensive and/or more convenient. Examples include��professional
services serving primarily water-dependent activities and storage of water-
transported foods. � , , �' :''
�. �, "Wetland" means areas that are inundated or saturated by surface uvater or ground
;.vua�er at a_frequency and duration sufficient to support, and that under �ormal �-
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally created
from non-wetland sites, including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1, 1990, that
were unintentionally created as a result of the construction of a road, street, or highway.
Wetlands may include those artificial wetlands intentionally created from non-wetland
areas to mitigate the conversion of wetlands.
(Ord. No. 09-593, § 19, 1-6-09; Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3,
12-1-98. Code 2001 § 18-163.)
Article II. Shoreline Regulation
15.05.040 General development standards.
The following general development standards apply to all uses and activities in all
shoreline environments:
(1) Impact mitigation.
(a) To the extent Washington State Environmental Policy Act of 1971 (SEPA),
chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from
proposed shoreline uses or developments shall be conducted consistent with the rules
implementing SEPA (FWRC 14.05.010 and WAC 197-11). Mitigation for adverse
impacts to shoreline functions will be triggered during the SEPA review, shoreline land
use permit process, or exemption approval process.
(b) Where required, mitigation measures shall be applied in the following
sequence of steps listed in order of priority.
(i) Avoiding the impact altogether by not taking a certain action or parts of an
action;
(ii) Minimizing impacts by limiting the degree or magnitude of the action and
its implementation by using appropriate technology or by taking a�rmative steps to
avoid or reduce impacts;
(iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
(iv) Reducing or eliminating the impact over time by preservation and
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maintenance operations;
(v) Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and
(vi) Monitoring the impact and the compensation projects and taking
appropriate corrective measures.
(c) In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority measures
are determined to be infeasible or inapplicable.
(d) Required mitigation shall not be in excess of that necessary to assure that
proposed uses or development will result in no net loss of shoreline ecological functions.
(e) Mitigation actions shall not have a significant adverse impact on other
shoreline functions fostered by the policy of the Shoreline Managernent Act.
, {fl When compensatory measures are appropriate pursuant to the mitigation
priority sequence above, preferential consideration shall be given to measures that
replace the impacted functions directly and are located in the immediate vicinity of the
impact. However, alternative compensatory mitigation may be authorized if said
mitigation occurs within the watershed and addresses limiting factors or identified
critical needs for shoreline conservation based on watershed or comprehensive
management plans. Authorization of compensatory mitigation measures may require
appropriate safeguards, terms, or conditions as necessary to ensure no net loss of
ecological functions.
(2) Vegefation conservafion. Existing shoreline vegetation shall be preserved per
development standards established for each shoreline environment designation.
(3) Water quality/stormwater. All activities and development within the shoreline
jurisdiction shall incorporate water pollution control measures and best management
practices (BMPs) for stormwater management. Such measures shall address both
temporary impacts to water quality from construction activities as well as the need for
permanent stormwater management facilities in compliance with the requirements and
restrictions of all applicable city and state regulations. �
(4) Critical areas. Activities and development in critical areas found within shoreline
jurisdiction are required to comply with the development standards outlined in Chapter
15.10 FWRC — Critical Areas and Chapter 15.15 FWRC — Flood Damage Reduction,
for each area described below.
(a) Any conflict between the standards outlined in Chapter 15.10 FWRC or
Chapter 15.15 FWRC and the SMP shall be resolved in favor of the standard that is
most protective of the shoreline ecological functions. In addition to the development
standards outlined in Chapter 15.10 FWRC and Chapter 15.15 FWRC, the following
minimum requirements shall apply with regard to activities and development in critical
areas found within shoreline j�risdiction:
(i) Minimum setbacks from the OHWM established by this chapter shall be
maintained in all cases unless a shoreline variance is granted.
�ii) When 15 10 270 (Structures improvements and clearinq and qradinq
within requlafed wetland buffers) subsections (5) Wetland Buffer Reduction and (6)
Modificafion are utilized for a proiect proposal a shoreline variance permit is required if
the overall proposed buffer width reduction exceeds 25 percent.
(b) Geologically hazardous areas. Regulated geologically hazardous areas
located in the shoreline jurisdiction include seismic hazard areas, landslide hazard
areas, steep slopes, and erosion hazard areas. If a geologically hazardous area is
located within the shoreline jurisdiction, all activities on the site shall be in compliance
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with the requirements and restrictions of Articles I, II, III, and IV of Chapter 15.10
FWRC. In addition to the development standards outlined in Chapter 15.10 FWRC, the
following shall apply with regard to activities and development in geologically hazardous
areas found within shoreline jurisdiction:
(i) Creation of new lots shall be prohibited where development and use on
new lots would cause a foreseeable risk from geological conditions during the life of the
development.
(ii) New development that causes risk from geological conditions should not
be allowed.
(iii) New development on sites with steep slopes and bluffs is required to be
set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary
during the life of the project as demonstrated by a geotechnical analysis.
(c) Streams and wetlands. If a stream or wefi�and is located within the shoreline
. jurisdiction, all activities within the shoreline jurisdiction shall be in compliance with the
requirements and restrictions of Articles I, II, III, V, and VI of Chapter 15.10 FWRC.
(d) Flood damage reduction. If an area of special flood hazard is located on or
adjacent to a development site within shoreline jurisdiction, all activities on the site shall
be in compliance with the requirements and restrictions of Chapter 15.15 FWRC. All
activities allowed within the special flood hazard area by the requirements and
restrictions of Chapter 15.15 FWRC shall not result in a net loss of ecological function.
(e) Critical aquifer recharge areas and wellhead protection areas. If a critical
aquifer recharge area or wellhead protection area is located within the shoreline
jurisdiction, all activities within the shoreline jurisdiction shall be in compliance with the
requirements and restrictions of Articles 1, II, III, and VII of Chapter 15.10 FWRC.
(5) Critical salmonid habitats. All saltwater shorelines in Federal Way are critical
salmonid habitats. Activities and development in critical salmonid habitats found within
the shoreline jurisdiction are required to comply with the following development
standards, in addition to those contained in other sections of this chapter:
(a) Structures which prevent the migration of salmon and steelhead are
prohibited. Fish bypass facilities shall allow the upstream migration of adult fish. Fish
bypass facilities shall prevent fry and juveniles migrating downstream from being
trapped or harmed.
(b) Shoreline modification structures may intrude into critical salmonid habitats
only where the proponent demonstrates all of the following conditions are met:
(i) An alternative alignment or location is not feasible;
(ii) The project is designed to minimize its impacts on the environment;
(iii) If the project will create unavoidable adverse impacts, the impacts are
mitigated by creating in-kind replacement habitat near the project. Where in-kind
replacement mitigation is not feasible, rehabilitating degraded habitat may be required
as a substitute.
(iv) The project satisfies all provisions of FWRC 15.05.050 Shoreline
modifications.
(c) Open pile bridges are the preferred water crossing structures over critical
salmonid habitats. If a bridge is not feasible, one of the following water crossing
structures may be approved if the impacts can be mitigated: temporary culverts,
bottomless arch culverts, elliptical culverts, or other fish-passable round culverts. These
structures are listed in priority order, with the first having the highest preference and the
last the lowest preference. In order for a lower priority structure to be permitted, the
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applicant must show the higher priority structures are not feasible. The project shall be
designed to minimize its impacts on the environment.
(d) Bridges and in-water utility corridors may be located in critical salmonid
habitats provided the proponent shows that all of the following conditions are met:
(i) An alternative alignment is not feasible;
(ii) The project is located and designed to minimize its impacts on the
environment;
(iii) Any alternative impacts are mitigated; and
(iv) Any landfill is located landward of the ordinary high water mark.
Open piling and piers required to construct the bridge may be placed
waterward of the ordinary high water mark, if no alternative method is feasible.
When installing in-water utilities, the installer may be required to place native
material on the bed and banks of the water body�or wetland to re-establish the
preconstruction elevation and contour.of the bed:. The project shall be designed to avoid
and minimize impacts on the environment.
(e) Dredging in critical salmonid habitats shall not be allowed unless the
proponent demonstrates all of the following conditions are met:
(i) The dredging is for a water-dependent or water-retated use;
(ii) An alternative alignment or location is not feasible;
(iii) The project is designed to minimize its impacts on the environment;
(iv) The project is in the public interest; and
(v) If the project will create significant unavoidable adverse impacts, then the
impacts are mitigated by creating in-kind replacement habitat near the project. Where
in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be
required as a substitute.
(f) In-water dredge spoil disposal sites shall not be located in critical salmonid
habitats.
(g) Filling, dumping, discharging (including discharging of stormwater),
commercial or industrial waste water, dredging, channelization, draining, flooding,
disturbing the water level, duration of inundation or water tables, and other activities
.which negatively impact habitat are prohibited in wetlands, ponds, and side channels
which are associated with critical salmonid habitats.
(h) Within critical salmonid habitats, permanent channel changes and
realignments are prohibited.
(i) The removal of aquatic and riparian vegetation within or adjacent to critical
salmonid habitats shall be minimized. Trees which shade side channels, streams,
estuaries, ponds, and wetlands associated with critical salmonid habitats shall be
maintained consistent with the provisions of this chapter. Areas of disturbed earth shall
be revegetated.
Q) Unless removal is needed to prevent hazards to life and property or to
enhance critical salmonid habitats, large woody debris below the ordinary high water
mark shall be left in the water to provide salmon and steelhead habitat.
(6) Archaeological and historic resources.
(a) If any archeological artifacts are uncovered during excavations in the
shoreline, work must stop immediately and the City of Federal Way, the state
Department of Archaeology and Historic Preservation, the Muckleshoot Indian Tribe,_
and the Puyallup Tribe of Indians must be notified.
(b) Proposals for ground disturbing activities in areas known to contain an
historic, cultural, or archaeological resource(s) or highly suspected to contain
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archaeological artifacts and data shall require a site inspection and evaluation by a
professional archaeologist or historic preservation professional, as applicable, prior to
issuance of a permit or initiation of disturbance. The evaluation shall include
recommendations for monitoring of potentially disruptive activities, data recovery, and/or
mitigation measures if warranted. Cost for inspection and evaluation of the site will be
the responsibility of the applicant.
(7) Public access.
(a) In review of all shoreline permits or developments of more than four
residential lots or dwelling units, or subdivision of land into more than four lots, or
commercial development, or non-water dependent uses (including water-enjoyment and
water-related uses) consideration of public�access and joint use of community
recreational facilities shall be required� when: -
(i) The development woulcfi:generate demand for one or more forms of public
shoreline access; and/or. � : _. � . .. . .
(ii) The development would eliminate, restrict, or otherwise impair existing
legal access opportunities or rights. In these instances, publrc access shall be provided
by the development in a form, as detailed by FWRC 15.05.040(7)(d) of this section,
consistent in character with the existing public access that was eliminated, restricted, or
otherwise impaired.
(b) Requirements or conditions for public access shall be consistent with all
relevant constitutional and other legal limitations on regulation of private property.
(c) Public access requirements shall not be required when the applicant
demonstrates that one or more of the following provisions apply:
(i) Unavoidable health or safety hazards to the public exist that cannot be
prevented by any practical means;
(ii) Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions;
(iii) The cost of providing the access, easement, alternative amenity, or
mitigating the impacts of public access is unreasonably disproportionate to the total
long term cost of the proposed development;
(iv) Significant environmental impacts would result from the public access that
cannot be mitigated; and/or
(v) Significant undue and unavoidable conflict befinreen any access provisions
and the proposed use and/or adjacent uses would occur and cannot be mitigated.
(d) Public access shall consist of a dedication of land or a physical improvement
in the form of a walkway, trail, bikeway, corridor, viewpoint, park, or other area serving
as a means of view and/or physical approach to shorelines of the state and may include
interpretive centers and displays.
(e) Public access locations shall be clearly marked with visible signage.
(� Public access provided by shoreline street ends, public utilities, and rights-of-
way shall not be diminished (RCW 36.87.130).
(g) Shoreline development by any public entities, including the City of Federal
Way, state agencies, and public utility districts, shall include public access measures as
part of each development project, unless such access is shown to be incompatible due
to reasons of safety, security, or impact to the shoreline environment or other provisions
in this section.
(8) Restorafion Projects.
(a)Restoration projects within the shoreline environment consistent with WAC
173-27-080(2)(0) shall be allowed without a shoreline substantial development permit;
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be reviewed through the shoreline exemption review process; and be designed
consistent with the development standards outlined in Chapter 15.10 FWRC — Critical
Areas and the provisions of this chapter.
(b) Approval of restoration projects shall be based on a review of a plan
containing, at a minimum, an analysis of existing conditions, identification of the area to
be restored, proposed corrective actions, including installation of native species,
performance standards, monitoring schedule, planting plans, erosion and sedimentation
control plans, and grading plans as necessary.
(c) The shoreline administrator shall require an applicant to retain the services of
a qualified professional in preparirag the restoration plan. Intrusions into regulated steep _N=��:
slopes and associated setbacks will be allowed for purposes of approved restoration
projects. � � � '
(Ord. No. 99-355, § 3, 11-16 99;,�rd..�No. 98-323, § 3, 12-1-98, Code 2001 § 18-165} �: �� ��
15.05.050 Shoreline modifications
(1) Shoreline stabilizafion. Shoreline stabilization may be permitted in the shoreline
residential environment. Hard armoring (e.g. bulkheads and riprap) is subject to a
shoreline conditional use permit in the urban conservancy environment. Soft-shore
stabilization may be permitted in the urban conservancy environment. Shoreline
stabilization proposals shall address the following:
(a) Shoreline stabilization, including bulkheads, shall not be considered an
outright permitted use on the city's shorelines. In order for shoreline stabilization to be
permitted the city must find that:
(i) The applicant shall provide a geotechnical report, prepared by a qualified
professional, that estimates the rate of erosion and evaluates alternative solutions; and
the urgency associated with the specific situation; and
(ii) Soft-shore stabilization alternatives such as slope drainage systems,
vegetative growth stabilization, gravel berms, and beach nourishment shall be
prioritized over structural options such as bulkheads and riprap. The "softest" effective
alternative shall be utilized; and
(iii) In the case of proposed hard armoring stabilization solutions (e.g.
bulkheads and riprap), erosion from waves or currents presents a clear and imminent
(damage within 3 years) threat to a legally established primary structure, one or more
substantial accessory structures, water-dependent development, ecological
restoration/toxic clean-up remediation projects, or public improvements; and
(iv) In the case of bulkheads and riprap, the proposed shoreline stabilization
is located landward of the ordinary high water mark; and
(v) The proposed shoreline stabilization is the minimum size necessary to
protect existing improvements; and
(vi) The applicant shall demonstrate that impacts to sediment transport are
minimized to the greatest extent possible; and
(vii) Shoreline stabilization shall not have an adverse impact on the property
of others and shall be designed so as not to create the need for shoreline stabilization
elsewhere; and
(viii) Shoreline stabilization shall not significantly interfere with normal surface
and/or subsurface drainage into the water body and shall be constructed using an
approved filter cloth or other suitable means to allow passage of surface and
groundwater without internal erosion of fine material; and
(ix) Shoreline stabilization shall not be used to create new lands; and
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(x) Use of chemically treated wood is prohibited for any shoreline stabilization
proposal within freshwater lake shorelines; and
(xi) Use of creosote treated wood is prohibited within marine shorelines; and
(xii) Re-vegetation with native plants is required as part of the shoreline
stabilization project; and
(xiii) Shoreline stabilization shall not otherwise result in a net loss of
ecological functions.
(b) When a bulkhead or other structural alternative is permitted subject to
subsection (a) above, the following standards shall apply:
(i) The maximu.m height of the proposed bulkhead or other stabilization ,.
structure is no more than one foot above the elevation of inean higher high water on -
tidal waters, or one foot in height above the elevation of ordinary high water mark on ���� ;'�r;°
lakes, measured from:grade on the waterward side of the bulkhead or structure; and
(ii) When a bulkhead or other stabilization structure has deteriorated such -...
that the ordinary high water mark has been established by the presence and action of
water landward of the existing bulkhead, then the replacement bulkhead or structure
must be located at or landward of the ordinary high water mark.
(iii) Repair of an existing bulkhead or other stabilization structure is permitted
provided that the repaired bulkhead or structure is not relocated further waterward or
increased in height.
(iv) If an existing bulkhead or other stabilization structure is destroyed it may
be replaced as it existed prior to destruction, provided application for required permits is
made within one year of destruction. Additions to or increases in size of existing
shoreline stabilization measures shall be considered new structures.
(v) Soft shoreline stabilization measures that provide restoration of shoreline
ecological functions may be permitted waterward of the ordinary high water mark.
(vi) The project satisfies the provisions of FWRC 15.05.040(5)(b).
(c) Creation of new lots shall be prohibited where development and use on new
lots would require structural shoreline stabilization over the life of the development. The
following standards shall apply to new development.
(i) New development that would require shoreline stabilization which causes
significant impacts to adjacent or down-current properties and shoreline areas should
not be allowed.
(ii) New development, including newly created parcels, are required to be
designed and located to prevent the need for future shoreline stabilization as
documented by a geotechnical analysis.
(iii) New development on steep slopes and bluffs is required to be set back
sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the
life of the project as demonstrated by a geotechnical analysis.
(2) Piers, docks, floats, and mooring buoys. Piers, docks, floats, and mooring buoys
may be permitted in the shoreline residential and urban conservancy environments
subject to the following conditions:
(a) Public piers and docks shall only be allowed for water-dependent uses and
public access subject to a Shoreline Conditional Use Permit and the following criteria:
(i) Public's need for such a structure is clearly demonstrated;
(ii) The project including any required mitigation, will result in no net loss of
ecological functions associated with critical saltwater habitat;
(iii) The project is consistent with the state's interest in resource protection
and species recovery; and
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(iv) Moorage at public docks is limited to recreational purposes and shall not
extend more than one 24-hour period. Public docks may not be used for commercial or
residential moorage.
(b) Residential piers, docks, floats, or mooring buoys may be permitted
accessory to a single-family residence, or as common use facilities associated with a
subdivision, short subdivision, or multi-family development, in accordance with this
chapter and the following limitations:
(i). Residential mooring buoys are preferred over docks and piers on the
Puget Sound shoreline. Applicants for a residential dock or pier on the Puget Sound
Shoreline must cternonstrate why a mooring buoy will not provide adequate moorage>f�r
recreational wat�rcraft.
(ii) No more than one pier, dock, float, or mooring buoy for each existing :. �
residential lot is;permitted. -
(iii) New residenfiial developments of two or more units, subdivisions, or short . -.
subdivisions shall be limited to one shared dock or pier. -
(A) The total number of moorage spaces shall be limited to one moorage
space for every dwelling unit up to four. For each two dwelling units after four, one
additional moorage space is permitted.
(c) All docks and piers shall be subject to the mitigation requirements per FWRC
15.05.040(1) and will result in no net loss of ecological functions associated with critical
saltwater habitat. A preliminary eelgrass survey as specified under the Army Corps of
Engineers, Regional General Permit, RGP 6 shall be required for new docks or piers on
the Puget Sound shoreline.
(d) No dwelling unit may be constructed on a pier or dock.
(e) No covered pier, covered dock, covered moorage, covered float, or other
covered structure is permitted waterward of the ordinary high water mark.
(f) Piers, docks, mooring buoys, or floats shall meet the side and rear yard
setbacks of the underlying zoning classification, except in the case of shared facilities,
in which case no side yard setback is required.
(g) All piers, docks, mooring buoys, floats, or other such structures shall not,
during the course of the normal fluctuations of the elevation of the water body, protrude
more than five feet above the surface of the water.
(h) Floats cannot rest on the tidal substrate at any time. Stoppers on the piling
anchoring the floats or stub piling must be installed such that the bottom of the
floatation device is at least one foot above the level of the substrate.
(i) Any pier, dock, mooring buoy, or float must be constructed out of materials
that will not adversely affect water quality. Use of chemically treated wood is prohibited
in freshwater lake shorelines. Use of creosote treated wood is prohibited in marine
shorelines.
(j) Any new pier or dock must be located generally perpendicular to the shoreline,
and oriented to minimize shading impacts to the maximum degree feasible.
(k) Live-aboard vessels are prohibited. Moorage not associated with residential
development may not extend greater than one 24-hour period without a lease from
Washington Department of Natural Resources.
(I ) Pier and dock dimensions and grating, marine shorelines.
(i) Where authorized by FWRC 15.05, piers and docks located on marine
shorelines shall be the minimum size required to provide for moorage. Single-family
piers or docks shall not exceed 75 feet in length measured perpendicularly from the
OHWM. Shared moorage may extend up to 100 feet in length if demonstrated to be
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necessary to provide adequate moorage. Docks that cannot meet this standard may
request a review under the variance provisions of this Program.
(ii) The maximum width of each pier or dock shall be six feet.
(iii) The maximum width of walkway ramps shall be four feet and shall be fully
grated.
(iv) The decking of all piers and docks shall be designed to allow a minimum
of 45% light passage. This may be accomplished through grated decks, space befinreen
decking, light prisms, or other means.
(v). Pier skirting is not permitted.
(m:): Pier and dock dimensions and grating, � lake shorelines. . b=
(i) The maximum waterward intrusion of any portion of any pier or dock shall
not ext��d further.waterward than the average length of the piers or docks,�on�lots °-
abutting the location of the new dock as measured perpendicularly from thr.e o.rdinary �
high water m�ark unless an alternative dimension is required in order to prev�nfiimpacts-.-
. to critical areas. In no circumstances shall the maximum waterward intrusion of any
portion of any pier or dock extend more than 36 feet from the ordinary high water mark,
or the point where the water depth is eight feet below the elevation of the ordinary high
water mark, whichever is reached first.
(ii) The maximum width of each pier or dock shall be six feet, or up to eight
feet wide on joint use docks where additional mitigation is provided.
(iii) The decking of all piers and docks shall be designed to allow a minimum
of 45% light passage. This may be accomplished through grated decks, space between
decking, light prisms, or other means.
(n) Floats are limited under the following conditions:
(i) One float per single-family residence and no more than one common use
float for each new multi-family development, short subdivision, or subdivision is
permitted. �
(ii) No portion of a float shall be placed more than 45 feet waterward of the
ordinary high water mark on lake shorelines.
(iii) Retrieval lines shall not float at or near the surface of the water.
(iv) No float shall have more than 100 square feet of surface area.
(v) Floats shall use grating on at least 30 percent of their surface to allow light
penetration.
(3) Boating facilities — launching ramps, rails, and lift stations.
(a) Launching ramps, rails, and lift stations may be permitted in parks and
public access areas in the shoreline residential and. urban conservancy
environments subject to a shoreline conditional use permit, where authorized by
FWRC 15.05.070 through 15.05.090. The following conditions shall apply:
(i) No portion of a launching ramp, rail, or lift station shall be placed
more than 60 feet waterward of the ordinary high water mark.
(ii) All portions of a launching ramp, rail, or lift station shall be placed at a
depth not to exceed eight feet below the ordinary high water mark.
(iii) Launching rails or ramps shall be anchored to the ground through the use
of tie-type construction. Asphalt, concrete, or other ramps, which solidly cover the
bottom or bed of a waterbody, are prohibited.
(iv) No more than one launching ramp, rail, or lift station per shoreline
development shall be permitted.
(v) Launching ramps, rails, or lift stations shall not be permitted for shoreline
developments that have an existing pier, dock, float, mooring buoy, or other functional
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moorage. Piers, docks, floats, or other forms of moorage shall not be permitted for
shoreline developments that have existing launching ramps, rails, or lift stations.
� (vi) Launching ramps, rails, and lift stations shall be sited and designed to
ensure protection of navigation routes and access; shall be aesthetically compatible
with or enhance existing shoreline features; and shall be clearly marked and separated
from nearby swimming areas.
(vii) On-shore facilities associated with public boating facilities shall provide
adequate off-street parking and loading area, and have adequate facilities for handling
of sewage and litter.
� (4) Breakwafers, jetties and groins.
(a) Floating breakwaters are permitted in the shoreline residential'and urban
:coraservancy environments, with a conditional use permit, when the:fallawin�g conditions
� ��P�Y� '' : : , .
, . .��
:�� (i} Floating breakwaters may be allowed if necessary to proteet a public boat
launch, when no other alternative with less impact to the environment is feasible.
(ii) When permitted, development of floating breakwaters shall include
mitigation measures consistent with the chapter as to ensure no net loss of ecological
function.
(iu) Non-floating breakwaters are prohibited.
(b) Jetties are prohibited within all shoreline environments in the city.
(c) Groins are prohibited in all shoreline environments in the city.
(5) Dredging and filling.
(a) Dredging:
(i) Dredging activities in shoreline residential or urban conservancy
environments require a conditional use permit. Dredging is not permitted in the natural
environment.
. (ii) Dredging activities are allowed only where necessary to protect public
safety or for shoreline restoration activities.
(iii) Dredging is allowed only where an alternative alignment that would not
require dredging is not feasible.
(iv) Where allowed, dredging operations must be scheduled so as to not
damage shoreline ecological functions or processes.
(v) Where allowed, dredging operations shall avoid and minimize significant
ecological impacts to the greatest extent feasible, and shall be mitigated as required by
this chapter.
(vi) Siting and design of new development shall avoid the need for new and
maintenance dredging.
(vii) Dredging for fill materials shall be prohibited, except for projects
associated with MTCA or CERCLA remediation actions, habitat restoration, or any other
significant restoration effort approved by a shoreline conditional use permit. In such
instances, placement of dredged fill material must be waterward of the OHWM.
(b) Filling:
(i) Fill activities waterward of the ordinary high water mark shall only be
allowed with a shoreline conditional use permit in association with allowed (permitted)
water dependent use developments; public access; cleanup and disposal of
contaminated sediments as part of an interagency environmental clean-up plan;
disposal of dredged material in accordance with DNR Dredged Material Management
Program; or expansion or alteration of transportation facilities of statewide significance
currently located on the shoreline (if alternatives to fill are shown not feasible). Fill
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waterward of the ordinary high water mark associated with non-water dependent uses
shall be prohibited.
(ii) Fill watenivard of ordinary high water mark needed to support the following
water dependent uses may be allowed through a conditional use permit in the shoreline
residential and urban conservancy environments:
(A) Public access;
(B) Expansion, alteration, or repair of transportation facilities currently
located within the shoreline;
(C) Mitigation actions;
(D) Environmental, ecological, or watershed restoration projects,
(E) Beach nourishment or enhancement projects, and
„_ (F) Soft shore bank stabilization projects.
(iii) Permitted fill activities must comply with the fiollowi:ng standards:
. , (A) Demonstration that alternatives to fill are no#: feasible;
� (B) Demonstration that fill shall be deposited so as to minimize disruption
of normal surface and ground water passage;
(C) Demonstration that fill materials shall be of such quality that it will not
adversely affect water quality;
(D) Demonstration that fill shall allow surface water penetration into the
ground water supply, where such conditions existed prior to the fill; and
(E) Demonstration that fill timing will minimize damage to water quality and
aquatic life.
(iv) Fill, except for beach nourishment, shall be prohibited in areas of high
shoreline erosion potential.
(v) Fill located waterward of the ordinary high water mark that results in a net
loss of shoreline function is prohibited.
15.05.060 Environmental designations.
(1) Purpose and esfablishment of designations.
(a) The purpose of the designations is to differentiate between areas whose
geographical, hydrological, topographical, or other features imply differing objectives
regarding their use and future development.
Each environment designation represents a particular emphasis in the type of
uses and the extent of development that should occur within it. The environmental
designation system is designed to encourage uses in each environment that enhance
or are compatible with the character of the environment, while at the same time
requiring reasonable standards and restrictions on development so that the character of
the environment is not adversely impacted.
(b) Names of environment designations. In order to accomplish the purpose of
this title, environmental designations have been established as follows:
(i) Shoreline residential.
(ii) Urban conservancy.
(iii) Natural.
(c) Limits of environment designations. Each environment designation shall
consist of:
(i) The entire water body within city jurisdiction, including all water below the
surface, the land below the water body, the space above the water body, and the
shorelands associated with the water body. On the city's marine shoreline, environment
Page 53 of 103 City of Federa/ Way SMP — Tit/e 15 Shoreline Management
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Exhibit B
.� �: , ,�
designations shall extend waterward from the ordinary high water mark to the line of
extreme low tide.
(ii) The shoreline areas within 200 feet of the ordinary high water mark and
additional upland areas where associated wetlands and floodplains extend beyond 200
feet from the ordinary high water mark.
(d) Establishment of designations.
(i) The written descriptions of the boundaries of the shoreline environment
designations as adopted by ordinance shall constitute the official legal descriptions of
the boundaries of those environment designations.
(ii) The official maps prepared by the city p�rsuant to Chapter 173-26 WAC
shall constitute the official descriptions of the limits of all shorelands in the city of
Federal Way as defined by RCW 90.58.030 and FWRC 15.U5.030.
(iii) The department may, from time to tim�e, as new or improved information
becomes available, modify the official maps described in subsection (1)(d)(ii} of this
section consistent with state guidelines to more accurately represent, clarify, or interpret
the true limits of the shorelines defined herein.
(e) Locafion of boundaries.
(i) Boundaries indicated as following streets, highways, roads, and bridges
shall be deemed to follow the centerline of such facilities unless otherwise specified.
(ii) Boundaries indicated as following railroad lines and transmission lines
shall be deemed to follow the centerline of such rights-of-way or easements unless
otherwise specified.
(iii) Where different environmental designations have been given to a tributary
and the main stream at the point of confluence, the environmental designation given to
the main stream shall extend for a distance of 200 feet up the tributary.
(iv) In case of uncertainty as to a wetland or environment boundary, the
director of community development services shall determine its exact location pursuant
to the criteria of WAC 173-22-040 and RCW 90.58.030, and the provisions of this title.
(Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-164.)
15.05.070 Summary of uses, approval criteria, and process_
(1) Uses not addressed in the program shall be conditional uses.
(2) Specific regulations for each use/development are provided in subsequent
sections for Shoreline Residential (FWRC 15.05.080), Urban Conservancy
(FWRC 15.05.090), and Natural (FWRC 15.05.100) environments. All permitted
and conditional uses may not appear in the permitted use table (FWRC
15.05.070(5)). In cases where uses are not listed, or conflicts exist with other
section(s) of the Program, the text provisions shall control.
(3) Prohibited uses.
(a) The following uses are prohibited in all shoreline environments:
(i) Commercial agriculture.
(ii) Aquaculture.
(iii) Forest practices.
(iv) Industrial uses.
(v) Mining.
(b) Additional uses are prohibited in specific shoreline environments, as detailed
by the permitted use table and FWRC 15.05.080, 15.05.090, and 15.05.100.
(4) Prohibifed shoreline modifications.
Page 54 of 103 City of Federal Way SMP — T'rtle 15 Shore/ine Management
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Exhibit B
(a) The following shoreline modifications are prohibited in all shoreline
environments:
(i) Jetties.
(ii) Groins.
(b) Additional shoreline modifications are prohibited in specific shoreline
environments, as detailed by the permitted use table and FWRC 15.05.080, 15.05.090,
and 15.05.100.
(5) Permitted use table: The following table summarizes the perrnitted,
conditional, and prohibited uses for each shoreline environment.
P= Allowed as exempt from permitting or permitted with substantial development permit
C= May be allowed with shoreline conditional use permit
X = Prohibited
1. Includes bulkheads, bio-engineered erosion control projects, and other shoreline stabilization
activities.
2. Soft shore stabilization is permitted and hard armoring (e.g. bulkheads, rip rap) is subject to a
shoreline conditional use permit.
3. Public piers and docks are allowed with a CUP.
4. Floating breakwaters are allowed with a shoreline conditional use permit, and only when used to
protect a public boat launch. Non-floating breakwaters are prohibited.
5. Dredging and all fill waterward of the OHWM requires a conditional use permit.
6. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments.
7. Parking as a primary use is prohibited in all shoreline environments, but allowed if serving an
allowed shoreline use.
8. Multi-family residential development is prohibited within the Natural environment.
9. Non-water oriented recreational development is prohibited in the Natural environment.
(6) Sfandards table: The following table summarizes siting, design, and
dimensional standards of this Program, as specified within FWRC 15.05.040,
Page 55 of 103 City of Federa/ Way SMP — T'rtle 15 Shoreline Management
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1�7i11• :'
15.05.050, 15.05.080, 15.05.090, 15.05.100 for general shoreline regulations,
shoreline modifications, and shoreline uses.
'�
�_�
.... . ..... .
General standards for all development and uses_
further detailed b s ecific use re ulations below
Hei ht 35 feet 35 feet 35 feet
Shoreline 50 feet from OHWM or as 50 feet from OHWM or as 100 feet from OHWM or
setbacks required for protection of required for protection of as required for protection
critical areas, whichever is critical areas, whichever is of critical areas,
reater reater whichever is reater
Vegetation Conserve aA°io 70% •�' Conserve �8°�6 85%
conservation (minimum) of native =� �{minimum) of native Conserve 100% of native
area vegetation and �°k 70% vegetation and �8°�0 80% vegetation and 100% of
(minimum) of native trees (minimum) of native trees native trees in setback
in setback in setback
Shoreline 75 feet from OHWM oras �
setbacks required for protection of
. critical areas, whichever is
N/A (Prohibited) reater2 N/A (Prohibited)
Associated Prohibited, unless
overwater
structures providing public access
Shoreline Single-family: 50 feet from
setbacks2 OHWM or as required for Single-family: 50 feet from Single-family only, subject
protection of critical areas, OHWM or as required for to CUP: 100 feet from
whichever is greater2 protection of critical areas, OHWM or as required for
Multi-family: 75 feet from whichever is greater2 protection of critical
OHWM or as required for (no multi-family zoning in areas, whichever is
protection of critical areas, this environment) greater
whichever is reater2
Density Subject to underlying
zoning (typically 7,000 to
10,000 sq ft minimum lot Subject to underlying Subject to underlying
size; limited areas of multi- zoning (7,000 to 10,000 sq zoning (5-acre minimum
family residential zoning, ft minimum lot size) lot size)
1,800 sq ft minimum lot
size
Hei ht 8 feet 8 feet 8 feet
Maximum 150 sf per structure; 150 sf per structure; 150 sf per structure;
foot rint 300 sf total er lot 300 sf total er lot 300 sf total er lot
Shoreline Modifications
Design • Nonstructural alternatives prioritized
requirements � Creation of new land prohibited
• Located at or landward of ordinary high water N/A (Prohibited)
• Marine: creosote rohibited
Page 56 of 103 City of Federa/ Way SMP — Tit/e 15 Shoreline Management
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Exhibit B
. ..� ��: a ,:. � � � � ���:
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�..w r � � �
,�x_ . r. �, . . , . .
• Freshwater: chemically treated wood prohibited
• Re-vegetation with native plants required
• Maximum height is 1 foot above elevation of inean
hi her hi h water tidal / ordina hi h water lakes
�%
Sideyard Consistent w/ underlying zoning, except none when joint
setbacks use
Maximum Above water surface level: 5 feet
hei ht
Siting and • Dwelling units prohibited on piers and docks
design • Covered overwafer structures prohibited
requirements � piers and docks�ocienfed' perpendicular to the
shoreline
• Piers and docks:'must be constructed from materials
that allow light penetration through the structure N/A (Prohibited)
• Marine: creosote prohibited
• Freshwater. chemically treated wood prohibited
• Public dock moorage limited to recreational uses
• 1 dock per existing residential lot
• 1 shared dock per new multi-family development,
subdivision, or short subdivision (additionat limitations
on number of moorage spaces)
• 1 float per existing residence / 1 shared dock per new
multi-family development / subdivision /short
subdivision
Pier and dock • Residential piers and docks: maximum waterward
dimensions, intrusion: based on length of nearest existing docks
lake on either side of the proposed dock; never to exceed
shorelines 36 feet from OHWM or length at 8 feet of depth
below OHWM, whichever is reached first
• 6-foot maximum dock width 8-foot for 'oint use
Pier and dock • Maximum waterward intrusion from OHWM 75-100
dimensions, feet depending on use N/A (Prohibited)
marine • 6-foot maximum dock width
shorelines , Minimum 45% transparency of decking
Float • Maximum waterward intrusion: 45 feet from OHWM
dimensions on fakes.
and • Maximum surface area: 100 SF
standards , Use of ratin on at least 30% of surface area
Dimensions • No more than 60 feet waterward from OHWM.
and . No more than 8 feet below OHWM
standards � No more than 1 ramp per shoreline
development
• Shall not be allowed for developments with N/A (Prohibited)
existing pier, dock, float, or other functional moorage.
Piers, docks, floats, or other forms of moorage shall
not be permitted for developments with existing
launch facilities.
.,; , .
;,;. �
Page 57 of 103 City of Federal Way SMP — Tifle 15 Shoreline Management
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Exhibit B
1. Maximum heights may be increased pursuant to the Shoreline Environment-specific regulations of
this Program (FWRC 15.05.080(3), 15.05.090(3), and 15.05.100(3)).
2. Please refer to the Shoreline Environment-specific regulations of this Program for additional detail
related to residential setbacks, including exceptions or modifications to the standard minimum setback
(FWRC 15.05.080(3), 15.05.090(3), and 15.05.100(3)).
3. See additional review and approval criteria and design requirements in FWRC 15.05.050(1).
15.05.080 Shoreline residential environment.
(1) Purpose. The purpose of the "shoreline residentiaP' environment is to
accommodate residential development and appurtenant structures that are consistent �:�
with this chapter. An additional purpose is to provide appropriate public access and
recreational uses.
(2) Designation criteria. Designation criteria for the shoreline residential environment . J.
are provided in the city's -shoreline master program. `,
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except
water dependent recreational uses, permitted shoreline modifications, and public
utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35
feet above average grade level, whichever is less.
(i) This requirement may be modified if the view of any neighboring
residences will not be obstructed, if permitted by the applicable provisions of the
underlying zoning, and if the proposed development is water-related or water-
dependent. For any proposed structure with a height exceeding 35 feet, a view analysis
shall be completed and approved by the City to ensure that visual public access is not
affected consistent with FWRC 15.05.040(7).
(c) All development shall be required to provide adequate surface water
retention, erosion control, and sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the
first 50 feet of property landward from the ordinary high water mark, or other designated
minimum setback necessary to protect designated critical areas per FWRC
15.05.040(4), whichever is greater. This minimum setback area shall be retained as a
vegetation conservation area, subject to provisions referenced in subsection (e).
(e) Vegetafion conservation area. The required setback area shall be considered
a vegetation conservation area. Within the vegetation conservation area, no more than
�9 30 percent of the area with existinq native shoreline vegetation shall be cleared, and
a minimum of 69 70 percent of existing native trees shall be retained. Trees determined
by the city to be hazardous or diseased may be removed. Additionally, the director may
allow removal of vegetation exceeding that described above where an applicant agrees
to replacement plantings that are demonstrated to provide greater benefit to shoreline
ecological processes than would be provided by strict application of this section.
(f) Impact mitigation. All developments and uses shall result in no net loss of
ecological functions and shall be consistent with the impact mitigation requirements of
15.05.040(1).
(g) Collection facilities to control and separate contaminants shall be required
where stormwater runoff from impervious surfaces would degrade or add to the
pollution of recipient waters of adjacent properties.
Page 58 of 103 City of Federal Way SMP — Title 15 Shoreline Management
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Exhibit B
(h) All development in the shoreline residential area must comply with applicable
regulations identified within the general development standards, shoreline
modifications, and all other applicable sections of this chapter.
(4) Shoreline modifications.
(a) Allowed modifications to the shoreline within shoreline residential designated
areas include the following:
(i) Shoreline sfabilization. Allowed within the shoreline residential designated
areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(1).
(ii) Piers and docks. Allowed within shoreline residential designated areas
under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). �
(iii) "Mooring buoys and floafs. Allowed within shoreline residential designated
areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iv) Boafing Facilities - launching ramps, rails, and lift stations. Permitted with
a conditional use permit in parks and public access areas within the residential � �
environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3). �� �
(v) Breakwaters. Floating breakwaters are allowed within the shoreline
residential areas with a shoreline conditional use permit under the requirements
imposed by FWRC 15.05.040 and 15.05.050(4).
(vi) Dredging and filling. Altowed within shoreline residential designated areas
with a shoreline conditional use permit under the requirements imposed by FWRC
15.05.040 and 15.05.050(5).
(b) Prohibited modifications to the shoreline within shoreline residential
designated areas include the following:
(i) Jetties and groins.
(5) Shoreline uses.
(a) Allowed uses within shoreline residential designated areas include the
following:
(i) Residential development. Single-family residential use shall be a priority
use in the shoreline environment. Single-family and multiple-family residential
development, accessory dwelling units, and home occupations may be permitted in the
shoreline residential environment subject to the following:
(A) The proposed use is permitted in the underlying zone classification.
(B) Residential development is prohibited waterward of the ordinary high
water mark.
(C) Setbacks.
(I) Single-family residential development on marine shorelines shall
maintain a minimum shoreline setback of 50 feet from the ordinary high water mark.
Single-family residential development on lake shorelines shall maintain a minimum
setback behind the stringline setback or 50 feet from the ordinary high water mark,
whichever is greater. If the site contains one or more designated critical areas, the
setback shall be the minimum necessary to protect such designated critical areas per
FWRC 15.05.040(4), or the stringline setback, or 50 feet from the ordinary high water
mark, whichever is greater. Where critical area setbacks do not apply, the standard 50
foot minimum setback may be modified pursuant to the following exception:
(a) If single-family residential development is proposed on a lot
where properties on at least one side of the lot are developed in single-family
residences located less than 50 feet from the ordinary high water mark, then the
proposed residential development may be located the same distance from the ordinary
high water mark as the adjacent residences (using the stringline setback method as
Page 59 of 103 City of Federal Way SMP — T'�tle 15 Shoreline Management
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Exhibit B
defined in FW RC 15.05.030), but shall in no case be closer than 30 feet from the
ordinary high water mark.
(II) Multi-family residential development on marine shorelines shall
maintain a minimum setback of 75 feet from the ordinary high water mark. Multi-family
residential development on lake shorelines shall maintain a minimum setback behind
the stringline setback or 75 feet from the ordinary high water mark, whichever is greater.
If the site contains one or more designated critical areas, the setback shall be the
minimum necessary to protect such designated critical areas per FWRC 15.05.040(4),
or the stringline setback, or 75 feet from the ordinary high water mark, whichever is
greater. Where critical area setbacks do not apply, the standard 75-foot miraimum
setback may be modified pursuant to the following exception: `
(a) Ifi multi-family residential development is proposed on a lat
wh,ere properties on at least one side of the lot are developed in multi-#amil�r residential
uses located less #han.75 feet from the ordinary high water mark, then. the proposed
residential development may be located the same distance from the ordinary high water
mark as the adjacent residential uses (using the stringline setback method as defined in
FWRC 15.05.030) but shall be no closer than 50 feet from the ordinary high water
mark.
_ (D) Public access. In review of all shoreline permits or developments of
more than four residential lots or dwelling units, or subdivision of land into more than
four lots, consideration of public access shall be required consistent with FWRC
15.05.040(7).
(E) Where allowed consistent with underlying zoning, subdivision of land
shall be configured through the orientation of lots to:
(I) Prevent the loss of ecological functions at full build-out by providing
adequate developable space outside of setbacks; and
(II) Avoid the need for new shoreline stabilization and flood hazard
reduction measures.
(ii) Accessory structures. Residential accessory structures may be placed
within the required shoreline setback, provided:
(A) No accessory structure shall cover more than 150 square feet.
(B) No more than 300 square feet of accessory structures shall be
allowed.
(C) No accessory structure shall exceed eight feet in height.
(D) Existing native shoreline vegetation within the shoreline setback is
conserved as per general requirements (3)(d) and (e).
(iii) Recreational development. Recreational development may be permitted
in the shoreline residential environment subject to the general requirements of this
chapter, provided:
(A) The recreational development is permitted in the underlying zone.
(B) The facilities are located, designed, and operated in a manner
consistent with the purpose of the residential environment.
(C) Recreational development that provides public access to and use of
the water shall be given priority.
(D) Recreational development shall provide mitigation consistent with the
general requirements of this chapter and shall lead to no net loss of ecological
functions.
(E) Swimming areas shall be separated from boat launch areas.
Page 60 of 103 City of Federal Way SMP — Title 15 Shoreline Management
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Exhibit B
(F) Boat launching facilities may be developed, subject to a shoreline
conditional use permit, provided:
(I) The parking and traffic generated by such a facility can be safely and
conveniently handled by the streets and areas serving the proposed facility.
(II) The facility will not be located on a beach area or cause net loss in
shoreline function.
(G) Upland facilities constructed in conjunction with a recreational
development shall be set back and/or sited to avoid adverse impacts to the functions of
the shorelines of the city.
. (H) Public pedestrian and bicycle pathways shall be�,permitted adjacent to
�water bodies. Such trails and pathways must be made of pervious materials, if feasible.
.. . (I) Public contact with unique and fragile areas shall be permitted where it
-?� :. is possible without destroying the natural character of the area: �-... �.
., � (J) Water viewing, nature study, recording, and viewing shall: be
accommodated by space, platforms, benches, or shelter consistentwith public safety
and security.
(iv) Utilities. Utility facilities, with the exception of cellular towers, solid waste
transfer stations, and production and processing facilities, may be permitted in the
shoreline residential environment subject to the requirements of this chapter, provided:
(A) No other practicable alternative location outside of the shoreline
jurisdiction with less impact to the environment is available for the facility.
(B) Utility and transmission facilities shall:
(I) Avoid disturbance of unique and fragile areas.
(II) Avoid disturbance of wildlife spawning, nesting, and rearing areas.
(III) Conserve native shoreline vegetation, particularly forested areas,
to the maximum extent possible.
(IV) Overhead utility facilities shall not be permitted in public parks,
monuments, scenic, recreation, or historic areas.
(V) Minimize visual impact.
(VI) Harmonize with or enhance the surroundings.
(VII) Not create a need for shoreline protection.
(VIII) Utilize to the greatest extent possible natural screening.
(IX) Mitigate for unavoidable impacts to achieve no net loss of
shoreline ecological functions.
(X) Be located in existing utility and transportation rights-of-way
whenever feasible.
(C) The construction and maintenance of utility facilities shall be done in
such a way so as to:
(I) Maximize the preservation of natural beauty and the conservation of
resources.
(II) Minimize scarring of the landscape.
(III) Minimize siltation and erosion.
(IV) Protect trees, shrubs, grasses, natural features, and topsoil.
(V) Avoid disruption of critical aquatic and wildlife stages.
(D) Rehabilitation of areas disturbed by the construction and/or
maintenance of utility facilities shall:
(I) Be accomplished as rapidly as possible to minimize soil erosion and
to maintain plant and wildlife habitats.
(II) Utilize native trees and shrubs.
Page 61 of 103 Cify of Federal Way SMP — T'�fle 15 Shoreline Management
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Exhibit B
(E) Solid waste transfer stations are prohibited within shoreline
jurisdiction.
(F) Cellular or wireless towers are prohibited within shoreline jurisdiction.
(v) Transportation and parking facilities. Transportation and parking, except
parking facilities associated with detached single-farnily development, shall conform to
the following minimum requirements:
(A) Transportation corridors shall be developed consistent with the
Transportation Element of the Federal Way Comprehensive Plan (FWCP) and
designed to provide the best service with the least possible impact on shoreline
. ecological function. Impacts to functions shall be mitigated to achieve no net loss of
ecological functions.
, �- ., . (B) New road construction shall be the minimL�m necessary to serve a
� permitted shoreline use. '
. � (C) New public transportation facilities shall�provide-turnout areas for
j° � scenic stops where feasible. "
(D) Parking facilities serving individual buildings on the shoreline shall be
located landward from the principal building being senred, except when the parking
facility is within or beneath the structure and adequately screened, or in cases when an
alternate location would have less environmental impact on the shoreline.
(E) New surface transportation facilities not related to and necessary for
the support of shoreline activities shall be located outside the shoreline jurisdiction if
possible, or set back from the ordinary high water mark far enough to make protective
measures such as riprap or other bank stabilization, landfill, or substantial site regrade
unnecessary.
(F) Maintenance, repair, replacement, or other roadway improvements
(including but not limited to widening to serve existing or projected volumes, installation
of curb and gutter, sidewalks, illumination, signals) to existing surFace transportation
facilities shall be allowed within shoreline residential designated areas. Improvements
that create a need for protective measures such as riprap or other bank stabilization,
landfill, or substantial site regrade shall not be permitted unless no alternative exists
and impacts to shoreline ecological functions are mitigated.
(G) Any new development or expansion of existing development creating
greater than six total parking stalls must meet the water quality standards required by
the King County Surface Water Manual for "high use" sites and "resource stream
protection."
(H) Outdoor parking area perimeter, excluding entrances and exits, must
be maintained as a planting area with a minimum width of five feet.
(I) One live tree with a minimum height of four feet shall be required for
each 30 linear feet of planting area.
(II) One live shrub of one-gallon container size, or larger, for each 60
linear inches of planting area shall be required.
(III) Additional perimeter and interior landscaping of parking areas may
be required, at the discretion of the director, when it is necessary to screen parking
areas or when large parking areas are proposed.
(I) Parking as a primary use in shoreline jurisdiction shall be prohibited.
(J) Parking in the shoreline jurisdiction shall directly serve a permitted
shoreline use and environmental and visual impacts shall be minimized.
Page 62 of 103 City of Federal Way SMP — T'�tle 15 Shoreline Management
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Exhibit B
(K) Transportation and parking facilities for subdivision, multi-family
residential, and commercial uses shall incorporate low impact development (LID)
designs to minimize stormwater runoff.
(L) Transportation facilities shall not adversely impact existing or planned
water dependent uses.
(b) In addition to those uses prohibited in all shoreline environments by FWRC
15.05.070(3) of this chapter, the following uses are prohibited uses within shoreline
residential designated areas:
(i) Office and commercial development.
15.05.090 Urban conservancy environment.
(1) Purpose. The purpose of the "urban conservancy" environment is to protect and
restore ecological functions of open space, flood plain, and other sensitive lands where
theyexist in urban and developed settings, while aitowing a variety of compatible uses.
Priority should be given to water-oriented uses over non-water-oriented uses in the
urban conservancy environment. Residential development and appurtenant structures
should be accommodated in the urban conservancy environment when consistent with
existing land use and zoning, and when consistent with this chapter. An additional
purpose is to provide appropriate public access and recreational uses.
(2) Designafion criteria. Designation criteria for the urban conservancy environment
are provided in the city's shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except
water dependent recreational uses, permitted shoreline modifications, and public
utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35
feet above average grade level, whichever is less. This requirement may be modified if
the view of any neighboring residences will not be obstructed, if permitted by the
applicable provisions of the underlying zoning, and if the proposed development is
water-related or water-dependent. For any proposed structure with a height exceeding
35 feet, a view analysis shall be completed and approved by the City to ensure that
visual public access is not affected consistent with FWRC 15.05.040(7).
(c) All development shall be required to provide adequate surface water retention
and sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the
first 50 feet of property landward from the ordinary high water mark or other designated
minimum setback necessary to protect designated critical areas per FWRC
15.04.040(4), whichever is greater. This minimum setback area shall be retained as a
vegetation conservation area, subject to provisions referenced in subsection (e).
(e) Vegetation conservation area. The required setback area shall be considered
a vegetation conservation area. Within the vegetation conservation area, no more than
39 15 percent of the area with existinq native shoreline vegetation shall be cleared, and
a minimum of �9 80 percent of existing native trees shall be retained. Trees determined
by the city to be hazardous or diseased may be removed. Additionally, the director may
allow removal of vegetation exceeding that described above where an applicant agrees
to replacement plantings that are demonstrated to provide greater benefit to shoreline
ecological processes than would be provided by strict application of this section.
(f) Impact mitigation. All developments and uses shall result in no net loss of
ecological functions and shall be consistent with the impact mitigation requirements of
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15.05.040(1).
(4) Shoreline modificafions.
(a) Allowed modifications to the shoreline within urban conservancy designated
areas include the following:
(i) Shoreline Sfabilization. Allowed within urban conservancy designated
areas and the requirements imposed by FWRC 15.05.040 and 15.05.050(1).
(ii) Piers and docks. Allowed within urban conservancy designated areas
under the requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iii) Mooring buoys and floats. Allowed within urban conservancy designated
areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iv) Boating facilities - launching ramps, rails, and lift stations. Permitted with
a shoreline conditional use permit in parks and put�lic access areas within the urban
conservancy environment under the requirernents imposed by FWRC 15.05.040 and
15.05.050(3). .
(v) Breakwaters. Floating breakwaYers are allowed within the urban
consenrancy designated areas with a shoreline conditional use permit under the
requirements imposed by FWRC 15.05.040 and 15.05.050(4).
(vi) Dredging and �lling. Allowed within urban conservancy designated areas
with a shoreline conditional use permit under the requirements imposed by FWRC
15.05.040 and 15.05.050(5).
(b) Prohibited modifications to the shoreline within urban conservancy
designated areas include the following:
(i) Jetties and groins.
(5) Shoreline Uses.
(a) Allowed uses within urban conservancy designated areas include the
following:
(i) Residential development. Allowed within urban conservancy designated
areas under the requirements imposed within FWRC 15.05.080(5)(a)(i), with the
following additional restrictions:
(A) Setbacks. Residential development on marine shorelines shall
maintain a minimum setback of 50 feet from the ordinary high water mark, or other
established minimum setback necessary to protect designated critical areas per FWRC
15.05.040(4), whichever is greater. Residential development on lake shorelines shall
maintain a setback behind the stringline setback, or 50 feet from the ordinary high water
mark, or other established minimum setback necessary to protect designated critical
areas per FWRC 15.05.040(4), whichever is greater. Exceptions to minimum setback
. requirements included in FWRC 15.05.080(5)(a)(i)(C), for both single-family and multi-
family development, shall apply.
(B) Accessory structures. Allowed within urban conservancy designated
areas under the requirements imposed by FWRC 15.05.080(5)(a)(ii).
(ii) Recreational development. Recreational development may be permitted in
the urban conservancy environment subject to the general requirements of this chapter
and under the requirements imposed by FWRC 15.05.080(5)(a)(iii).
(iii) Ufilities. Allowed within urban conservancy designated areas under the
requirements and restrictions imposed by FWRC 15.05.080(5)(a)(iv).
(iv) Transportation and parking facilities. Allowed within urban conservancy
designated areas under the requirements imposed by FWRC 15.05.080(5)(a)(v).
Page 64 of 103 City of Federal Way SMP — Title 15 Shoreline Management
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(v) Office and commercial development. Office and commercial development
may be allowed with conditional use approval in the urban conservancy environment
subject to the requirements of this chapter, provided:
(A} The office or commercial use or activity is permitted in the underlying
zoning classification.
(B) Public access is provided consistent with the requirements of FWRC
15.05.040(7).
(C) Non-water-oriented office and commercial uses are prohibited uses
unless they meet one or more of the following criteria:
(I) The use is part of a mixed-use project that includes water-
dependent uses and provides a significant public benefit such as providing public
access and/or ecological restoration; or navigability is severely limited at the proposed
site. .
(II) In areas designated for commercial use, non-water-oriented
commercial development may be allowed if the site is physically separated from the
shoreline by another property or public right-of-way.
(III) Office and commercial development will not result in a net loss of
shoreline ecological functions or have significant adverse impact to other shoreline
uses, resources, and values provided for in RCW 90.58.020 such as navigation,
recreation, and public access.
(D) Office and commercial development on marine shorelines shall
maintain a setback of 75 feet from the ordinary high water mark, or other established
minimum setback necessary to protect designated critical areas per FWRC
15.05.040(4), whichever is greater. Office and commercial development on lake
shorelines shall maintain a setback behind the stringline setback, or 75 feet from the
ordinary high water mark, or other established minimum setback necessary to protect
designated critical areas per FWRC 15.05.040(4), whichever is greater. The minimum
setback may be reduced using the stringline method, when applicable, but in no case
shall the minimum setback be less than 50 feet from the ordinary high water mark.
(E) Piers, docks, moorages, buoys, floats, and launching facilities will not
be permitted in conjunction with office or commercial development; unless they are
developed as part of on-site public access to the shoreline.
(F) Additional water quality standard must be met as per FWRC
15.05.040(3).
15.05.100 Natural environment.
(1) Purpose. The purpose of the "natural environment" is to protect those shoreline
areas that are relatively free of human influence, or that include intact or minimally
degraded shoreline functions intolerant of human use. These systems require that only
very low intensity uses be allowed in order to maintain ecological functions and
ecosystem-wide processes. Consistent with the policies of the designation, the city shall
plan for restoration of degraded shorelines within this environment.
(2) Designation criteria. Designation criteria for the natural environment are provided
in the city's shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except
water dependent recreational uses and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35
feet above average grade level, whichever is less. This requirement may be modified if
Page 65 of 103 City of Federal Way SMP — Tit/e 15 Shoreline Management
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the view of any neighboring residences will not be obstructed, if permitted by the
applicable provisions of the underlying zoning, and if the proposed development is
water-related or water-dependent. For any proposed structure with a height exceeding
35 feet, a view analysis shall be completed and approved by the City to ensure that
visual public access is not affected consistent with FWRC 15.05.040(7).
(c) All development shall be required to provide adequate surface water retention
and sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the
first 100 feet of property landward from the ordinary high water mark, or other
established minimum setback necessary to protect designated critical areas per FWRC
15.05.040(4), whichever is the greater setback as a vegetation conservation area
subject to provisions refer�n�ed in.subsection (e).
(e) Vegetation conservation area. The required setback area shall be considered
a vegetation conservation area: Within the vegetation conservation area, no native
shoreline vegetation shall be cfeared, and all existing native trees shall be retained.
Trees determined by the city to be hazardous or diseased may be removed.
Additionally, the director may allow removal of vegetation exceeding that described
above where an applicant agrees to replacement plantings that are demonstrated to
provide greater benefit to shoreline ecological processes than would be provided by
strict application of this section.
(fl Impact mitigation. All developments and uses shall result in no net loss of
ecological functions and shall be consistent with the impact mitigation requirements of
15.05.040(1).
(4) Shoreline modi�cations. The following shoreline modifications are prohibited
within the natural designated shoreline areas:
(a) Shoreline stabilization;
(b) Piers, docks, moorages, buoys, and floats;
(c) Boating facilities - launching ramp, rails, and lift stations;
(d) Breakwaters, jetties, and groins; and
(e) Dredging and filling.
(5) Shoreline Uses.
(a) Allowed uses within natural designated areas include:
(i) Residential development. Multi-family residential uses are prohibited in the
natural environment. Single-family residential development and residential accessory
structures may be permitted in the natural environment with a shoreline conditional use
permit with the following additional restrictions:
(A) Allowed only where single-family residential development is permitted
in the underlying zone classification.
(B) Single-family residential development is prohibited waten�vard of the
ordinary high water mark.
(ii) Recreational developmenf. Allowed within the natural designated areas
subject to the limitations of FWRC 15.05.100(4) and provided:
(A) The recreational development is permitted in the undertying zone.
(B) Non-water-oriented recreational uses and development are prohibited
within the natural designated areas.
(C) The recreational development is located, designed, and operated in a
manner consistent with the purpose of the natural environment with a focus on passive
recreation.
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(D) Recreation development shall provide mitigation consistent with the
general requirements of this chapter and shall lead to no net loss of shoreline ecological
functions.
(E) The parking and traffic generated by such a facility can be safely and
conveniently handled by the streets and areas serving the proposed development.
(F) Upland facilities constructed in conjunction with a recreational
development shall be set back and/or sited to avoid adverse impacts to the functions of
the shorelines of the city.
(G) Public pedes#rian and bicycle pathways shall be made of pervious
materials. _
(iii) Ufilities. Allowed within the natural designated areas with a shoreline
conditional use permit under the requirements and restrictions imposed within FWRG� t• -
15.05.080�5)�a)���): � � : .. ,
. (iv) Transportation and parking facilifies. Allowed in the natural environment. ��` .
only when necessary to serve an allowed use and subject to the approval of a
conditional use permit. Approved facilities must, at a minimum, meet the requirements
and restrictions imposed within FWRC 15.05.080(5)(a)(v).
(v) Low intensity public uses. Low intensity public uses including scientific,
historical, cultural, and educational research uses are allowed under the general
requirements for the natural environment (FWRC 15.05.100(3)) and provided that
ecological impacts are avoided.
(b) In addition to those uses prohibited in all shoreline environments by FWRC
15.05.070(3) of this chapter, the following uses are prohibited uses within natural
designated areas:
(i) Boating facilities;
(ii) Multi-family residential development;
(iii) Office and commercial development.
Article 111. Administrative Procedures
15.05.110 Shoreline management permit and enforcement procedures, adoption by
reference.
The city of Federal Way hereby adopts by reference the following sections or
subsections of Chapter 173-27, as amended, of the Washington Administrative Code
("WAC") entitled Shoreline Management Permit and Enforcement Procedures.
WAC:
(1) 173-27-020 Purpose
(2) 173-27-040 Developments exempt from substantial development permit
requirement
(3) 173-27-130 Filing with department
(4) 173-27-270 Order to cease and desist
(5) 173-27-280 Civil penalty
(6) 173-27-290 Appeal of civil penalty
(7) 173-27-300 Criminal penalty
Page 67 of 103 City of Federal Way SMP — Tit/e 15 Shoreline Management
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15.05.120 Permit processing and public notice.
An application for a shoreline development permit shall be made to the department of
community development on forms prescribed by the department. Public notice shall be
provided as follows:
(1) An application for a substantial development permit requires public notice as
prescribed in Process III, Chapter 19.65 FWRC.
(2) An application for a shoreline conditional use permit or shoreline variance
requires public notice as prescribed in Process IV, Chapter 19.70 FWRC.
Page 68 of 103 City of Federal Way SMP — Title 15 Shoreline Managemenf
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(Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 97-291, § 3, 4-1-
97; Ord. No. 90-38, § 1(24.40), 2-27-90. Code 2001 § 18-169.)
15.05.130 Shoreline exemption.
(1) The purpose of a shoreline exemption is to provide an approval process for uses
and activities which do not trigger the need for a substantial development permit, but
require compliance with the shoreline guidelines and the goals, policies, and other
provisions of the city's shoreline master program. A use or activity that qualifies for an
exemption may require a Shoreline Variance (FWRC 15.05.160),. or a Shoreline
Conditional Use Permit (FWRC 15.05.170). An exemption from.'tl��e substantial
devetopment permit process is not an exemption from compliance with any other
applicable regulatory requirements. � � `
(2) To qualify for an exemption, the proposed use, activity, or develo:pment. mu�t meet
the requirements for an exemption as described in WAC 173-27-040r -�
(3) if the proposed development meets the requirements for an exemption, the
applicant shall submit a request for an exemption to the director of community
development services for review and approval. The request shall indicate the speci�c
exemption provision from WAC 173-27-040 that is being applied to the development. The
city shall review the request and provide a summary of the analysis demonstrating
consistency of the project with the Federal Way shoreline master program and the
Shoreline Management Act. The city shall prepare a statement of exemption, provided the
proposal meets exemption criteria. The burden of proof that a development or use is
exempt from the permit process is on the applicant. If any part of the development is not
eligible for exemption, then a substantial development permit is required for the entire
proposed development.
(a) The director may attach conditions to the approval of exempted developments
and/or uses as necessary to assure consistency of the project with the Shoreline
Management Act and the Federal Way shoreline master program, per WAC 173-27-
040(e). For example, in the case of development subject to a building permit, but exempt
from the shoreline permit process, the building official or other permit authorizing official,
through consultation with the director, may attach shoreline management terms and
conditions to building permits and other permit approvals pursuant to RCW 90.58.140.
(b) Where shoreline development proposals are subject to review, approval, and
permitting b.y a federal or state agency, the director shall prepare a statement of
exemption, addressed to the applicant, the federal or state permitting agency, and ecology.
15.05.140 Application requirements.
Complete application. A complete application for a substantial development, shoreline
conditional use, or shoreline variance permit shall contain, as a minimum, the following
information:
(1) The name, address, and phone number of the applicant. The applicant should be
the owner of the property or the primary proponent of the project and not the representative
of the owner or primary proponent.
(2) The name, address, and phone number of the applicant's representative if other
than the applicant.
(3) The name, address, and phone number of the property owner, if other than the
applicant.
(4) Location of the property. This shall, at a minimum, include the property address,
parcel number, and identification of the section, township, and range to the nearest
Page 69 of 103 City of Federal Way SMP — Title 15 Shoreline Management
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quarter, quarter section, or latitude and longitude to the nearest minute. All applications for
projects located in open water areas away from land shall provide a longitude and latitude
location.
(5) Identification of the name of the shoreline (water body) that the site of the proposal
is associated with. This should be the water body from which jurisdiction of the act overthe
project is derived.
(6) A general description of the proposed project that includes the proposed use or
uses and the activities necessary to accomplish the project.
(7) A general description of the property as it now exists, including its physical
,. �:;characteristics and improvements and structures.
(8) A general description of the vicinity of the proposed project, including identification
� of the adjacent uses, structures, and improvements, intensity of development, and physical
characteristics.
Y:�il .- (9} A site development plan consisting of maps and elevation drawings,.drawn to an
appropriate scale to depict clearly all required information, photographs, and text which
shall include:
(a) The boundary of the parcel(s) of land upon which the development is proposed.
(b) The ordinary high water mark of all water bodies located adjacentto orwithin the
boundary of the project. This may be an approximate location provided, that for any
development where a determination of consistency with the applicable regulations requires
a precise location of the ordinary high water mark the mark shall be located precisely and
the biological and hydrological basis for the location as indicated on the plans shall be
included in the development plan. Where the ordinary high water mark is neither adjacent
to orwithin the boundary of the project, the plan shall indicate the distance and direction to
the nearest ordinary high water mark of a shoreline.
(c) Existing and proposed land contours. The contours shall be at intervals sufficient
to accurately determine the existing character of the property and the extent of proposed
change to the land that is necessary for the development. Areas within the boundary that
will not be altered by the development may be indicated as such and contours
approximated for that area.
(d) A delineation of alf wetland areas that will be altered or used as a part of the
development.
(e) A general indication of the character of vegetation found on the site.
(fl The dimensions and locations of all existing and proposed structures and
improvements including but not limited to: buildings, paved or graveled areas, roads,
utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater
management facilities.
(g) Where applicable, a landscaping plan for the project.
(h) Where applicable, plans for development of areas on- or off-site as mitigation for
impacts associated with the proposed project shall be included and contain information
consistent with the requirements of this section.
(i) Quantity, source, and composition of any fill material that is placed on the site
whether temporary or permanent.
(j) Quantity, composition, and destination of any excavated or dredged material.
(k) A vicinity map showing the relationship of the property and proposed
development or use to roads, utilities, existing developments, and uses on adjacent
properties.
(I) Where applicable, a depiction of the impacts to views from existing residential
uses and public areas.
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(m) On all variance applications the plans shall clearly indicate where development
could occur without approval of a variance, the physical features and circumstances on the
property that provide a basis for the request, and the location of adjacent structures and
uses.
(n) Summary of how the proposal meets relevant decisional criteria.
(o) Additional information as requested by the city.
(10) Where applicable, a shoreline assessment and mitigation report prepared by a
qualified professional, which at a minimum, includes the following:
(a) Site plan and cross-sections of development and critical areas and critical
_ � salmonid habitat identi�ed.
(b) A detailed description of proposed development.
, (c) Identification of any species of local importance, priorit� species, or endangered,
~ threatened, or sensitive species that have documented or observed habitat on or adjacent
, ° ;t�o #he project area. - �
(d) An assessment of potential impacts the proposal may have on fish and wildlife
species, critical areas, and critical salmonid habitats.
(e) A discussion of any federal, state, or local management recommendations,
including Washington Department of Fish and Wildlife habitat management
recommendations, that have been developed for species or habitats loaated on or adjacent
to project area.
(f) A discussion of mitigation measures that have been implemented to avoid and
minimize adverse impacts to fish and wildlife species and habitats, critical areas, and
critical salmonid habitat. The mitigation must also include a mitigation plan showing the
area of mitigation and detailed mitigation measures, such as habitat features and planting
of native vegetation.
(g) A discussion of monitoring, maintenance, and contingency measures to
accompany the mitigation plan.
15.05.150 Shoreline substantial development permit.
(1) The purpose of a substantial development permit is to provide an approval
process for any development with a total cost or fair market value exceeding $5,718, or
any devetopment which materially interferes with the normal public use of the water or
shorelines of the state, except those exempted developments set forth in the preceding
section, consistent with WAC 173-27-040. The substantial development dollar threshold
on the adoption date of this Program is five-thousand seven-hundred and eighteen
dollars ($5,718). Under current law, the substantial development dollar threshold will be
recalculated every five years by the Washington State Office of Financial Management
(OFM). OFM posts updated dollar thresholds in the Washington State Register.
(2) When a substantial development permit is requested, the permit shall be
reviewed under the provisions of Process III, Chapter 19.65 FWRC, and the director of
community development shall be the final approval authority for the city of Federal Way.
(3) A substantial development permit shall be granted by the director only when the
development proposed is consistent with the following:
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(a) Goals, objectives, policies, and use regulations of the Federal Way shoreline
master program;
(b) Federal Way comprehensive plan and city code; and
(c) The policies, guidelines, and regulations of the shoreline management act
(RCW 90.58, WAC 173-26, and WAC 173-27).
(4) The director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria.
�... ,; .
15.05.160 Shoreline variance.
(1) The purpose of a shoreline variance is to grant relief to specific bulk,
dimensional, or performance standards set forth in the shoreline master program,
where there is an extraordinary or unique circumstance relating to the property such
that the strict implementation of the shoreline maste� program would impose
unnecessary hardship on the applicant or thwart the'policies of the shoreline
rnanagement act. � �
(2) When a variance is requested, the substantial development permit, if required,
and the variance, shall be reviewed under the provisions of Process IV, Chapter 19.70
FWRC, and the hearing examiner shall be the final approval authority for the city of
Federal Way. The Department of Ecology shall be the final approval authority under
WAC 173-27-200.
(3) A variance from the standards of the master program may be granted only when
the applicant can demonstrate that all the following conditions will apply:
(a) That the strict requirements of the bulk, dimensional, or performance
standards set forth in the master program precludes or significantly interferes with a
reasonable use of the property not otherwise prohibited by the master program;
(b) That the hardship described above is specifically related to the property and
is the result of unique conditions, such as irregular lot shape, size, or natural features,
and the application of the master program, and not for example, from deed restriction or
the applicanYs own actions;
(c) That the design of the project will be compatible with other permitted activities
in the area and will not cause adverse effects to adjacent properties or the shoreline
environment;
(d) That the variance authorized does not constitute a grant of special privilege
not enjoyed by other properties, and will be the minimum necessary to afford relief;
(e) That the public interest will suffer no substantial detrimental effect;
(f) That the public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance when the proposal is for development
located waterward of the ordinary high water mark, or within wetlands, estuaries,
marshes, bogs, or swamps; and
(g) That consideration has been given to the cumulative effect of like actions in
an area where similar circumstances exist, and whether this cumulative effect would be
consistent with shoreline policies or would have substantial adverse effects on the
shoreline.
(4) Shoreline variances may not be used to permit a use that is specifically
prohibited in an environment, or to vary uses permitted within an environmental
designation.
(Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 97-291, § 3, 4-
1-97; Ord. No. 90-38, § 1(24.60.10 — 24.60.40), 2-27-90. Code 2001 § 18-171.)
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Exhibit B
15.05.170 Conditional uses.
(1) The purpose of the conditional use permit is to provide greater flexibility in
varying the application of the use regulations of the shoreline master program in a
manner which will be consistent with the policies of Chapter 90.58 RCW, particularly
where denial of the application would thwart the policies of the Shoreline Management
Act.
(2) When a conditional use is requested, the substantial development permit, if
required, and the conditional use, shall be reviewed under the provisions of Process IV,
Chapter 19.70 FWRC, and the hearing examiner shall be the final approval authority for
the city of Federal Way. The Department°of.,Ecology shall be the final approval authority
under WAC 173-27-200.
(3) Conditional uses have unique an.d special characteristics which require a special
degree of control to make the uses compatible with other existing or permitted uses in
the same environment, and to assure thaf the use is in the public interest. In authorizing
a conditional use permit, special conditions may be attached to the permit by the
hearing examiner to prevent undesirable effects or mitigate environmental impacts of
the proposed use.
(4) Conditional use permits shall be authorized only when they are consistent with
the following criteria:
(a) The proposed use is consistent with the policies of RCW 90.58.020 and the
policies of the shoreline master program;
(b) The use will not interfere with normal use of public shorelines;
(c) The use will cause no unreasonable adverse effects on the shoreline or
surrounding properties or uses, and is compatible with other permitted uses in the area;
(d) The public interest will suffer no substantial detrimental effect;
(e) Consideration has been given to cumulative impact of additional requests for
like actions in the area.
(5) Other uses not set forth in the shoreline master program may be authorized
through a conditional use permit if the applicant can demonstrate that other uses are
consistent with the purpose of the shoreline environmental designation and compatible
with existing shoreline improvements, or that extraordinary circumstances preclude
reasonable use of the property; however, uses specifically prohibited by the master
program may not be authorized.
(Ord. No. 00-375, § 2, 10-3-00; Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3,
12-1-98; Ord. No. 90-38, § 1(24.70.10 — 24.70.50), 2-27-90. Code 2001 § 18.172.)
15.05.180 Final approval of shoreline permits.
(1) The director of community development shall notify the following agencies or
persons within five days of the final approval of a shoreline permit and any shoreline
variances or conditional uses granted:
(a) The applicant;
(b) The state Department of Ecology;
(c) Any person who has submitted written comments on the application; and
(d) Any person who has requested notification in writing prior to final approval of the
permit.
(2) No work may commence on a site requiring a shoreline substantial development,
shoreline variance, or shoreline conditional use permit until 21 days following the "date
of filing" or until all review proceedings before the Shoreline Hearings Board have
terminated.
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Exhibit B
(a) "Date of filing" for a substantial development permit is the date of actual
receipt of the decision by the Department of Ecology.
(b) "Date of filing" for a shoreline variance or shoreline conditional use permit
shall mean the date the permit decision rendered by the Department of Ecology is
transmitted by the department to the City and the applicanUproponent.
(Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, §
1(24.80.10, 24.80.20), 2-27-90. Code 2001 § 18.168.) �
15.05.190 Combined hearing authority.
In those cases when development proposed in the shorelines may require a public .
hearing under the authority of other chapters of this Code, the hearings may be
combined. .. � �
(Ord. No. 99-355, § 3, 11-16-9g; Or.d. Na 98-323, § 3, 12-1-98; Ord. No. 90-38, §
1(24.90), 2-27-90. Code 2001 § 18-174:) � ��_
15.05.200 Appeals.
All appeals of any final permit decision are governed by the procedures established
in RCW 90.58.180, RCW 90.58.140(6), and WAC 481-03, the rules and procedures of
the Shoreline Hearings Board. All appeals of any final permit decision must be made to
the Shoreline Hearings Board within 21 days of the date of filing of the city's final
decision concerning the substantial development permit, or formal approval to revisions
of the permit.
15.05.210 Permit revisions.
(1) A permit revision is required whenever an applicant proposes substantive
changes to the design, terms, or conditions of a project from that which was approved
in the permit. When a revision of a shoreline permit is sought, the applicant shall submit
detailed plans and text describing the proposed changes in the permit and
demonstrating compliance with the minimum standards pursuant to WAC 173-27-100.
(2) If the proposed changes are determined by the director to be within the scope
and intent of the original permit, and are consistent with the Shoreline Management Act
(RCW 90.58), the guidelines in WAC 173-26, and the Federal Way shoreline master
program, the revision shall be approved.
(3) A new permit shall be required if the proposed revision would constitute
development that is beyond the scope and intent of the original approval. "Within the
scope and intent of the original approval" means all of the following:
(a) No additional over-water construction is involved except that a pier, dock, or
floating structure may be increased by ten percent (10%) over that approved under the
original approval; provided that the revision does not exceed the maximum size
requirements of this chapter except as authorized under a variance granted for the
original development;
(b) Ground area coverage and/or height may be increased a maximum of ten
percent over that approved under the original approval; provided that, the revised
approval does not authorize development to exceed the height, impervious surface,
setback, or any other requirements of this chapter except as authorized under a
variance granted for the original development;
(c) Additional or revised landscaping is consistent with any conditions attached to
the original approval and with the Federal Way shoreline master program;
(d) The use authorized pursuant to the original approval is not changed; and
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(e) The revision will not cause adverse environmental impacts beyond those
originally authorized in the approvaL
15.05.220 Replacement, alteration, or reconstruction of nonconforming use or
development.
(1) Applications for substantial development or building permits to modify a
nonconforming use or development, as defined in this chapter, may be approved only if:
(a) The modifications will make the use or development less nonconforming; or
(b) The modifications will not make the use or development more nonconforming;
and � .
(c) Structures that were legally established and are used for a conforming use
but which are nonconforming with regafd to setbacks, buffers, or yards; area; bulk;
height, or density may ba-majntained and repaired and may be enlarged or expanded
provided that said enlar.gement"does not increase the extent of nonconformity by further
encroaching upon or extending into areas where construction or use would not be
allowed for new development or uses.
(2) An existing use or development, not conforming to existing regulations, which is
destroyed, may be replaced (per "replacement structure" as defined in this chapter) as it
existed prior to destruction, provided application for required permits is made within one
year of destruction.
(3) If a nonconforming use is discontinued for finrelve consecutive months or for
finrelve months during any two-year period, the nonconforming rights shall expire and
any subsequent use shall be conforming.
(4) An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established in accordance with local and state
subdivision requirements prior to the effective date of the act or the Federal Way
shoreline master program, but which does not conform to the present lot size standards
may be developed if permitted by other land use regulations of the FWRC and so long
as such development conforms to all other requirements of the Federal Way shoreline
master program and the act.
(5) An existing mechanical improvement, not conforming to existing regulations,
which breaks and cannot be repaired may be replaced, provided the replacement is no
more nonconforming and application for required permits is made within one year of
failure.
(Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, §
1(24.100), 2-27-90. Code 2001 § 18-175.)
15.05.230 Shoreline environment redesignation.
Shoreline environments designated by the master program may be redesignated by
the city council upon finding that such redesignation will be consistent with:
(1) The policies of Section 2 of the Shoreline Management Act of 1971.
(2) The goals, objectives, and policies of the shoreline master program.
(3) The designation criteria of the shoreline environment designation requested.
(Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-176.)
A,
15.05.240 Amendments to this chapter.
Amendments to this chapter shall be pursuant to state review and approval as per WAC
176-26-110 and WAC 176-26-120.
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Exhibit B
Chapter 15.10
CRITICAL AREAS
Article I. Generally
15.10.010 Purpose.
The purpose of this chapter is to protect the environment, human life, and property
from harm and degradation within the shoreline jurisdiction in the city of Federal Way.
This is to be achieved by precluding or limiting development in areas where
development poses serious or special hazards; by preserving and protecting the quality
of surface water; and by preserving important ecological areas such as steep slopes,
streams, and weflands. The public purposes to be achieved by this chapter include :
protection of water quality, groundwater recharge, shoreline stabilization, stream flow
maintenance, stability of slope'areas, wildlife and fisheries habitat maintenance, '��;%
protection of human life and property, and maintenance of natural stormwater storage
systems.
15.10.020 Applicable provisions.
(1) The provisions of this chapter apply throughout designated shoreline areas
under the Shoreline Master Plan and must be complied with regardless of any other
conflicting provisions of Title 14 and 19, FWRC.
(2) Any conflict befinreen the standards outlined in this chapter and Chapter 15.05
shall be resolved in favor of the standard that is most protective of the shoreline
ecological functions. In addition to the development standards outlined in this chapter,
the following minimum requirements shall apply with regard to activities and
development in critical areas located within shoreline jurisdiction:
(a) Minimum setbacks from the top of marine bluffs specified in FWRC
15.05.040(4)(b)(iii) shall be maintained in all cases unless a shoreline variance is
granted.
(b) Minimum setbacks from the OHWM established in FWRC 15.05.080,
15.05.090, and 15.05.100 shall be maintained in all cases unless a shoreline variance
is granted.
15.10.030 Jurisdiction.
This chapter applies to the subject property if it:
(1) Contains or is within 25 feet of a geologically hazardous area;
(2) Contains or is within 100 feet of a wellhead;
(3) Contains or is within 100 feet of the ordinary high water mark of a major stream;
(4) Contains or is within 50 feet of the ordinary high water mark of a minor stream;
(5) Contains or is within 200 feet of the edge of any regulated wetland, including
regulated wetlands associated with any major stream, minor stream, or regulated lake; or
(6) Is located within a critical recharge area or a wellhead protection area (one-, five-, or
10-year wellhead capture zone).
15.10.040 Other authority and jurisdiction.
Nothing in this chapter in any way limits, or may be construed to limit, the authority
of the city under any other applicable law, nor in any way decreases the responsibility of
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the applicant to compiy with ali other applicable local, state, and federal laws and
regulations.
15.10.050 Liability.
(1) Prior to issuance of any building permit or other permit by the building official, the
applicant may be required to enter into an agreement with the city, in a form acceptable
to the city attorney, releasing and indemnifying the city from and for any damage or
liability resulting from any development activity on the subject property which is related
to the physical condition of the steep slope, stream, or regulated wetland. This
agreement shall be recorded in the county, at the applicant's expense, and shall� run .
with the property. " "
(2) The city may also require the applicant to obtain insurance coverage �or.. damage
to city or private property and/or city liability related to any such development�acti�ity. <
Article II. Administration
15.10.060 Administration.
Except as otherwise established in this chapter, this chapter will be implemented
and enforced as part of the city's review of any development activity on the subject
property. If the development activity requires approval through Process I, II, III, or IV the
provisions of this chapter will be implemented as part of these processes. If the
development activity does not require approval through Process I, II, or III, the
provisions of this chapter will be implemented through site plan review under Chapter
19.60 FW RC.
15.10.070 Maps adopted.
The city hereby adopts the June 19, 1999, city of Federal Way final wetland
inventory report, to show the locations of certain regulated wetlands in the designated
shoreline areas of the Shoreline Master Plan. The city hereby adopts the Lakehaven
Utility District wellhead one-, five-, and 10-year capture zone maps, as now existing or
amended.
15.10.080 Basis for determination.
The determinations regarding whether the subject property is regulated under this
chapter, as well as the extent and nature of the regulations that will apply to the subject
property, will be determined based on environmental information and mapping
possessed by the city as well as other information and mapping provided by or through
the applicant. The city may require the applicant, at the applicant's expense, to provide
any information, mapping, studies, materials, inspections, or reviews that are
reasonably necessary to implement this chapter and to require that such information,
studies, mapping, materials, inspections, and reviews be provided or performed by a
qualified professional acceptable to the city. Other provisions of this chapter detail other
information and inspections that may be required in some instances.
15.10.090 Bonds.
The city may require a bond under Chapter 19.25 FWRC to ensure compliance with
any aspect of this chapter.
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15.10.100 Dedication.
The city may require the applicant to dedicate development rights or an open space
easement to the city to ensure protection of steep slopes, wells, streams, and regulated
wetlands and other areas within the jurisdiction of this chapter.
15.10.110 Certain activities not subject to critical area standards.
(1) The following activities are not subject to the provisions of this chapter:
(a) Emergencies that, in the opinion of the shoreline administrator, threaten the
public health, safety, and welfare, where impacts to critical areas and. their buffers are
mitigated to the extent feasible following the emergency actions; .,
(b) Normal and routine maintenance and repair of the following facilities, for
which a maintenance plan has been approved by the public works director; provided
that impacts to critical areas and their buffers are mitigated to the e�ctent�feasible:
(i) Existing drainage ditches provided, however, that this exception shall not
apply to any ditches used by salmonids other than to permit free migration of salmonids
to their spawning grounds;
(ii) Surface water facilities, provided that such activities shall not involve
conversion of any regulated wetland not currently being used for such activity;
(iii) Existing public facilities and utility structures or rights-of-way.
The maintenance plan may be designed to address individual facilities or
facility components, area-wide facilities, or city-wide systems. The maintenance plan
shall identify the nature of the potential maintenance or repair activities, specifications
for work which may occur within potential sensitive areas, specifications for restoring
and/or mitigating impacts, specifications for timing of maintenance or repair activities,
and process for contacting or notifying the city of pending maintenance or repair
activities to ensure compliance with the approved plan. The public works director may
require that an appropriate bond or security be maintained with the city to ensure
restoration of disturbed areas.
(2) Any activities not subject to the provisions of this chapter are still subject to the
requirements of Chapter 15.05 FWRC.
Article III. General Site Design Requirements
15.10.120 Responsibility of applicant.
The applicant shall locate all improvements on subject property to minimize adverse
impacts to geologically hazardous areas, wells, streams, regulated wetlands, and
critical aquifer recharge and wellhead protection areas.
15.10.130 Vehicle circulation areas.
The applicant shall locate all parking and vehicle circulation areas as far as possible
from any geologically hazardous area, wellhead, stream, and regulated wetland.
15.10.140 Time limitation.
The city may limit development activities which involve any clearing and grading
activity to specific months of the year and to a maximum number of continuous days or
hours in order to minimize adverse impacts.
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15.10.150 Other requirements.
The city may require other construction techniques, conditions, and restrictions on
development in order to minimize adverse impacts on geologically hazardous areas,
wells, critical aquifer recharge areas and wellhead protection areas, streams, or
regulated wetlands.
Article IV. Geologically Hazardous Areas Development
, .�
15.10.160 Limitations.
(1) This section regulates development activities and clearing and grading on or
within 25 feet of a geologically hazardous area. Refer to FWRC 15.05.040(b)(iii) for
additional requirements related to properties with steep slo.pes and�:bluffs.
;-(2) Development activities, clearing and grading, or the: installation and maintenance
of landscaping normally associated with residential, commercial, or park use may not
occur on or within 25 feet of a geologically hazardous area unless no reasonable
alternative exists and then only if the development activity or clearing and grading will
not lead to or create any increased slide, seismic, or erosion hazard.
(3) Before approving any development activity or clearing and grading under this
section, the city may require the applicant to submit the following information:
(a) A soils report prepared by a qualified professional engineer licensed in the
state which describes how the proposed development will impact each of the following
on the subject property and nearby properties:
(i) Slope stability, landslide hazard, and sloughing.
(ii) Seismic hazards.
(iii) Groundwater.
(iv) Seeps, springs, and other surFace waters.
(v) Existing vegetation.
(b) Recommended foundation design and optimal location for roadway
improvements.
(c) Recommended methods for mitigating identified impacts and a description of
how these mitigating measures may impact adjacent properties.
(d) Any other information the city determines is reasonably necessary to evaluate
the proposal.
(4) If the city approves any development activity or clearing and grading under this
section, it may, among other appropriate conditions, impose the following conditions of
approval:
(a) That the recommendations of the soils report be followed.
(b) That the applicant must pay for the services of a qualified professional
engineer selected and retained by the city to review the soils report and other relevant
information.
(c) That a qualified professional engineer be present on site during all clearing
and grading activities.
(d) That trees, shrubs, and groundcover be retained except where necessary for
approved development activities on the subject property.
(e) That additional vegetation be planted in disturbed areas.
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Article V. Streams
1
� �
15.10.170 Stream setbacks.
(1) No clearing and grading or improvements may take place or be located in a
stream or within the following stream setback areas except as allowed within this
chapter:
(a) The stream setback area for a major stream includes all areas within 100 feet
outward from the ordinary high water mark of a major stream.
(b) The stream setback area for a minor stre�m includes all areas within 50 feet
outward from the ordinary high water mark of a minor stream.
(2) The stream setback areas established by this: section do not apply to any
segment of a stream that is presently within a culvert, �anless that stream will be taken
out of the culvert as part of development of the subject properiy.
15.10.180 Relocation.
(1) Relocation of a stream on the subject property is permitted subject to all of the
conditions and restrictions of this section.
(2) A proposal to relocate a stream will be reviewed and decided upon using
process IV per Chapter 19.70 FWRC.
(3) As part of any request under this section, the applicant must submit a stream
relocation plan, prepared by a qualified professional approved by the city that shows the
following:
(a) The creation of a natural meander pattern.
(b) The formation of gentle side slopes, at least two feet horizontally to one foot
vertically, and the installation of erosion control features for stream side slopes.
(c) The creation of a narrow subchannel, where feasible, against the south or
west bank.
(d) The utilization of natural materials, wherever possible.
(e) The use of vegetation normally associated with streams, including primarily
native riparian vegetation.
(f) The creation of spawning and nesting areas, wherever appropriate.
(g) The re-establishment of the fish population, wherever feasible.
(h) The restoration of water flow characteristics compatible with fish habitat
areas, wherever feasible.
(i) The filling and revegetation of the prior channel.
(j) A proposed phasing plan specifying time of year for all project phases.
(4) The city will allow a stream to be relocated only if water quality, habitat, and
stormwater retention capability of the streams will be significantly improved by the
relocation. Convenience to the applicant in order to facilitate general site design may
not be considered.
(5) Prior to diverting water into the new channel, a qualified professional approved
by the city shall inspect the new channel following its completion and issue a written
report to the shoreline administrator stating that the channel complies with the
requirements of this section.
(6) The amount of flow and velocity of the stream may not be increased or
decreased as the stream enters or leaves the subject property.
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15.10.190 Culverts.
(1) Culverts are permitted in streams within the shoreline jurisdiction of the City only
if approved under this section.
(2) The city will review and decide upon applications under this chapter using
process I11 per Chapter 19.65 FWRC.
(3) The city will allow a stream to be put in a culvert only if:
(a) No significant habitat area will be destroyed; and
(b) No other feasible site design alternative exists, which allows the stream to
remain in an open condition. Convenience to the applicant in order to facilitate general
site design will not be considered.
(4) The culvert must be designed and installed to allow passage of fish inhabiting or
using the stream. The culvert must be large enough to accommodate a 100-year storm.
(5) The applicant shall, at all times, keep all culverts on the subject property free of
debris and sediment so as to allow free passage of water and, if applicable, fish. The
city shall require a bond under Chapter 19.25 FWRC to ensure maintenance of the
culvert approved under this section.
15.10.200 Removal of streams from culverts.
If development of the subject property requires approval through Process I, 11, or III
of Title 19 FWRC, the city may require the stream to be taken out of the culvert and
restored to a natural channel configuration as part of the city's approval of development
of the subject property.
15.10.210 Rehabilitation.
The shoreline administrator may permit or require the applicant to rehabilitate or
maintain a stream by requiring the removal of detrimental materials such as debris,
sediment, and invasive, non-native vegetation. Approval of stream rehabilitation shall
be based on a review of a plan containing, at a minimum, an analysis of existing
conditions, identification of the source, if possible, of the degradation of the stream or
riparian zone, proposed corrective actions, including instaltation of native species within
the riparian corridor, performance standards, monitoring schedule, planting plans,
erosion and sedimentation control plans, and grading plans as necessary. The
shoreline administrator shall require an applicant to retain the services of a qualified
professional in preparing the restoration plan. These actions may be permitted or
required at any time that a condition detrimental to water quality, stability of stream
banks, degradation of existing naturally vegetated buffers, or in stream habitat exists.
Intrusions into regulated steep slopes and associated setbacks will be allowed for
purposes of approved stream rehabilitation projects.
15.10.220 Intrusion into stream setbacks.
(1) Essential public facilities, public utilities, and other public improvements. The
shoreline administrator may permit the placement of an essential public facility, public
utility, or other public improvements in a setback from a stream if he or she determines
that the line or improvement must traverse the setback area because no feasible
alternative location exists based on an analysis of technology and system efficiency.
The specific location and extent of the intrusion into the setback area must constitute
the minimum necessary encroachment to meet the requirements of the public facility or
utility. "Public utility and other public improvements" shall not include improvements
whose primary purpose is to benefit a private development, including without limitation
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interior roads or privately owned detention facitities installed within or during the
construction of a residential subdivision, binding site plan, or other commercial
development.
(2) Minor improvements. Minor improvements such as footbridges crossing the
stream, walkways, and benches may be located within the setback area if approved
through Process III per Chapter 19.65 FWRC, based on the following criteria:
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of wildlife habitat within the
stream or setback area;
(c) It will not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards;
(e) It will not be materially detrirnental to any other property nor to the city as a
whole; and ; ,: ��
(f) It is necessary to correct any, one of the adverse conditions specified in .. .
subsections (2)(a) through (2)(e) of this subsection.
(3) Other intrusions. Other than as specified in subsections (1) and (2) of this
section, the city may approve any request to locate an improvement or engage in
clearing and grading activities within stream setback areas only through process IV per
Chapter 19.70 FW RC, based on the following criteria:
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of wildlife habitat within the
stream or setback area;
(c) It will not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards;
(e) It will not be materially detrimental to any other property in the area of the
subject property nor to the city as a whole, including the loss of significant open space;
and
(� It is necessary for reasonable development of the subject property not
otherwise prohibited by the Shoreline Master Program.
15.10.230 Additional requirements for clearing and grading.
If any clearing and grading is permitted within the stream or stream setback area,
the applicant shall comply with the following additional requirements:
(1) All fill material used must be nondissolving and nondecomposing. The fill
material must not contain organic or inorganic material that would be detrimental to
water quality or the existing habitat.
(2) The applicant may deposit dredge spoils on the subject property only if part of an
approved development on the subject property.
(3) The applicant shall stabilize all areas left exposed after clearing and grading with
native vegetation normally associated with the stream or setback area.
Article VI. Regulated Wetlands
15.10.240 Determination of wetland and regulated wetland.
(1) Generally. The March 1997 Washington State Wetlands Identification and
Delineation Manual (Department of Ecology Publication No. 96 as set forth in WAC
173-22-080, as it exists as of November 1, 1999, or as subsequently amended, will be
used for identification and delineation of wetlands within the city. Although a site-
specific wetland may not meet the criteria described above, it will be considered a
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regulated wetland if it is functionally related to another wetland that meets the criteria.
Where vegetation has been removed, a wetland may be determined by the presence of
hydric soils, as well as other documentation of the previous existence of wetland
vegetation such as aerial photographs.
(2) Evaluation. If the city determines that a wetland may exist on or within 200 feet
of the subject property, the shoreline administrator shall require the applicant to submit
a wetland report, prepared by a qualified professional approved by the city, that
includes the information set forth in subsections (2)(a) through (2)(g) and (3) of this
section. The shoreline administrator shall use the information required by subsections
(2)(a) and (2)(b) to determin� if the area is a regulated wetland and, if so, shall use the
information required by subsections (2)(c) through (2)(g) and (3) to determine the
category and the precise boundaries. of tha# regulated wetland.
(a) An evaluation of whether the area in question is a regulated wetland based
upon the definition of wetland and the size thresholds, outlined in FWRC 15,10.250. -
(b) An overview of the methodology used to conduct the study.
(c) A description of the wetland and plant communities found therein, a map
delineating the edge of the wetland and location of plant communities, and a detailed
description of the method used to identify the wetland edge.
(d) The wetland classification, according to the U.S. Fish and Wildlife Service
"Classification of Wetlands and Deep Water Habitats in the U.S."
(e) A list of observed plant and wildlife species, using both scientific and common
names, and a description of their relative abundance.
(f) A list of potential plant or animal species based on signs or other observation.
(g) An evaluation and assessment of the existing or potential functions and
values of the wetland based on the following factors: surface water control; wildlife
habitat; pollution and erosion control; groundwater exchange; open space and
recreation; and educational and cultural opportunities.
(3) Drainage facilities. Surface water ponds, drainage ditches, and other such
facilities which were designed to impound or convey water for an engineered purpose
are not considered regulated wetlands under this chapter provided they meet all of the
following criteria:
(a) The drainage facility must have been intentionally human created. This is to
differentiate from those wetland sites that are accidental consequences of development
actions, such as road construction or culvert placement. Such sites may be considered
regulated wetlands by the director upon a review, under subsection (2)(g) of this
section, of the ecological functions and values of the site.
(b) The drainage facility must have been originally constructed on uplands
(nonwetland areas). If the drainage facility is located within a straightened, channelized,
or otherwise disturbed natural watercourse, it may be considered a regulated wetland
by the director upon a review, under subsection (2)(g) of this section, of the ecological
functions and values of the site.
(c) The facility must be actively operated as a surface water drainage facility.
Abandoned drainage facilities may be considered regulated wetlands by the director
upon a review, under subsection (2)(g) of this section, of the ecological functions and
values of the site.
(d) Wetland conditions have not expanded beyond the originally constructed
drainage facility boundary. In such a case, the expanded area may be considered a
regulated wetland by the director upon review, under subsection (2)(g) of this section, of
the ecological functions and values of the site.
, ��: �
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(e) The drainage facility was not designed or constructed as a requirement to
mitigate previous wetland impacts.
(f) The director finds that limited ecological functions and values do not warrant
application of the city's wetland regulations.
15.10.250 Wetland categories and standard buffers.
(1) Wetlands are classified into the following categories:
(a) Cafegory / wetlands meet one of the following criteria:
(i) Contain the presence of species or documented habitat recognized by
state or federal agencies as endangered, threatened, or potentially extirpated plant, ...
fish, or animal species; or "
(ii) Contain the presence of plant associations of infrequent occurrence, .
irreplaceable ecological ��unctions, or exceptional local significance including but not �:
limited to estuarine syst�ms, pea# bogs and fens, mature forested wetlands, �
groundwater exchange areas, significant habitat, or unique educational sites; or �
(iii) Have three or more wetland classes, one of which is open water.
(b) Category 11 wetlands are greater than 2,500 square feet in area, do not
exhibit the characteristics of Category I wetlands, and meet one of the following criteria:
(i) Are contiguous with water bodies or tributaries to water bodies which under
normal circumstances contain or support a fish population, including streams where
flow is intermittent; or
(ii) Are greater than one acre in size in its entirety; or
(iii) Are less than or equal to one acre in size in its entirety and have two or
more wetland classes, with neither class dominated by non-native invasive species.
(c) Cafegory lll wetlands are greater than 2,500 square feet in area and do not
exhibit those characteristics of Category I or II wetlands.
(2) Standard buffer widths for regulated wetlands are established as follows:
(a) Category I wetlands shall have a standard buffer width of 200 feet.
(b) Category I I wetlands shall have a standard buffer width of 100 feet.
(c) Category I I I wetlands shall have a standard buffer width of 50 feet for
wetlands that are greater than 10,000 square feet in area, and shall have a standard
buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in
area.
15.10.260 Structures, improvements, and clearing and grading within regulated
wetlands.
(1) Generally. No clearing and grading may take place and no structure or
improvement may be located in a regulated wetland except as provided in this section.
(2) Public park. The city may allow pedestrian access through a regulated wetland in
conjunction with a public park. The access, if approved, must be designed to the
maximum extent feasible to protect the wetland from any adverse effects or impacts of
the access and to limit the access to the defined access area.
(3) Rehabilitation. The shoreline administrator may permit or require an applicant to
rehabilitate and maintain a regulated wetland by removing detrimental material such as
debris and inappropriate vegetation and by requiring that native vegetation be planted.
These actions may be required at any time that a condition detrimental to water quality
or habitat exists.
(4) Modification. Other than as specified in subsections (2) and (3) of this section,
the city may approve any request to locate an improvement or engage in clearing and
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grading within a regulated wetland using Process IV per Chapter 19.70 FWRC. The
specific location and extent of the intrusion into the regulated wetland must constitute
the minimum necessary encroachment. Approval of a request for improvements or
clearing and grading within a regulated wetland through Process IV of FWRC Chapter
19 shall be based on the following criteria:
(a) It will not adversely affect water quality.
(b) It will not adversely affect the existing quality of the wetland's or buffer's
wildlife habitat.
(c) It will not adversely affect drainage or stormwater retention capabilities.
(d) tt will not lead to unstable earth conditions nor create erosion hazards.
(e) It will not be materially detrimental to any other property in the area�of the
subject property nor to the city as a whole, including the loss of open space. . �
(f) It will result in no net loss of wetland area, function, or value. . ..
. (g) The project is in the best interest of the public health, safety, or we�fare. ..
(h) The applicant has demonstrated sufficient scientific expertise and �
supervisory capability to carry out the project.
(i) The applicant is committed to monitoring the project and to making
corrections if the project fails to meet projected goals.
(5) Required information. As part of any request under this section, the applicant
shall submit a report, prepared by a qualified professional approved by the city that
includes the following information:
(a) Mitigation plan. A mitigation plan shall include the following elements:
(i) Environmental goals and objectives.
(ii) Performance standards.
(iii) Detailed construction plans.
(iv) Timing.
(v) Monitoring program for a minimum of five years.
(vi) Contingency plan.
(vii) Subject to the applicant's election of timing alternatives provided in
subsection (5)(d) of this section, a performance and maintenance bond in an amount of
120 percent of the costs of implementing the mitigation plan or the contingency plan,
whichever is greater.
(b) Mitigation. Mitigation of wetland impacts shall be restricted to restoration,
creation, or enhancement, within the same basin, of in-kind wetland type which results
in no net loss of wetland area, function or value. Where feasible, mitigation measures
shall be designed to improve the functions and values of the impacted wetland.
(c) Minimum acreage mitigation ratio. The following are ratios for providing
restoration, creation, or enhancement of impacted wetland areas. The first number of
the ratio specifies the acreage of wetland requiring restoration, creation, or replacement
and the second specifies the acreage of wetlands impacted.
Wetland Creation Enhancemen
g ry and
Cate o Restoration t
Category I 6:1 12:1
(all types)
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Category II:
Forested 3:1 6:1
ScrublShrub 2:1 4:1
Emergent 2:1 4:1
Category I I L•
Forested 2:1 4:1
Scrub/Shrub 1.5:1 3:1
Emergent 1.25:1 2.5:1
Th�e director may permit or require the above replacement ratios to be
increased or decreased based on the following criteria: -
.:. .
° � (1) Probable success of the proposed mitigation. ' '
`(II) Projected losses in function or value.
(III) Findings of special studies coordinated with agencies with expertise
which demonstrate that no net loss of wetland function or value is attained under an
alternative ratio.
(IV) In no case shall the minimum acreage replacement ratio be less than
1.25:1.
(d) Timing. All required wetland mitigation improvements, including
monitoring, shall be completed and accepted by the shoreline administrator prior to
beginning activities that will disturb regulated wetlands, or the applicant shall provide
the performance and maintenance bond specified in subsection (5)(a)(vii) of this
section. In either event, the applicant may not take any action that disturbs a regulated
wetland or its buffer until the director has reviewed and approved the mitigation plan. All
wetland- or buffer-disturbing activities, and all mitigation, shall be timed to reduce
impacts to existing plants and animals.
(e) Inspections. The applicant shall pay for services of a qualified professional
selected and retained by the city to review the wetland mitigation report and other
relevant information, conduct periodic inspections, issue a written report to the shoreline
administrator stating that the project complies with requirements of the mitigation plan,
and to conduct and report to the director on the status of the monitoring program.
15.10.270 Structures, improvements, and clearing and grading within regulated
wetland buffers.
(1) Generally. Except as allowed in this section, no clearing and grading may take
place and no structure or improvement may be located within a regulated wetland
buffer.
(2) Wetland buffer averaging. Wetland buffers may be averaged only when the
wetland or the buffer which is proposed to be reduced contains habitat types which
have been so permanently impacted that reduced buffers do not pose a detriment to
the existing or expected habitat functions. Through Process III per Chapter 19.65
FWRC, the applicant must demonstrate to the satisfaction of the shoreline administrator
that the proposed buffer averaging will meet all of the following criteria:
(a) Reduced buffers will not affect the water quality entering a wetland or stream;
(b) Reduced buffers will not adversely affect the existing quality of wildlife habitat
within the wetland or the buffer;
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(c) Reduced buffers will not result in unstable earth conditions nor create erosion
hazards; and
(d) Reduced buffers will not be detrimental to any other public or private
properties, including the loss of open space.
At no point shall the buffer width be reduced to less than 50 percent of the
required standard buffer width, unless the buffer, in existing conditions, has already
been permanently eliminated by previous, legally permitted actions. The total area
contained within the buffer after averaging shall be equal to the area required for
standard buffer dimensions.
, (3) Essentia/ public facilities, public utilities, and ofher public improvements. The
shoreline administrator may permit the placement of an essential public facility, public
utility, or other public improvements in a regulated wetland buffer if he or she
determines that the line or improvement must traverse the buffer because no feasible or
alternative location exists based on an analysis of technology and system.efficiency.
The specific location and extent of the intrusion into the buffer must constitute the
minimum necessary encroachment to meet the requirements of the public facility or
utility.
(4) Minor improvements. Minor improvements such as footbridges, walkways, and
benches may be located within the buffer from a regulated wetland if approved through
Process III per Chapter 19.65 FWRC, based on the following criteria: .
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of the wetland's or buffer's
wildlife habitat;
(c) It will not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards; and
(e) It will not be materially detrimental to any other property in the area of the
subject property nor to the city as a whole.
(5) Wetland buffer reduction. Through Process III per Chapter 19.65 FWRC, the
shoreline administrator may reduce the standard wetland buffer width by up to 50
percent, but in no case to less than 25 feet, on a case-by-case basis, if the project
includes a buffer enhancement plan which utilizes appropriate native vegetation and
clearly substantiates that an enhanced buffer will improve and provide additional
protection of wetland functions and values, and where one of the following conditions
can be demonstrated:
(a) Existing conditions are such that the required standard buffer exists in a
permanently altered state (e.g., roadways, paved parking lots, permanent structures,
etc.) which does not provide any buffer function, then the buffer can be reduced for that
portion where the intrusions are existing.
(b) Except for Category I wetlands, existing conditions are such that the wetland
has been permanently impacted by adjacent development activities, as evidenced by
such things as persistent human alterations or the dominance of non-native invasive
species.
The director shall have the authority to determine if buffer averaging is warranted on
the subject property and, if so, may require additional buffer area on other portions of
the perimeter of the sensitive area.
(6) Modification. Other than as specified in subsections (2) and (3) of this section,
the city may approve any request to locate an improvement or eng�ge in clearing and
grading within the buffer from a regulated wetland through Process IV per Chapter
19.70 FWRC, based on the following criteria:
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r
�. _ .
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of the wetland's or buffer's
wildlife habitat;
(c) It will not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards; and
(e) It will not be materially detrimental to any other property in the area of the
subject property nor to the city as a whole, including the loss of open space.
Any modification under this subsection shall not reduce the standard buffer by more
than 50 percent, and in no case shall the remaining buffer be less than 25 feet. The city
may require, as a condition to any modification granted under this subsection,
preparation and implementation of a wetland buffer enhancement plan to protect
;: wetland and buffer functions and values. :
. (7) Revegetation. The applicant shall stabilize all areas left exposed after clearing
:,�and grading with native vegetation normally associated with the buff�r. -
(8) Wetland buffer increases. The director shall require increased environmentally
sensitive area buffer widths on a case-by-case basis when the director determines that
a larger buffer is necessary to protect environmentally sensitive area functions, values,
or hazards based on site-specific conditions. This determination shall be supported by
appropriate documentation showing that additional buffer width is reasonably related to
protection of environmentally sensitive area functions and values, or protection of public
health, safety, and welfare. Such determination shall be attached as permit conditions.
The determination shall demonstrate that at least one of the following factors is met:
(a) There is habitat for species listed as threatened or endangered by state or
federal agencies present within the sensitive area and/or its buffer, and additional buffer
is necessary to maintain viable functional habitat;
(b) There are conditions or features adjacent to the buffer, such as steep slopes
or erosion hazard areas, which over time may pose an additional threat to the viability
of the buffer and/or the sensitive area. In such circumstances, the city may choose to
impose those buffers, if any, associated with the condition or feature posing the threat
in addition to, or to a maximum, beyond the buffer required for the subject sensitive
area.
Article VI1. Critical Aquifer Recharge Areas and Wellhead Protection Areas
15.10 280 Limitations.
This division regulates any development activity, or division of land which requires
review under Title 14 FWRC, Environmental Policy, and which is located within
designated wellhead capture zones. Wellhead Capture Zones 1, 2, and 3 are
designated as critical aquifer recharge areas under the provisions of the Growth
Management Act (Chapter 36.70A RCW) and are established based on proximity to
and travel time of groundwater to the city's public water source wells. This division shall
not apply to projects that have received a letter of completeness prior to the effective
date of the amendments.
15.10.290 Classification of wellhead capture zones.
The Lakehaven Utility District (LUD) has designated three wellhead capture zones
based on proximity to and travel time of groundwater to the city's public water source
wells.
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(1) Wellhead Capture Zone 1 represents the land area overlaying the one-year time-
of-travel zone of any public water source well owned by LUD.
(2) Wellhead Capture Zone 2 represents the land area overlaying the five-year time-
of-travel zone of any public water source well owned by LUD, excluding the land area
contained in Wellhead Capture Zone 1.
(3) Wellhead Capture Zone 3 represents the land area overlaying the 10-year time-
of-travel zone of any public water source well owned by LUD, excluding the land area
contained in Wellhead Capture Zones 1 or 2.
15.10.300 General requirements.
(1) Activities may only be permitted in a critical aquifer recharge area and wellhead
protection area if the applicant can show that the proposed activity will not cause
contaminants to enter the aquifer.
(2} The city shall impose development condition� to prevent degradation of the
critical aquifer recharge and welthead protection areas. All conditions to permits shall be
based on known, available, and reasonable methods of prevention, control, and
treatment (AKART).
(3) The proposed activity must comply with the water source protection requirements
and recommendations of the Federal Environmental Protection Agency, State
Department of Ecology, State Department of Health, and the King County health
department.
(4) The proposed activity must be designed and constructed in accordance with the
King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to
the KCSWDM, and the King County Stormwater Pollution Control Manual (BMP
manual).
15.10.310 Prohibited activities in Wellhead Capture Zone 1.
(1) Land uses or activities for development that pose a significant hazard to the
city's groundwater resources resulting from storing, handling, treating, using, producing,
recycling, or disposing of hazardous materials or other deleterious substances shall be
prohibited in Wellhead Capture Zone 1, except as specified in FWRC 19.30.170. These
land uses and activities include, but are not limited to:
(a) On-site community sewage disposal systems as defined in Chapter 248-272
WAC;
(b) Hazardous liquid pipelines as defined in Chapter 81.88 RCW;
(c) Solid waste landfills; .
(d) Solid waste transfer stations;
(e) Liquid petroleum refining, reprocessing, and storage;
(f) The storage or distribution of gasoline treated with the additive MTBE;
(g) Hazardous waste treatment, storage, and disposal facilities (except those
defined under permit by rule for industrial wastewater treatment processes per WAC
173-303-802(5)(c));
(h) Chemical manufacturing, including but not limited to organic and inorganic
chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and
lacquers, and agricultural chemicals;
(i) Dry cleaning establishments using the solvent perchloroethylene;
Q) Primary and secondary metal industries that manufacture, produce, smelt, or
refine ferrous and nonferrous metals from molten materials;
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(k) Wood treatment facilities, including wood preserving and wood products
preserving;
(I) Mobile fleet fueling operations;
(m) Mining (metal, sand, and gravel); and
(n) Other land uses and activities that the city determines would pose a
significant groundwater hazard to the city's groundwater supply.
(2) The uses listed in subsection 1 of this section represent the state of present
knowledge and most common description of said uses. As other polluting uses are
discovered, or other terms of description become necessary, they will be added to the
list of uses prohibited within this zone.
15.10.320 Regulation of facilities handling and storing hazardous materials.
(1) Any development activity or division of land which requires review under Title 14
FWRC, Environmental Policy, located in critical aquifer recharge areas (Wellhead
Capture Zones 1, 2, and 3) shall submit a hazardous materials inventory statement with
a development permit application. Ongoing operation and maintenance activities of
public wells by public water providers are exempt from these requirements.
(2) The development review committee will review the hazardous materials inventory
statement along with the land use application, to determine whether hazardous
materials meeting the definition of Chapter 19.05 FWRC will be used, stored,
transported, or disposed of in connection with the proposed activity. The development
review committee shall make the following determination:
(a) No hazardous materials are involved.
(b) Hazardous materials are involved; however, existing laws or regulations
adequately mitigate any potential impact, and documentation is provided to
demonstrate compliance.
(c) Hazardous materials are involved and the proposal has the potential to
significantly impact critical aquifer recharge areas and wellhead capture zones;
however, sufficient information is not available to evaluate the potential impact of
contamination. The city may require a hydrogeologic critical area assessment report to
be prepared by a qualified groundwater scientist in order to determine the potential
impacts of contamination on the aquifer. The report shall include the following site- and
proposal-related information, at a minimum:
(i} Information regarding geologic and hydrogeologic characteristics of the
site, including the surFace location of the wellhead capture zone in which it is located
and the type of infiltration of the site.
(ii) Groundwater depth, flow direction, and gradient.
(iii) Location of other critical areas, including surface waters, within 200 feet of
the site.
(iv) Best management practices (BMPs) and integrated pest management
(IPM) proposed to be used, including:
(A) Predictive evaluation of groundwater withdrawal effects on nearby
wells and surface water features;
(B) Predictive evaluation of contaminant transport based on potential
releases to groundwater; and
(C) Predictive evaluation of changes in the infiltration/recharge rate.
(3) A spill containment and response plan may be required to identify equipment
and/or structures that could fail, and shall include provisions for inspection as required
by the applicable state regulations.
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(4) A groundwater monitoring plan may be required to monitor quality and quantity of
groundwater, surface water runoff, and/or site soils. The city may require the owner of a
facility to install one or more groundwater monitoring wells to accommodate the
required groundwater monitoring. Criteria used to determine the need for site
monitoring shall include, but not be limited to, the proximity of the facility to production
or monitoring well.s, the type and quantity of hazardous materials on site, and whether
or not the hazardous materials are stored in underground vessels.
(5) The city may employ an outside consultant at the applicant's expense for third-
party review of the hydrogeologic critical area assessment report, the spill containment
and response plan, and the groundwater monitoring plan.
15.10.330 PerFormance star�dacds. u� x'-
(1) Any new or existing use applying for a development permit, or subdivision �_: -: ,.
approval which requires review under Title:14 FWRC, Environmental Policy, within •.
Wellhead Capture Zone 1, which involves storing, handling, treating, using, producing,
recycling, or disposing of hazardous materials or other deleterious substances meeting
the definition of Chapter 19.05 FWRC shall comply with the following standards:
(a) Secondary containment.
(i) The owner or operator of any facility or activity shall provide secondary
containment for hazardous materials or other deleterious substances in quantities
specified in the International Fire Code.
(ii) Hazardous materials stored in tanks that are subject to regulation by the
Washington State Department of Ecology under Chapter 173-360 WAC (Underground
Storage Tank Regulations) are exempt from the secondary containment requirements
of this section; provided, that documentation is provided to demonstrate compliance
with those regulations.
(b) Design and construction of new stormwater infiltration systems must address
site-specific risks of releases posed by all hazardous materials on site. These risks may
be mitigated by physical design means, or equivalent best management practices, in
accordance with an approved hazardous materials management plan. Design and
construction of said stormwater infiltration systems shall also be in accordance with the
KCSWDM, as amended by the city of Federal Way, and shall be certified for
compliance with the requirements of this section by a professional engineer or
engineering geologist registered in the state of Washington.
(c) The following standards shall apply to construction activities occurring where
construction vehicles will be refueled on site, and/or hazardous materials meeting the
definition of Chapter 19.05 FWRC will be stored, dispensed, used, or handled on the
construction site. As part of the city's project permitting process, the city may require
any or all of the following items:
(i) Detailed monitoring and construction standards;
(ii) Designation of a person on site during operating hours who is responsible
for supervising the use, storage, and handling of hazardous materials, and who has
appropriate knowledge and training to take mitigating actions necessary in the event of
a fire or spill;
(iii) Hazardous material storage, dispensing, refueling areas, and use and
handling areas shall be provided with secondary containment adequate to contain the
maximum release from the largest volume container of hazardous materials stored at
the construction site;
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(iv) Practices and procedures to ensure that hazardous materials left on site
when the site is unsupervised are inaccessible to the public. Locked storage sheds,
locked fencing, locked fuel tanks on construction vehicles, or other techniques may be
used to preclude access;
(v) Practices and procedures to ensure that construction vehicles and
stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other
hazardous materials witl be removed immediately, or repaired on-site immediately. The
vehicle or equipment may be repaired in place, provided the leakage is completely
contained;
(vi) Practices and procedures to ensure that storage and dispensing of .
flammable and combustible liquids from tanks, containers, and tank trucks into the fuel
and fluid reservoirs of construction vehicles or stationary equipment on the construction: :
site are in accordance with the International Fire Code; and
{vii) Practices and p�ocedures, and/or on-site materials adequate to ensure .. ::. �l
the immediate containment and cleanup of any release of hazardous substances stored
at the construction site. On-site cleanup materials may suffice for smaller spills,
whereas cleanup of larger spills may require a subcontract with a qualified cleanup
contractor. Releases shall immediately be contained, cleaned up, and reported
according to state requirements.
(2) Any development activity, or division of land which requires review under Title 14
FWRC, Environmental Policy, within all wellhead capture zones (1, 2, and 3), which
involve storing, handling, treating, using, producing, recycling, or disposing of
hazardous materials, or other deleterious substances, meeting the definition of Chapter
19.05 FWRC shall comply with the following standards:
(a) Fleet and automotive service station fueling, equipment maintenance, and
vehicle washing areas shall have a containment system for collecting and treating all
runoff from such areas and preventing release of fuels, oils, lubricants, and other
automotive fluids into the soil, surFace water, or groundwater. Appropriate emergency
response equipment shall be kept on site during the transfer, handling, treatment, use,
production, recycling, or disposal of hazardous materials or other deleterious
substances.
(b) Secondary containment or equivalent best management practices, as
approved by the director of community development services, shall be required at
loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose
of hazardous materials, or other deleterious substances, meeting the definition of
Chapter 19.05 FWRC.
(c) Fill material shall not contain concentration of contaminants that exceed
cleanup standards for soil as specified in the Model Toxics Control Act (MTCA). An
imported fill source statement is required for all projects where more than 100 cubic
yards.of fill will be imported to a site. The city may require analytical results to
demonstrate that fill materials do not exceed cleanup standards. The imported fill
source statement shall include:
i. Source location of imported fil1;
ii. Previous land uses of the source location; and
iii. Whether or not fill to be imported is native soil.
(d) All development or redevelopment shall implement best management
practices (BMPs) for water quality and quantity, as approved by the director of
community development services. Such practices include biofiltration swales and use of
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oil-water separators, BMPs appropriate to the particular use proposed, cluster
development, and limited impervious surfaces.
15.10.340 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas
and wellhead protection areas.
Proposed developments with maintained landscaped areas greater than 10,000
square feet in area which require review under Title 14 FWRC, Environmental Policy,
shall prepare an operations and management manual using best management
practices (BMPs) and integrated pest management (IPM) for fertilizer and
pesticide/herbicide applications. The BMPs shall include recommendations on the
quantity, timing, and type of fertilizers applied to lawns and gardens to protect
groundwater quality. '
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Chapter 15.15
FLOOD DAMAGE PREVENTION
Article i. Generally
15.15.010 Purpose.
It is the purpose of this chapter to promote the public health, safety, and general
welfare and minimize public and private losses due to flood conditions in specific areas
by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projeGts;
(3) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public; �.
(4) To minimize prolonged business interruptions,
(5) To minimize damage to public facilities and utilities such as water and� gas
mains; electric, telephone, and sewer lines; streets; and bridges located in areas'of
special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight
areas;
(7) To ensure that potential buyers are notified that property is in an area of special
flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
15.15.020 Adoption of state and federal statutes and regulations.
The following state statutes and administrative regulations, as currently existing and
hereafter amended, are hereby adopted by this reference as if set forth in full:
(1) Chapter 86.16 RCW, Floodplain Management.
(2) 44 CFR 59.22(a)
(3) 44 CFR 60.3(c)(1)(d)(2)
(4) 44 CFR 60.3(b)(1)
(5) 44 CFR 59.22(b)(1)
(6) 44 CFR 60.3(a)(2)
15.15.030 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions
for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase
flood damage; and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert
floodwaters or may increase flood hazards in other areas.
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15.15.040 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this chapter, except where the context clearly indicates a
different meaning. Unless specifically defined below, terms or phrases used in this
chapter shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application.
Appeal means a request for a review of the interpretation of any provision of this
chapter or a request for a flood variance.
Area of shallow flooding means designated as AO or AH zone on the flood
ins�rance rate map (FIRM). AO zones have base flood depths that�ra�nge from one to
three feet above the natural ground; a clearly defined channel does not exist; the path
; nf flooding is unpredictable and indeterminate; and velocity flow may be eWident. AO is
characterized as sheet flow; AH indicates ponding, and is shown wi#M standard base
, flo.ad elevations. , �
Area of special flood hazard means the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year. Designation on
maps always includes the letters A or V.
Base flood means the flood having a one percent chance of being equaled or
exceeded in any given year (also referred to as the "100-year flood"). Designated on
flood insurance rate maps by the letters A or V.
Basement means any area of the building having its floor sub-grade (below ground
level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral
loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
Coastal high hazard area means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other
area subject to high velocity wave action from storms or seismic sources. The area is
designated on the FIRM as zone V1-30, VE, or V.
Critical facility means a facility for which even a slight chance of flooding might be
too great. Critical facilities include (but are not limited to) schools, nursing homes,
hospitals, police, fire and emergency response installations, and installations which
produce, use, or store hazardous materials or hazardous waste.
Development means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials
located within the area of special flood hazard.
Director means the director of the city of Federal Way community development
department or his or her designee.
Elevated building means, for insurance purposes, a nonbasement building that has
its lowest elevated floor raised above ground level by foundation walls, shear walls,
post, piers, pilings, or columns.
Elevation certificate means the official form (FEMA Form 81-31) used to track
development, provide elevation information necessary to ensure compliance with
community floodplain management ordinances, and determine the proper insurance
premium rate with Section B completed by Federal Way.
Existing manufactured home park or subdivision means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
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Exhibit B
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the adopted floodplain
management regulations.
Expansion to an existing manufactured home park or subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete
,inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
;(2) The unusual and rapid accumulation of runoff of surFace waters from any source.
Flood insurance rafe map (FIRM) means the official map on whieh the Federal
: Insurance Administration has delineated both the areas of spECial flood hazards and
the risk premium zones applicable to the community.
Flood insurance study (FIS) means the official report provided by the Federal
Insurance Administration that includes flood profiles, the flood boundary-floodway map,
and the water surface elevation of the base flood.
Flood variance means a grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited by this chapter.
Floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
Lowest floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access, or storage in an area other than a basement area, is not
considered a building's lowest floor; provided, that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
this chapter found at FWRC 15.15.140, provided there are adequate flood ventilation
openings.
Manufactured home means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle."
Manufacfured home park or subdivision means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
New construction means structures for which the "start of construction" commenced
on or after the effective date of the ordinance codified in this chapter.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of adopted floodplain
management regulations.
Recreational vehicle means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
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(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Start of construcfion includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary #orms; nor does it include the
installation on the property of accessory buildings; such as garages or sheds not
occupied as dwelling units or not part of :the main structure. For a substantial
improvement, the "actual start" of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
Structure means a walled and roofed building, including a gas or liquid storage tank
that is principally above ground.
Substantial damage means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the
structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvemenY' is considered to
occur when the first alteration of any wall, ceiting, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimensions of
the structure.
The term can exclude:
(3) Any project for improvement of a structure to correct pre-cited existing violations
of state or local health, sanitary, or safety code specifications which have been
previously identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
(4) Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
Water dependent means a structure for commerce or industry that cannot exist in
any other location and is dependent on the water by reason of the intrinsic nature of its
operations.
Article II. Provisions
15.15.050 General provisions.
(1) Application of chapter. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of Federal Way. The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report
entitled "The Flood Insurance Study for Federal Way" dated May 16, 1995, and any
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revisions thereto, with an accompanying flood insurance rate map (FIRM), and any
revisions thereto, are hereby adopted by reference and declared to be a part of this
chapter. The flood insurance study and the FIRM are on file at Federal Way City Hall.
The best available information for flood hazard area identification as outlined in FWRC
15.15.070 shall be the basis for regulation until a new FIRM is issued that incorporates
data utilized under FWRC 15.15.070.
(2) Penalties for noncompliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with the terms of this
chapter and other applicable regulations. .
(3) Summary abatement. Whenever an�C.violation of this chapter causes or creates a
condition, the continued existence of which constitutes or contributes to an immediate
and emergent threat to the public health,ssafetyorwelfare or to the environment, the
director may summarily and without prior notice abate the condition. Notice of such
abatement, including the reason for it, shall �e given to the person responsible for the
violation as soon as reasonably possible after 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.
(4) Abrogation and greater restrictions. This chapter is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this chapter and another ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(5) Interpretafion. In the interpretation and application of this chapter, all provisions
shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state
statutes.
(6) Warning and disclaimer of liability. The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. This chapter does not imply
that land outside the areas of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not create liability on the
part of Federal Way, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
15.15.060 Permits.
(1) Development permit required. A development permit shall be obtained before
construction or development begins within any area of special flood hazard established
in FWRC 15.15.050(1). The permit shall be for all structures including manufactured
homes, as set forth in FWRC 15.15.040, and for all development including fill and other
activities, also as set forth in FW RC 15.15.040.
(2) Application for development permit. Application for a development permit shall
be made and will include, but not be limited to, plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in question,
existing or proposed structures, fill, storage of materials, drainage facilities, and the
tocation of the foregoing. Specifically, the following information is required:
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(a) Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures recorded on a current elevation certificate (FEMA Form 81-
31) with Section B completed by the city of Federal Way building official;
(b) Etevation in relation to mean sea level to which any structure has been
floodproofed;
(c) Certification by a registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet floodproofing criteria in
FW RC 15.15.140(2);
(d) Description of the extent to which a watercourse will be altered or relocated
as a result of proposed development. �Y
(3) Designation of the administrator. The director or designee is hereby appointed to
administer and implement this chapter by granting or denying development permit .y .,.
applications in accordance with� its provisions. The director shalL• ,.
(a) Review all development applications to determine that the requirements of :.:�
this chapter have been satisfied;
(b) Review all development applications to determine that all necessary permits
have been obtained from those federal, state, or local governmental agencies from
which prior approval is required; and
(c) Review all development applications to determine if the proposed
development is located in the floodway. If located in the floodway, assure that the
encroachment provisions of FWRC 15.15.160(1) are met.
15.15.070 Use of other base flood data (in A and V zones).
When base flood elevation data has not been provided (in A or V zones) in
accordance with FWRC 15.15.050(1), the director shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal, state or
other source, in order to administer FWRC 15.15.140, Specific standards, and FWRC
15.15.160, Floodways.
15.15.080 Information to be obtained and maintained.
(1) Where base flood elevation data is provided through the FIS, FIRM, or required
as in FWRC 15.15.070, the applicant shall obtain and record the actual (as-built)
elevation (in relation to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures, and whether or not the structure contains a
basement and provide such information to the director or designee on a current FEMA
elevation certificate (FEMA Form 81-31). Section B will be completed by the city.
(2) For all new or substantially improved floodproofed nonresidential structures
where base flood elevation data is provided through the FIS, FIRM, or as required in
FWRC 15.15.070, the applicant shall obtain and record the elevation (in relation to
mean sea level) to which the structure was floodproofed and provide such information
to the city. The city shall maintain the floodproofing certifications required in FWRC
15.15.060(2)(c).
(3) The city shall maintain for public inspection all records pertaining to the
provisions of this chapter.
15.15.090 Alteration of watercourses.
The city shall notify adjacent communities and the Department of Ecology prior to
any alteration or relocation of a watercourse, and submit evidence of such notification
to the Federal Insurance Administration and shall require that maintenance is provided
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within the altered or relocated portion of said watercourse so that the flood carrying
capacity is not diminished.
15.15.100 Conditions for flood variances.
(1) Generally, flood variance requests for proposals located within the shoreline
jurisdiction shall be processed through the shoreline variance procedures in FWRC
15.05.160. The only condition under which a variance from the elevation standard may
be issued is for new construction and substantial improvements to be erected on a
small or irregularly shaped lot contiguous to and surrounded by lots with existing
structures constructed below.the base flood level. As the lot size increases, the
technical justification required for issuing the variance increases. ,
(2) Flood variances shall not be issued within a designated floodway if any increase
in flood levels during the bas� flood discharge would result.
(3) Flood variances shall c�nfy be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(4) Flood variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with other existing
laws or ordinances.
(5) Flood variances as interpreted in the National Flood Insurance Program are
based on the general zoning law principle that they pertain to a physical piece of
property; they are not personal in nature; and do not pertain to the structure, its
inhabitants, economic, or financial circumstances. They primarily address small lots in
densely populated residential neighborhoods. As such, variances from flood elevations
should be quite rare.
(6) Flood variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree of floodproofing than watertight or dr�r
floodproofing, where it can be determined that such action will have low damage
potential, complies with all other variance criteria except subsection (a) of this section
and otherwise complies with FWRC 15.15.110(1) and (3), and 15.15.120.
(7) Any applicant to whom a variance is granted shall be given written notice tha# the
permitted structure will be built with its lowest floor below the base flood elevation and
that the cost of flood insurance will be commensurate with the increased risk.
15.15.110 Provisions for flood hazard reduction.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to
prevent flotation�, collapse, or lateral movement of the structure;
(b) All manufactured homes shall be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over-the-
top or frame ties to ground anchors.
(2) Construction materials and methods.
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(a) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within the components during conditions of
flooding. Locating such equipment below the base flood elevation may cause annual
flood insurance premiums to be increased.
(3) Utilities. _
(a) All new and replacement water supply systems shall be designed to minimize`
or eliminate infiltration of:flood waters into the systems; -
(b) Water wells shall be Jocated on high ground that is not in the floodway;
(c) New and= replacement sanitary sewage systems shall be designed :to � �
minimize or eliminate infiltration of flood waters into the systems and discharges from -�
the systems into flood waters;
(d) Onsite waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
15.15.120 Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood
damage;
(2) All subdivision proposals shall have public utilities and facilities, such as sewer,
gas, electrical, and water systems, located and constructed to minimize or eliminate
flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage;
(4) Where base flood elevation data has not been provided or is not available from
another authoritative source, it shall be generated for subdivision proposals and other
proposed developments which contain at least 50 lots or five acres (whichever is less).
15.15.130 Review of �building permits.
Where elevation data is not available either through the FIS, FIRM, or from another
authoritative source (FWRC 15.15.070), applications for building permits shall be
reviewed to assure that proposed construction will be reasonably safe from flooding as
determined by the director. The test of reasonableness is a local judgment and includes
use of historical data, high water marks, photographs of past flooding, etc., where
available.
15.15.140 Specific standards.
The following provisions are required in all areas of special flood hazards where
base flood elevation data has been provided as set forth in FWRC 15.15.050(1) or
15.15.070.
(1) Residential construction.
(a) New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more above the
base flood elevation (BFE).
(b) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
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exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect or
must meet or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or
devices; provided, that they permit the automatic entry and exit of floodwaters.
Foundation vent standards required by the IBC/IRC outside the floodplain do
not m�et this standard and are often inadvertently permitted. Insurance rates �eflect an
"all or nothing" standard. Partially ventilated crawlspaces may be subject to an °
additional loading:fee of 20 to 25 percent attached to the annual insurance premium.; _
(2) N�onresidential construction. New construction and substantial improvement of
any commercial, ,industrial, or other nonresidential structure shall either have:th��lowest�. �
floor, including basement, elevated one foot or more above the base flood elevafion; ar,
together with attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below one foot or more above the base flood level
the structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(c) Be certified by a registered professional engineer or architect that the design
and methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications, and plans. Such certifications shall be provided to the
official as set forth in FWRC 15.15.060(2);
(d) Nonresidential structures that are elevated, not floodproofed, must meet the
same standards for space below the lowest floor as described in subsection (1)(b) of
this section.
Applicants who are floodproofing nonresidential buildings should beware that
flood insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g., a building floodproofed to the base flood level will be rated as
one foot below). Floodproofing the building an additional foot will reduce insurance
premiums significantly.
(3) Manufactured homes. All manufactured homes in the floodplain to be placed or
substantially improved on sites shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated one foot or more above the base
flood elevation and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
(4) Recreational vehicles. Recreational vehicles placed on sites are required to
either:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use, on wheels or jacking system,
attached to the site only by quick disconnect type utilities and security devices, and
have no permanently attached additions; or
(c) Meet the requirements of subsection (3) of this section and the elevation and
anchoring requirements for manufactured homes.
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15.15.150 AE and A1-30 zones with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been
designated), no new construction, substantial improvements, or other development
(including fill) shall be permitted within zones A1-30 and AE on the community's FIRM,
unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the
water surFace elevation of the base flood more than one foot at any point within the
community.
15:15.160 Floodways. . ��
' Located within areas of special flood hazard established in FW RC `15.15.050(1) are
areas designated as floodways. Chapter 86.16 RCW will need to b�`�consulte�f in
°- additi4n #a this code. The more restrictive provisions shall apply. Sin�e the floodway is
an �xtremel�r hazardous area due to the velocity of floodwaters that can�carry debris,
and incr�ase erosion potential, the following provisions apply: � -
(1) Encroachments, including fill, new construction, substantial improvements, and
other development shall be prohibited unless certification by a registered professional
engineer is provided demonstrating through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels during the occurrence of
the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for (a) repairs, reconstruction, or improvements to a
structure which do not increase the ground floor area; and (b) repairs, reconstruction, or
improvements to a structure, the cost of which does not exceed 50 percent of the
market value of the structure either (1) before the repair, or reconstruction is started, or
(2) if the structure has been damaged, and is being restored, before the damage
occurred. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to assure
safe living conditions, or to structures identified as historic places, may be excluded in
the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
FWRC 15.15.110, Provisions for flood hazard reduction.
15.15.170 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside
the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of
new critical facilities shall be permissible within the SFHA if no feasible alternative site
is available. Critical facilities constructed within the SFHA shall have the lowest floor
elevated three feet above BFE or to the height of the 500-year flood, whichever is
higher. Access to and from the critical facility should also be protected to the height
utilized above. Floodproofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into floodwaters. Access routes
elevated to or above the level of the base flood elevation shall be provided to all critical
facilities to the extent possible.
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