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ORD 15-797 ORDINANCE NO. 15-797 AN ORDINANCE of the City of Federal Way, Washington, relating to environmentally critical areas; amending FWRC 14.05.030, 19.05.020, 19.05.060, 19.05.070, 19.05.170, 19.05.180, 19.05.190, 19.05.230, 19.30.170, 19.145.010, 19.145.030, 19.145.040 and 19.145.050; repealing FWRC Chapter 14.30, Chapter 19.150, Chapter 19.155, Chapter 19.160, Chapter 19.165, Chapter 19.170, Chapter 19.175, Chapter 19.180, and Chapter 19.185; and adding new sections to FWRC Chapter 19.105 and Chapter 19.145. (Amending Ordinance Nos. 90-40, 90-43, 90-79, 91-105, 91-123, 93-192, 97-291, 99-353, 04- 468, 07-554, 08-585, 09-593, 09-594, 09-605,09-607, 09-610, 12-711, 12- 713, 13-754, 14-771, and 14-778) WHEREAS, the City recognizes the need to periodically modify Title 14 of the Federal Way Revised Code ("FWRC"), "Environmental Policy," in order to conform to state and federal law, codify administrative practices, clarify and update environmental regulations as deemed necessary, and improve efficiency of the regulations and development review process; and WHEREAS, the City recognizes the need to periodically modify Title 19 of the FWRC, "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the ce VI review, chapter 19.80 FWRC, of Titles 14 and 19 FWRC, has complied with Process e , p P pursuant to chapter 19.35 FWRC; and WHEREAS, the Growth Management Act requires the City to review and if necessary revise its existing critical areas ordinance every eight years to ensure compliance with Best Available Science ("BAS"); and Ordinance No. 15-797 Page 1 of 62 WHEREAS, review and proposed revisions to the critical areas ordinance are occurring concurrently with the periodic update to the Federal Way Comprehensive Plan; and WHEREAS, environmentally critical areas within the City include geologically hazardous areas, fish and wildlife habitat conservation areas, wetlands, critical aquifer recharge areas, and frequently flooded areas; and WHEREAS, frequently flooded areas within the City occur within the Shoreline Master Program overlay and are regulated under Title 15 FWRC; and WHEREAS, an analysis of the existing critical areas ordinance by the City's consultant, Environmental Science Associates, identified gaps in BAS compliance; and WHEREAS, proposed amendments to the existing regulations were developed to provide protection measures based on BAS and special consideration to preserve or enhance anadromous fisheries required by RCW 36.70A.172 and WAC 365-195-900 through 925; and WHEREAS, the proposed amendments reformat and streamline the existing nine chapters of critical area regulations into one chapter titled environmentally critical areas; and WHEREAS, the Planning Commission conducted two study sessions on these code amendments on March 4, 2015 and April 15, 2015; and WHEREAS, the City forwarded proposed edits for review and comment to Muckleshoot and Puyallup Tribes, State Departments of Ecology and Fish and Wildlife, and other interested stakeholders; and WHEREAS, a notice of intent to adopt the proposed code amendments was sent to the State Department of Commerce on April 30, 2015, for a review and comment period; and Ordinance No. 15-797 Page 2 of 62 WHEREAS, the City provided early and continuous public involvement via a project webpage, open house, workshop, online survey, and aforementioned study sessions; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on April 10, 2015, and no comments or appeals were received and the DNS was finalized on May 8, 2015; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 20, 2015, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on June 1, 2015, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring the environmental critical areas regulations are based on Best Available Science as referenced in Exhibit A. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Titles 14 and 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. Ordinance No. 15-797 Page 3 of 62 (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: NEG1 To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP1 Protect and restore environmental quality through land use plans, surface water management plans and programs, comprehensive park plans, and development review. NEG3 To protect aquifer recharge areas. NEG5 Protect, restore, and enhance the City's lakes and streams. NEG7 Protect and enhance the functions and values of the City's wetlands. NEG8 Explore ways of mitigating wetland loss. NEG9 Adopt standards to ensure against the loss of both public and private property in geologically hazardous areas. NEG10 Preserve, protect, and enhance fish and wildlife habitat. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it implements protective measures for lands that provide Ordinance No. 15-797 Page 4 of 62 natural flood storage, wildlife habitat, groundwater, and those lands that may be hazardous to develop due to geologic hazards. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it protects life, property, habitat, and the environment. Section 3. FWRC 14.05.030 is hereby amended to read as follows: 14.05.030 Definitions. Unless defined in WAC 197-11-700 through 197-11-799,the definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined within WAC 197-11-700 through 197-11-799 or in this section are defined according to Chapter 19.05 FWRC or FWRC 1.05.020, in that order. "Early notice"means the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal. species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not cr ted. Habitat conservation a as-include but are not limited to such areas as: (2)Habitats and species of local importance; (3) Commercial and recreational shellfish areas; -. • . .. . . ! . - . - . : . .. • .-. . . . - or wildlife habitat; OR (9) Streams. ".- - , °... . •. " -- ., - ° :.. . - . . - . . - _ . - coastal areas and wetlands. "State Environmental Policy Act rules" means Chapter 197-11 WAC. Section 4. FWRC 19.05.020 is hereby amended to read as follows: 19.05.020 B definitions. Ordinance No. 15-797 Page 5 of 62 "Backfill" means material placed into an excavated area, pit,trench or behind a constructed retaining wall or foundation. "Balloon"means an inflatable device, generally composed of a thin layer of latex or Mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "inflatable advertising device.") "Best available science" means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 925. "Best management practices (BMPs)"means those practices which provide the best available and reasonable physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant loads and/or concentrations leaving a site. "Buffer" means an area that is contiguous to and protects a critical area that is required for the continued maintenance, functioning, and/or structural stability of a critical area. "Building"means any structure having a roof supported by columns or walls and intended for the shelter,housing, or enclosure of any individual, animal,process, equipment, goods, or materials of any kind. "Building segment" means that portion of a terraced building on a sloping site which has a separate roof line or finished floor elevation with a grade change of at least four feet. "Bulkhead" means a wall or embankment used for retaining earth. "Business or vocational school" means a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields. Section 5. FWRC 19.05.060 is hereby amended to read as follows: 19.05.060 F definitions. "Facade"means the entire building front including the parapet. "Family" means an individual; a group of not more than five individuals; or two or more individuals related by not more than four degrees of affinity or consanguinity, including persons under legal guardianship. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. "Family day care" means a business regularly providing care during part of the 24-hour day to 12 or fewer persons, including children and/or adults, and the children, if applicable, of the day care provider, in the family abode of the person or persons under whose direct care those receiving care are placed. Family day care includes family day care homes for children as defined by RCW 35.63.170 and in-home day care for adults. See FWRC 19.105.070. Ordinance No. 15-797 Page 6 of 62 "Farmers market" means a temporary (typically outdoor) or permanent(indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value-added agricultural products such as jams,jellies, and pickles; prepared food;plants; flowers; meats; dairy products; shellfish and finfish; and other food-related products. Additionally, some vendors may sell non- food-related products and services. The majority of products for sale throughout the course of the calendar year shall be food-related products,plants, flowers, and hand crafted arts and crafts products as determined by the number of vendors selling said products. Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however,these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. "Farm stand"means a structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See the definitions for"community gardens," "cottage food operation," and"urban farm." "Fast food restaurant"means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3)Food is served in disposable wrappings or containers. "Fence" means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. "Festoons" means a string of ribbons, tinsel, small flags, or pinwheels. "Fill"means depositions of earth materials by artificial means. "Fill material"means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil,bark,rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes. "Finished grade"means the final contour of the land surface prior to landscaping. "Fish and wildlife habitat conservation areas" means those areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. These areas include: (1) Areas where endangered, threatened, and sensitive species have primary association; (2) Habitats and species of local importance, as determined locally; (3) Commercial and recreational shellfish areas; (4) Kelp and eelgrass beds, herring, smelt, and other forage fish spawning areas; (5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; (6) Waters of the state; (7) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and (8) State natural area preserves, natural resource conservation areas, and state wildlife areas. "Flag"means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration. "Flag lot" or `panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the Ordinance No. 15-797 Page 7 of 62 main portion of the lot to the road or street right-of-way is the "flag pole"or"access panhandle" part of the lot. "Floor"means the horizontal surface inside a structure designed and intended for human use and occupancy. "Floor area"means the total area of a building floor plate in gross square feet. "Frontage of a property" means the length of the property line along any public right-of-way on which it borders. "Frontage of a building" means the length of an outside building wall on a public right-of-way. Section 6. FWRC 19.05.070 is hereby amended to read as follows: 19.05.070 G definitions. "Gambling use" means activities regulated by the state which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games fide by bona fide not-for-profit organizations; limited social games operated by bona f de not-for-profit organizations; commercial amusement games; raffles; fund-raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission. "Geologically hazardous areas" means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public h alth or safety concerns. require specific studies to determine appropriate buffers or property use. Geologically hazardous areas include the following areas: (1) "Erosion hazard areas" are those areas identified by the U.S. Department of Agriculture's Natural Resource Conservation Service as having a moderate to severe or to severe to very severe rill and inter-rill erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow; those areas containing the following group of soils when they occur on slopes of 15 percent or greater: Alderwood-Kitsap ("AkF"), Alderwood gravelly sandy loam ("AgD"), Kitsap silt loam ("KpD"), Everett ("EvD"), and Indianola ("InD"); and those areas impacted by shore land and/or stream bank erosion. (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, typically silt and clay; and (iii) Springs or groundwater seepage. (b) Any area which that has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which that is underlain by mass wastage debris of that epoch. Ordinance No. 15-797 Page 8 of 62 (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 Ag • . . - . . . Service as having a severe limitation for building site development. (#) (e) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides)by the Department of Ecology..-'s Coastal Zone Atlas. (f) Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey or Washington State Department of Natural Resources. (g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (h) Any area with a slope of forty percent or steeper and with a vertical relief of ten or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. (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. - -- - - . . •. " , - - . - . .. : • - • .• vertical relief of 10 or more feet, a vertical rise of 1-0 feet of mere for e -iy 25 feet of horizontal inclination over at least 10 feet of vertical relief. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least four years of professional employment as a geotechnical engineer in responsible charge, including experience with landslide evaluation. "Glare" means the reflection of harsh, bright light as well as the physical effect resulting from high luminances or insufficiently shielded light sources. "Government facility" means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this title. "Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. "Grand opening" means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A "grand opening" does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. "Gross floor area" means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. "Ground floor" means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. Ordinance No. 15-797 Page 9 of 62 "Groundwater" means waters that exist beneath the surface of land or beneath the bed of any stream, lake or reservoir, or other body of surface water. "Groundwater contamination" means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL). "Group homes type II" means housing for juveniles under the jurisdiction of the criminal justice system. This definition includes housing for state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or halfway homes for those selected to participate in state-operated work-release and pre-release programs; but excludes full-time detention facilities. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.050 and FWRC Title 19, Division VI, Zoning Regulations. "Group homes type III" means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre-. or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137-57 WAC. Such groups also include individuals who have been convicted of a violent crime against a person or property, have been convicted of a crime against a person with a sexual motivation, or have been convicted as a sexual or assaultive violent predator. This category also includes "significant impact businesses" as defined in FWRC 12.60.020. This category excludes full-time detention facilities. "Gymnasium" means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. Section 7. FWRC 19.05.130 is hereby amended to read as follows: 19.05.130 M definitions. "Maintenance, " for signs, means the cleaning,painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. » .. permanent blockage shall be regulated as a major stream. "Manufactured home"means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent Ordinance No. 15-797 Page 10 of 62 foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). "Manufacturing and production" means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts,the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories: (1) "Manufacturing and production, general, "means establishments typically manufacturing and producing for the wholesale market. (2) "Manufacturing and production, limited, "means retail establishments engaged in the small- scale manufacture, production, and on-site sales of custom goods and products. These uses are distinguished from"manufacturing and production, general,"by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. This category includes uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. "Maximum lot coverage"means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC 19.110.020 et seq. for further details. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. "Medium density zones"mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. "Microcell"means a wireless communication facility consisting of an antenna that is either: (1) Four feet in height and with an area of not more than 580 square inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet high. "Minor facility"means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length. A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. "Minor stream" means any str m that decs net meet the definition of"major stream." "Mixed-use building" means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces. "Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. "Multiple-story building"means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area. Ordinance No. 15-797 Page 11 of 62 "Multi-tenant complex" means a complex containing two or more uses or businesses. "Multi-use complex"means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi-use complex. "Mural"means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Section 8. FWRC 19.05.170 is hereby amended to read as follows: 19.05.170 Q definitions. 9, . . . . . - _ - _ -- criteria: vulnerability. "Qualified professional" means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and two years of related work experience. (1) A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species. (2) A qualified professional for a geological hazard must be a professional engineer or engineering geologist, licensed in the state of Washington. (3) A qualified professional for critical aquifer recharge areas means a hydro egolo igist, geologist, geotechnical engineer, or other scientist with experience in hydrogeologic assessments. "Quasi public use"means a use owned or operated by a private nonprofit or philanthropic institution that provides cultural, recreational, or similar types of programs and services. Section 9. FWRC 19.05.180 is hereby amended to read as follows: 19.05.180 R definitions. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. "Registration sticker" for the purpose of sign regulations means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this title and other sections of this Code. Ordinance No. 15-797 Page 12 of 62 "Regulated lakes"means lakes that are less than twenty acres in size that are not regulated as shorelines of the state.Wetlands Nos. 8 21 4 26, 7 21 4 71, 11 21 3 9, 14 21 3 2, 14 21 3 5, 13 I • I . . . , • ••5 • of Federal Way final wetland inventory report, except vVegetated areas which that are located in and around the margins of regulated lakes and fall under FWRC 19.175.020. shall comply with wetland regulations. "Relative"means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. "Required yard" means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows: (1)Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2)Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3)Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. "Residential use"means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. "Residential zone" means the following zones: SE, RS 35.0, RS 15.0,RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. "Restaurant" or "tavern"means commercial use (excluding fast food restaurants)which sells prepared food or beverages and generally for consumption on the premises. "Retail establishment"means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. "Retail sales, bulk, " means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods, involving a high volume of sales of products in a warehouse setting, and may include membership warehouse clubs, i.e., "big box"retail. Bulk retail is differentiated from general retail by any of the following characteristics: Ordinance No. 15-797 Page 13 of 62 (1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (2)A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (3)High volume truck traffic,regular pick up and delivery of large items, a designated contractor pick-up area, and high parking-to-building ratios. "Retail sales, general and specialty, " means a retail establishment that is not engaged in bulk retail and includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc.,typically selling to the general public and is differentiated from bulk retail by the size of the building, size of items purchased, sales volume, and typically does not sell at a discount or in a volume warehouse store. "Retail shopping center, regional" means a series of unified commercial establishments that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s). "Right-of-way, " in addition to its normal meaning, may include, for purposes of the community design guidelines or sign regulations, land privately owned,used primarily for the movement of vehicles or pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. "Right-of-way realignment"means the changing of the horizontal position of the improvements in a right-of-way. "Roofline"means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. "Runoff" means the overland or subsurface flow of water. Section 10. FWRC 19.05.190 is hereby amended to read as follows: 19.05.190 S definitions. "Schools" means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. "Secondhand merchandise" means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand Ordinance No. 15-797 Page 14 of 62 merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles. "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points" means a common point of vehicle access from a street to more than one lot or use. "Sight line"means the line of vision from a person to a place or building. "Sign" means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (1) Providing information or directions; or (2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, o r reg istered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of"signs": (1) "Abandoned sign" means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (4) "Awning sign" means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") Ordinance No. 15-797 Page 15 of 62 Figure 1 —Awning or Canopy Sign (5) "Banner"means a sign made of any nonrigid material with no enclosing framework. (6) "Billboard" means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (7) "Building-mounted signs" means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under-canopy signs and projecting signs. (8) "Cabinet sign" means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. .1 s Figure 2—Cabinet Sign (9) "Canopy sign" means the same as "awning sign." (10) "Center identification sign" means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (11) "Changeable copy sign" means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign. (12) "Construction sign" means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. Ordinance No. 15-797 Page 16 of 62 (13) "Directional sign, on-site, " means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g.,parking, exit or entrance signs). (14) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (15) "Electronic changeable message sign" means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (16) "Flashing sign" means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (17) "Freestanding sign" means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs,"and"monument signs." 1 r Height 1 } } $1 n Height Figure 3—Freestanding Sign (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. (19) "Ground-mounted sign" means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. (20) "Government sign" means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "Instructional sign" means a sig n which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. Ordinance No. 15-797 Page 17 of 62 (22) "Integral sign" means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (23) "Kiosk" means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (24) "Marquee sign" means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (25) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant. (26) "Monument sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.) (27) "Identification sign" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (28) "Identification sign (subdivision)" means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (29) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (30) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (31) "Nameplate" means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (32) "Neon (outline tubing) sign" means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (33) "Nonconforming sign" means any sign, which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located i n areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code. (34) "Obsolete sign" means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (35) "Off-site sign" means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (36) "On-site sign" means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (37) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.) Ordinance No. 15-797 Page 18 of 62 (38) "Point of purchase display or sign" means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps,phone booths, etc.). (39) "Pole or pylon signs" means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.) (40) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (41) "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (42) "Pre-opening sign" means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon(e.g., "Coming Soon..." "Opening Soon...," etc.). (43) "Private advertising sign" means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (44) "Private notice sign" means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing"or "beware of dog." (45) "Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Ordinance No. 15-797 Page 19 of 62 U ----. an mom . -whir U a ---w OMR NSW NIB SIGN am low Ili I Figure 4—Projecting Sign (46) "Real estate, on-site sign" means a sign placed on the subject property and announcing the sale or rental of the subject property. (47) "Roof sign" means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (48) "Snipe sign" means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (49) "Temporary sign" means a sign not constructed or intended for long-term use. (50) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (51) "Time and temperature sign" means any sign that displays the current time and temperature, without any commercial message. (52) "Under-canopy sign" means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent Ordinance No. 15-797 Page 20 of 62 exposed building face and which contains no commercial messages other than the name of the business. (53) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (54) "Wall sign" means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (55) "Warning sign" means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and"no dumping." (56) "Window sign" means all signs affixed to a window and intended to be viewed from the exterior of the structure. "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters. 1 ri co z Grocery /..... \ 1 +r*c*c e r y-Sign Area Ordinance No. 15-797 Page 21 of 62 a�F THEATER Imo! VIDEO C' amimou SHOES I'd' DELI 11111111111111 . ....... ............ .... . ........ . .. ....... .. . . a x 4 btc+d+e) Sign Area Figure 5—Calculating Sign Area "Sign face" means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos,trademark and/or written copy is placed. "Sign inventory sticker" means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign registration" means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as art of a sign inventor p g inventory. Y "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. "Single housekeeping unit" means a person, a group of not more than three persons, or a group of persons connected through blood, marriage or other legal relationships by not more than four degrees of affinity or consanguinity including persons under legal guardianship. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. "Single-use building" means a building which contains one use. "Site" means subject property. "Small animals" means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. "Social service transitional housing" means facilities providing temporary and transitional housing to individuals on an as-needed basis, operated by a nonprofit social service agency, licensed as required by the state, including, but not limited to, emergency shelters, homeless shelters, domestic violence shelters, and other such crisis intervention facilities; but excluding Ordinance No. 15-797 Page 22 of 62 offices and group homes as defined in this chapter. Any limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.060 and FWRC Title 19, Division VI, Zoning Regulations. "Spa" means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also "public bathhouse" in FWRC Title 12. "Special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. "Specified anatomical areas" shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. "State Environmental Policy Act"means Chapter 43.21C RCW. "Storm drainage" means the movement of water, due to precipitation, either surficially or subsurficially. "Story" means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. "Stream" means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the Ordinance No. 15-797 Page 23 of 62 mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle-Tacoma International Airport. (1) Streams shall be classified according to the following criteria: (a) Type F streams are those streams that are used by fish or have the potential to support fish. (b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional. (c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" is presumed for: (a) Streams where naturally reoccurring use by fish has been documented by a government agency; or (b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife; (3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. "Streambank stabilization" means treatments used to stabilize and protect banks of streams from erosion. "Street"means both a public right-of-way and a vehicular access easement or tract. "Street providing direct vehicle access" means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi-use complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. "Streetscape" means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street-facing building facades. "Streetscape amenities" means pedestrian-oriented features and furnishings within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian-scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks. "Structural alteration"means any change in the supporting member of a building or structure. "Structure" means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. "Structured parking" means parking provided on more than one level and within a structure, either above- or below-grade. Structured parking shall not include a surface parking lot. Ordinance No. 15-797 Page 24 of 62 "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. "Support structure" means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. "Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 11. FWRC 19.05.230 is hereby amended to read as follows: 19.05.230 W definitions. "Water feature" means a fountain, cascade, stream water, water wall, water sculpture, or reflection pond. The purpose is to serve as a focal point for pedestrian activity. "Water park"means an amusement park that features water play areas, such as water slides, splash pads, spraygrounds (water playgrounds), lazy rivers, or other recreational bathing, swimming, and barefooting environments. Accessory water features at parks and plazas are not included in the definition of"water park." "Waterward"means toward the body of water. "Well"means a hole or shaft sunk into the earth to tap an underground supply of water. "Wellfield" means an area containing two or more wells with overlapping zones of contribution that supply a public water system. "Wellhead" means the top of the shaft of a well or similar water extraction facility from which potable water is extracted. "Wellhead capture zone" means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation. "Wellhead protection area (WHPA)" means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act. Ordinance No. 15-797 Page 25 of 62 "Wetland" or "Wetlands"means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal 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 nonwetland 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 nonwetland areas to mitigate conversion of wetlands. "Wholesale trade"means a commercial establishment which sells to retail establishments. Section 12. FWRC 19.30.170 is hereby amended to read as follows: 19.30.170 Special provisions for critical aquifer recharge areas The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter which that do not conflict with the provisions of this section are unaffected by this section. This section applies to any development activity which • - . _ ..- - . ' . •_ , . _ , . Management. If a nonconformance must be corrected to comply with Chapter FWRC 19.18^545.450 FWRC, the applicant must, as part of the application for the development permit, submit all information that the city reasonably needs to review the correction. In addition, the city will not issue a land use approval or building permit until the correction is made. (1) A nonconforming use as defined in FWRC 19.185.0'10 19.145.480 may be continued unless the thresholds of FWRC 19.30.080 are reached, in which case it shall be terminated. (2) Regardless of the thresholds in FWRC 19.30.090, any use, applying for a development permit within six month, one-year, five-year, or ten-year Wellhead Capture Zones 1, 2, or 3, must be brought into compliance with the performance standards protection measures specified in FWRC 19.185.060 19.145.500. Section 13. Chapter 19.105 section list of the Federal Way Revised Code is hereby amended to add a new section to read as follows: Chapter 19.105 GENERAL DEVELOPMENT REGULATIONS Sections: 19.105.010 Building site. 19.105.020 Essential public facilities. Ordinance No. 15-797 Page 26 of 62 19.105.030 Lighting regulation. 19.105.040 Regulation of work hours. 19.105.050 Group homes. 19.105.060 Social service transitional housing. 19.105.070 Family day care. 19.105.080 Adult family homes. 19.105.090 Regulated wellhead Section 14. Chapter 19.105 of the Federal Way Revised Code is hereby amended to add a new section Regulated wellhead to read as follows: 19.105.090 Regulated wellhead. Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173- 160 WAC. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must comply with the requirements in Chapter 173-160 WAC regarding the separation of wells from sources of pollution. Section 15. FWRC Division V of Title 19 is hereby amended to read as follows: Division V. Environmentally Critical Areas Section 16. Chapter 19.145 of the Federal Way Revised Code is hereby amended and adds new articles and sections to read as follows: Chapter 19.145 ENVIRONMENT-AND ENVIRONMENTALLY CRITICAL AREAS IN-GENERAL Article I. Administrative Sections: 19.145.010 Purpose. 19.145.015 Administration. 19.145.020 Applicable provisions. 19.145.030 Jurisdiction. 19.145.040 Other authority and jurisdiction. Relationship to other jurisdictions 19.145.050 Liability. 19.145.060 Unauthorized alterations and enforcement. 19.145.070 Maps and inventories. 19.145.080 Critical area report. 19.145.090 Reasonable use of the subject property. Ordinance No. 15-797 Page 27 of 62 19.145.100 Bonds. 19.145.110 Exemptions. 19.145.120 Partial Exemptions. 19.145.130 Mitigation sequencing. 19.145.140 Mitigation plan requirements. 19.145.150 Critical area tracts and designation on site plans. 19.145.160 Building setbacks. 19.145.170 Notice on title. 19.145.180 Critical area markers, signs, and fences. 19.145.190 Physical barriers. 19.145.200 Time limitation. 19.145.210 Other requirements. Article II. Geologically Hazardous Areas 19.145.220 Applicability and designation. 19.145.230 Landslide hazard areas protection measures. 19.145.240 Erosion and seismic hazard areas protection measures. 19.145.250 Additional report requirements—Geologically hazardous areas. Article III. Fish and Wildlife Habitat Conservation Areas 19.145.260 Applicability, designation, and classification. 19.145.270 Stream buffers. 19.145.280 Stream relocation. 19.145.290 Stream stabilization. 19.145.300 Culverts. 19.145.310 Removal of streams from culverts. 19.145.320 Stream crossings. 19.145.330 Intrusion into stream buffers. 19.145.340 Requirements for clearing and grading. 19.145.350 Regulated lake buffers. 19.145.360 Development waterward of the ordinary high water mark of regulated lakes. 19.145.370 Development within regulated lake buffers. 19.145.380 Regulated lake bulkheads. 19.145.390 Anadromous fish protection measures. 19.145.400 Endangered, threatened, and sensitive species protection measures. Article IV. Wetlands 19.145.410 Wetland identification and delineation. 19.145.420 Wetland rating and buffers. 19.145.430 Development within wetlands. 19.145.440 Development within wetland buffers. Ordinance No. 15-797 Page 28 of 62 Article V. Critical Aquifer Recharge Areas 19.145.450 Designation. 19.145.460 Classification of capture zones. 19.145.470 General requirements. 19.145.480 Prohibited development in six month and one year capture zones. 19.145.490 Development within critical aquifer recharge areas. 19.145.500 Capture zone protection measures. 19.145.510 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas. Article VI. Frequently Flooded Areas 19.145.520 Frequently flooded areas. Section 17. FWRC 19.145.010 is hereby amended to read as follows: 19.145.010 Purpose. The purpose of this division chapter is to protect the environment, human life and property from harm and degradation. 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 drinking water; and by preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public purposes to be achieved by this division 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 and filter systems. Section 18. Chapter 19.145 of the Federal Way Revised Code is hereby amended to add new sections to read as follows: 19.145.015 Administration. Except as otherwise established in this chapter, if a proposed development activity requires city approval, this chapter will be implemented and enforced as part of that process. Section 19. FWRC 19.145.030 is hereby amended to read as follows: 19.145.030 Jurisdiction. This division 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; ('1) Contains or is within 50 feet of the ordinary high-water mark of a minor stream; (5) Contains or is within 25 feet of any regulated lake; Ordinance No. 15-797 Page 29 of 62 wetlands associated with any majer stream, minor stream, or regulated lake; or (7) Is located within a critical recharge . a er a we - ad protection ar a (one , five , or 10 year wellhead capture zone). (1) The city shall regulate all uses, activities, and development within critical areas and the corresponding buffers and setbacks. (2) Critical areas regulated by the city include the following areas and their corresponding buffers: (a) Geologically hazardous areas; (b) Fish and wildlife habitat conservation areas; (c) Wetlands; (d) Critical aquifer recharge areas; and (e) Frequently flooded areas. Section 20. FWRC 19.145.040 is hereby amended to read as follows: 19.145.040 ! • • . . . . •• . • . • . • . Relationship to other regulations. (1)Nothing in this division 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 the applicant to comply with all other applicable local, state and federal laws and regulations. (2) These critical areas regulations shall apply as an overlay and in addition to zoning and other regulations adopted by the city. (3) When any provision of this title or any existing regulation, easement, covenant, or deed restriction conflicts with regulations in this chapter, the regulations that provide greater protection to the critical areas shall apply. (4) Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required. The applicant is responsible for complying with these requirements, apart from the process established in this chapter. Section 21. FWRC 19.145.050 is hereby amended to read as follows: 19.145.050 Liability. (1) The city is not liable for any damage resulting from development activities within critical areas. Prior to issuance of any building permit or other permit by the building official, use process, or subdivision approval, 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 that is related to the physical condition of the - . : :-, . ••, •: - . regulated wetland critical area. This agreement shall be recorded in with the King eCounty Recorder's Office;at the applicant's expense;and shall run with the property. (2) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity. Ordinance No. 15-797 Page 30 of 62 Section 22. Chapter 19.145 of the Federal Way Revised Code is hereby amended to add new sections to read as follows: 19.145.060 Unauthorized alterations and enforcement. (1) When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or violator's expense to compensate for violation of provisions of this chapter. (2)Restoration plan. All development work shall remain stopped until a restoration plan is prepared at the expense of the owner or violator and approved by the city. The plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsections (a) and (b). The director may, at the owner or violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the owner or violator for revision and resubmittal. (a) For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area: (i) The historic structural and functional values shall be restored, including water quality and habitat functions; (ii) The historic soil types and configuration shall be replicated; (iii) The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and (iv)Information demonstrating compliance with FWRC 19.145.140 (Mitigation plan requirements) shall be submitted to the director. (b) For alterations to frequently flooded areas and geologically hazardous areas, the following minimum performance standards shall be met for the restoration of critical area: (i) The hazard shall be reduced to a level equal to, or less than, the pre-development hazard; (ii) Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and (iii) The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. (3) Minimum performance standards identified in subsections (2)(a) and (2(b) of this section may be modified if the owner or violator can demonstrate that greater functional and habitat values can be obtained. (4) Site investigations. Site investigations necessary to enforce this chapter are authorized pursuant to FWRC 7.03.070. (5)Penalties. Any development carried out contrary to the provisions of this chapter shall constitute a public nuisance and subject to provisions of Chapter 7.03 FWRC. Ordinance No. 15-797 Page 31 of 62 19.145.070 Maps and inventories. (1) Critical areas maps and inventories generally designate the location of critical areas within the city and are adopted by reference. (2) Area-wide inventories and documents identifying critical areas may not identify all critical areas designated under this chapter. The provisions of this chapter will apply to all designated critical areas located within the city, including those critical areas not identified on a map or inventory. Whenever there is evidence of a critical area located within or in proximity to a nonexempt action,the director may require a critical area report to determine the extent to which such critical area may exist. (3) Critical area maps and inventories are to be used for planning level purposes only and the actual presence/absence, type, extent, and boundaries of critical areas shall be identified in the field by a qualified professional according to the procedures and criteria established in this chapter. In the event of any conflict between the critical area location and designation shown on the city's map and the criteria or standards of this chapter,the criteria and standards shall prevail. (4) The following maps and inventories, as amended, are used for identifying possible critical areas and their buffers: (a) Federal Way critical areas map; (b) Lakehaven Utility District capture zone map; (c) Federal Way final wetland inventory report prepared by Sheldon and Associates, Inc. July 19, 1999; (d) Preliminary stream inventory, Federal Way gap analysis,November 29, 2001; (e) Washington State Department of Fish and Wildlife priority habitat and species maps; and (f) Additional state and federal maps and inventories may be used if necessary. � p Y 19.145.080 Critical area report. (1) Unless waived or modified by the director in accordance with subsection(4), an applicant proposing activities where impacts or alteration of a critical area or its associated buffer and/or setback shall submit a critical areas report that adequately evaluates the proposal and probable impacts. (2) The critical area report shall be prepared by a qualified professional, incorporate best available science, and include the following items: (a) The name and contact information of the applicant, a description of the proposal, and identification of the type of approval (use process, subdivision, building permit) requested; (b) Vicinity map; (c) The dates, names, and qualifications of the persons preparing the report and documentation of any reconnaissance onsite; (d) A scaled site plan depicting critical areas, buffers, setbacks, and proposed improvements; f e) Photographs of the site and critical areas; (f) Identification and characterization of all critical areas adjacent to the proposed improvements; (g) A description of efforts made to apply mitigation sequencing pursuant to FWRC 19.145.130 to avoid, minimize, and mitigate impacts to critical areas; (h) A copy of the Joint Aquatic Resource Permit Application (JARPA) if applicable; (i)Additional information required for the individual critical area; and (j) Any additional information determined by the director to adequately review the proposed activity. Ordinance No. 15-797 Page 32 of 62 (3) Critical area reports may be reviewed by the city's thirdparty consultant at the applicant's expense. (4)The critical area report may be waived or modified if the director determines: (a) There will be no alteration of the critical area or buffer; or (b) The applicant cannot obtain permission to access off-site critical areas or buffers. 19.145.090 Reasonable use of the subject property. (1) The provisions of this section establish a mechanism whereby the provisions of this chapter may be modified or waived on a case-by-case basis if their implementation would deprive an applicant of all reasonable use of the subject property. (2) An applicant may apply for a modification or waiver of theprovisions of this chapter using process IV; except, that applications for projects on single-family residential lots may use process III. (3) The city may approve a modification or waiver of the requirements of this chapter on a case- by-case basis based on the following criteria: (a) The application of the provisions of this chapter eliminates all reasonable use of the subject property; (b)No feasible and reasonable onsite alternatives to theproposal are possible, such as changes to site layout and/or reduction of impervious improvements; (c) It is solely the implementation of this chapter, and not other factors,that preclude all reasonable use of the subject property; (d) The applicant has in no way created or exacerbated the condition that forms the limitation on the use of the subject property, nor in any way contributed to such limitation; and e The waiver or modification will not lead to create nor si•nificantl increase the risk of in'ur or death to anyperson or dama eg to improvements on or off the subject propert y. (4) If the city grants a request under this section, it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property, considering the factors described in subsections (3)(a) through(e) of this section. Any approval or waiver of requirements shall result in the minimum possible impacts to the function and values and/or risks associated with proposed improvements on affected critical areas. The city may impose limitations,mitigation under an approved mitigation plan, conditions and/or restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. 19.145.100 Bonds. The city may require a bond under Chapter 19.25 FWRC to ensure compliance with any aspect of this chapter. 19.145.110 Exemptions. The followin• activities and develo sments are exem st from the •rovisions of this chaster. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. An exemption from this chapter is not an endorsement to degrade a critical area; ignore risk from natural hazards; or otherwise limit the ability of the director to identify and abate such actions that may cause degradation to a critical area. Ordinance No. 15-797 Page 33 of 62 c1)Activities and development in response to emergencies that, in the opinion of the director, threaten public health, safety or welfare; or that pose an immediate risk of damage to property and that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of this chapter. In the event a person determines that the need to take emergency action is so urgent that there is insufficient time for review by the department, such emergency action may be taken immediately. The person undertaking such action shall notify the department within one working day of the commencement of the emergency activity. The director will determine what, if any, mitigation shall be required to protect health, safety, welfare, and environment and to repair any resource damage. (2) Operation, maintenance, or repair of existing public improvements, utilities,public or private roads,parks, trails, or drainage systems if the activity does not further alter or increase impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair, and no new clearing of native vegetation beyond routine pruning. (3) Development involving or near artificially created wetlands or streams intentionally created from non-wetland sites, including but not limited to grass lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams, or swales created as mitigation or that provide habitat for salmonids. (4)Normal maintenance and repair, reconstruction or remodeling, and additions to existing structures that do not increase the previously approved building footprint. (5) Development within the footprint of existing paved surfaces that were previously approved. (6) Recreation, education, and scientific research activities that do not require grading or placement of structures. s. (7) Removal by hand of invasive and noxious vegetation. Removal by hand does not include using mechanical equipment or the use of herbicides. 19.145.120 Partial exemptions. The followin. activities are .artial exemptions to the .rovisions of this chaster and require written approval from the director. (1)Essential public facilities,public utilities and other public improvements. The director may permit the placement of an essential public facility, public utility or other public improvements in a critical area if no practical alternative with less impact on the critical area(s) exist. The specific location and extent of the intrusion into the critical area must constitute the minimum necessar encroachment to meet the requirements of the public facilit or utilit and not .ose an unreasonable threat to the health, safety, or welfare on or off the subject property. The intrusion shall attempt to protect and mitigate impacts to the critical area function and values. The "Public utility and other public improvements" shall not include improvements whose primary purpose is to benefit a private develo pment includin. without limitation interior roads or .rivatel owned detention facilities installed within or during the construction of a residential subdivision, binding site plan, or other commercial development. The director may require supporting documentation to demonstrate compliance with partial exemptions. (2)Site reconnaissance necessary for preparing land use or building permit applications. Any disturbance of the critical area shall be the minimum necessary to conduct the site reconnaissance and the area shall be restored to its previous condition immediately. (3)Normal maintenance and continuation of existing landscaping and gardens that were legally Ordinance No. 15-797 Page 34 of 62 established prior to city incorporation. This partial exemption shall be documented by photographs, statements, and/or other evidence provided by the applicant. (4)Demolition of structures. The applicant shall submit a temporary erosion and sedimentation control plan and apply for applicable demolition permit(s). (5) Restoration and enhancement that does not alter the location, dimensions, or size of the critical area or buffer and does not reduce the existing quality or functions of the critical area or buffer. The applicant shall submit a restoration and/or enhancement plan prepared by a qualified professional or as determined by the director. (6) Removal of invasive and noxious vegetation with mechanized equipment and/or with the use of herbicides. (7) Vegetation maintenance such as hazard tree removal, removal of nuisance vegetation, and limited pruning for view preservation. The applicant shall submit a vegetation maintenance plan prepared by a certified arborist or registered landscape architect that includes the following: (a) A site plan at appropriate scale denoting the extent of the proposed vegetation maintenance activity; (b)Tree and vegetation location, type, and caliper of each tree within the area subject to the proposed vegetation maintenance activity; (c) Identification of methods of vegetation maintenance (limited to hand tools and hand powered tools); and (d)Proposed tree and/or vegetation replacement shown on the site plan. 19.145.130 Mitigation sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated in the following order of preference: (1) Avoiding the impact altogether by not taking a certain action or parts of an action; (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; (3) Rectifying he impact to the critical area by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project; (4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (5) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (6) Monitoring the hazard or other required mitigation and taking remedial action when necessary. 19.145.140 Mitigation plan requirements. When mitigation is required,the applicant shall submit for approval by the city a mitigation plan as a component of the critical area report. The mitigation plan shall include the following as determined to be applicable by the director: (1)Existing conditions and proposed impacts. A description of existing critical area and/or buffer conditions, functions,.and values and a description of the anticipated impacts; (2)Proposed mitigation. A description of the proposed mitigation actions and mitigation site Ordinance No. 15-797 Page 35 of 62 selection criteria; (3)Environmental goals and objectives. A description of the goals and objectives of proposed mitigation. The goals and objectives shall be related to the function and values of the impacted critical area and provide an analysis of the likelihood of success of the compensation project; (4)Best available science. A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; (5)Performance standards. A description of specific measurable criteria for evaluating whether the goals and objectives of the mitigationproject have been successfully attained and whether the requirements of this chapter have been met; (6) Timing. Mitigation shall be completed concurrently with project construction, unless a phased schedule that assures completion has been approved by the director; (7)Detailed construction plans. Detailed site diagrams, scaled cross-sectional drawings, topographic maps with slope percentage and final grade elevations, and any other drawing appropriate to show construction techniques or anticipated final outcome. The plans shall include specifications and descriptions of the following: (a) Proposed construction sequence,timing, and duration; (b) Grading and excavation details; (c) Erosion and sediment control features; (d)Planting plan specifying plant species, quantities, locations, size, spacing, and density; and (e) Measures to protect and maintain plants until established. (8)Monitoring program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, success, problems, and contingency actions of the compensationproject. The monitoring period shall be five years. The director may require a greater or lesser monitoring period depending on the overall scope of mitigation; (9) Contingency plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met; and (10)Financial guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with Chapter 19.25 FWRC. 19.145.150 Critical area tracts and designation on site plans. (1) Critical area tracts shall be used to delineate and protect critical areas and buffers for subdivision, short subdivision, or binding site plan proposals. The tracts shall also be recorded on all documents of title of record for the affected lots. The following critical areas are subject to this section: (a)All landslide hazard areas and buffers, except those subdivisions utilizing lot size averaging methods pursuant to FWRC 19.120.110; (b) All wetlands and buffers; and (c) All fish and wildlife habitat conservation areas and buffers. Ordinance No. 15-797 Page 36 of 62 2 Critical area tracts shall be desi_nated on the slat. A slat note shall include the followin. restriction: Native preservation shall be preserved for the purpose of preventing harm to property and the environment, including but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants,fish, and animal habitat. Removal or disturbance ve_etation and landsca sin_ within the tract is prohibited except as necessar or maintenance or replacement with approval by the City of Federal Way. (3)The city may require that any required critical area tract be dedicated to the city; held in an undivided interest by each property owner within the development with the ownership interest passing with the ownership of the lot; or held by an incorporated homeowners association or other legal entity that ensures the ownership, maintenance, and protection of the tract. (4) Site plans submitted as part of development proposals use processes I through V and building permits shall include and delineate all critical areas with their associated buffers and building setbacks. Site plans shall be attached to the notice on title required by FWRC 19.145.170. 19.145.160 Building setbacks. Unless otherwise provided, structures shall be setback a distance of five-feet from the edges of a critical area buffer. The following may be allowed in the building setback area: (1) Landscaping; (2) Building overhangs; and (3)Fences and railings six-feet and less in height. 19.145.170 Notice on title. The owner of any property containing critical areas or buffers on which a development proposal is submitted or any property on which mitigation is established as a result of development, except a public right-of-way or the site of a permanent public facility, shall file a notice approved by the city with the King County Recorder's Office. The required contents and form of the notice shall be determined by the director. The notice shall inform the public of the presence of critical areas, buffers or mitigation sites on the property, and that limitations on actions in or affecting such critical areas or buffers may exist. The notice shall run with the land. 19.145.180 Critical area markers, signs, and fences. (1)Markers. Permanent survey stakes delineating the boundary between adjoining property and critical area tracts shall be set, using markers capable of being magnetically located and as established by current survey standards. (2)Signs. Development proposals approved by the city shall require that the boundary between a critical area buffer and contiguous land shall be identified with permanent signs. Permanent signs shall be a city-approved type designed for high durability. Signs must be posted at an interval of one per lot or every 150 feet, whichever is less, and must be maintained by the property owner or homeowners' association in perpetuity. The wording, number and placement of the signs may be modified by the director based on specific site conditions. (3)Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances: (a)As part of any development proposal for: (i) Plats; Ordinance No. 15-797 Page 37 of 62 (ii) Short plats; (iii) Parks; (iv) Other development proposals, including but not limited to multifamily,mixed use, and commercial development where the director determines that such fencing is necessary to protect the functions of the critical area (b) When buffer reductions are employed aspart of a development proposal; (c) When buffer averaging is employed as part of a development proposal; and (d)At the director's discretion to protect the values and functions of a critical area. 19.145.190 Physical barriers. The applicant shall install a berm, curb, or other physical barrier during construction to prevent direct runoff and erosion from any disturbed area onto or into a critical area. If necessary,the applicant shall install a berm, curb, or other physical barrier following completion of development of the subjectproperty to prevent direct runoff and erosion from any disturbed area onto or into a critical area. 19.145.200 Time limitation. The city may limit development activities that involve any clearing and grading to specific months of the year and to a maximum number of continuous days or hours in order to minimize adverse impacts. 19.145.210 Other requirements. The city may require other construction techniques, conditions, and restrictions on development in order to minimize adverse impacts on critical areas. Article II. Geologically Hazardous Areas 19.145.220 Applicability and designation. (1) This article regulates development activities on or within 50 feet of a geologically hazardous area. (2) Geologically hazardous areas include areas susceptible to erosion, land sliding, seismic, or other geological events. Areas susceptible to one or more of the following types of hazards shall be designated as geologically hazardous areas: (a) Landslide hazard; (b) Erosion hazard; and (c) Seismic hazard. (3) The director may permit development activities on or within 50 feet of a geologically hazardous area if the development will not be at risk of damage due to the geologic hazard and will not lead to or create any increased slide, seismic or erosion hazard. 19.145.230 Landslide hazard areas protection measures. (1) Landslide hazard areas shall have a standard buffer of 50 feet. (2) Landslide hazard area buffers shall be measured from the top and toe, and along the sides of the slope. (3) The width of the buffer shall reflect the sensitivity of the landslide hazard area and the types Ordinance No. 15-797 Page 38 of 62 and density of uses proposed on or adjacent to the hazard. In determining the appropriate buffer width, the director shall consider the recommendations contained in the critical areas report. (4) Buffers and setbacks may be reduced or improvements may be located in a landslide hazard area when a qualified professional demonstrates to the director's satisfaction that the improvements will not lead to or create any increased slide hazard or be at risk of damage by the landslide hazard. (5) The buffer may be increased where the director determines a larger buffer is necessary to prevent risk of damage to proposed and existing improvements. 19.145.240 Erosion and seismic hazard areas protection measures. (1) Erosion hazard areas and seismic hazard areas do not contain standard buffers. (2)All proposed improvements within an erosion hazard area or seismic hazard area shall follow the recommendations within the critical area report to ensure the improvements will not adversely affect geologic hazards and the improvements are at minimal risk by the geologic hazard as stated by a geotechnical engineer or engineering geologist licensed in the state, as designed under anticipated conditions. (3) Proposed improvements within an erosion hazard area shall also demonstrate all of the following via the critical area report: (a) The improvement will not increase surface water discharge or sedimentation to adjacent properties and/or stormwater systems bend predevelopment conditions; (b) The improvement will not decrease slope stability on adjacent properties; and (c) The improvement will not adversely impact other critical areas. 19.145.250 Additional report requirements—Geologically hazardous areas. (1) Before approving any development under this article,the city may require the applicant to submit the following information in addition to the critical areas report: (a) A geotechnical report prepared by a geotechnical engineer or engineering geologist licensed in the state that describes how the proposed development will impact or be impacted by 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; and (v) Existing vegetation. (b) A site plan, in two-foot contours,that identifies the type and extent of geologically hazardous areas onsite and offsite that are likely to impact or be impacted by the proposal. c Recommended foundation desi_n and ostimal location for roadwa improvements. (d) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (e)Any other information the city determines is reasonably necessary to evaluate the proposal. (2) If the city approves any development under this section, it may, among other appropriate conditions, impose the following_conditions of approval: (a) The recommendations of the geotechnical report are followed; (b) A geotechnical engineer or engineering geologist be present on-site during all development activities. As an alternative, the city may require minimal site visits by the geotechnical engineer Ordinance No. 15-797 Page 39 of 62 or engineering geologist to establish proper methods techniques and adherence to plan drawings; (c) Trees, shrubs and groundcover are retained except where necessary for approved development activities on the subject property; (d)Additional vegetation is planted in disturbed areas; and (e) Submit a letter by the geotechnical engineer or engineering geologist stating that they have reviewed the project plan drawings and in their opinion the plans and specifications meet the intent of the geotechnical report. Article III. Fish and Wildlife Habitat Conservation Areas 19.145.260 Applicability, designation, and classification. (1) This article regulates development in fish and wildlife habitat conservation areas ("FWHCA")and their associated buffers. FWHCAs in the city include subsections (2)through (6) of this section. All areas within the city meeting one or more of these criteria, regardless of an formal identification are hereb designated critical areas and are sub'ect to the .rovisions of this chapter and shall be managed consistent with best available science, such as the Washington Department of Fish and Wildlife's Management Recommendations for Priority Habitats and Species. (2)Streams. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030), which is hereby adopted in its entirety by reference and summarized as follows: (a)Type S: streams inventoried as "shorelines of the state"under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW; (b) Type F: streams that contain fish habitat; (c) Type Np: perennial non-fish habitat streams; and (d) Type Ns: seasonal non-fish habitat streams. (3)Regulated lakes. Those lakes that are less than 20 acres in size and not regulated as shorelines of the state. (4)Areas with state or federally designated endangered, threatened, and sensitive species have a primary association. (a) Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status. (b) State-designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington Department of Fish and Wildlife,that are in danger of extinction,threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their ran'e within the state without coo.erative mana'ement or removal of threats. State-desi s nated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 state endan•ered s s ecies and WAC 232-12-011 state threatened and sensitive s s ecies . The state Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status. (5)State priority habitats and areas associated with state priority species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require Ordinance No. 15-797 Page 40 of 62 protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the state Department of Fish and Wildlife. (6)Habitats and species of local importance. Habitats and species of local importance are those identified by the city of Federal Way, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element where a species has a primary association, and if altered ma reduce the likelihood that the species will maintain and re.roduce over the lone. term. 19.145.270 Stream buffers. (1)No development may take place within a stream or within the following buffer areas except as allowed within this chapter. Buffer widths shall be measured outward on a horizontal plane from the ordinary high water mark or top of bank if the ordinary high water mark cannot be identified: (a) Type F Stream— 100 feet (b) Type Np Stream—50 feet (c) Type Ns Stream—35 feet (2) The buffer areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of development of the subject property. (3) Trails. The director may provide written approval for passive pedestrian recreation facilities designed in accordance with an approved critical area report and the following standards: (a) Trails are composed of pervious surfaces no more than five-feet in width. Raised boardwalks and wildlife viewing structures composed of non-treated pilings may also be considered. (b) Trails are generally located within the outer 25 percent of the buffer; and (c) Trails shall avoid the removal of mature trees. (4)Permanently altered buffer. The director may provide written approval for a buffer reduction when existin e. conditions are such that .ortions of the re.uired buffer exist in a .ermanentl altered state (e.g., roadways, paved parking lots, and permanent structures) and do not provide any buffer function. The buffer may be reduced up to the area where the altered conditions exist. (5) The director may require increased buffer widths that are necessary to protect habitat, health, safety, and welfare on site specific areas as follows: (a) When the director determines that the buffer width is insufficient to prevent habitat degradation; (b) When a channel migration zone is present. The stream buffer width shall be measured from the outer edge of the channel migration zone; or (c) When the stream buffer area is within an erosion or landslide hazard area. 19.145.280 Stream relocation. (1)Relocation of a stream will be permitted only as part of a public project for which an essential p12.ic_ ublic utilities, or other public improvements has been granted a partial Ordinance No. 15-797 Page 41 of 62 exemption from the director or if the relocation is associated with compensatory mitigation or restoration project. Any proposed relocation is subject to all of the conditions and restrictions of this section. (2)As part of any request under this section,the applicant must submit a stream relocation plan with the critical areas report 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 sub-channel, 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; and (j)A proposed phasing plan specifying time of year for allproject 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 the equivalent or improved by the relocation. Convenience to the applicant in order to facilitate general site design shall not be considered. (5) Prior to diverting water into the new channel, a qualified professional shall inspect the new channel following its completion and issue a written report to the director 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 19.145.290 Streambank stabilization. (1) Streambank stabilization may not be located in or along a stream except as established in this section. (2) A request for streambank stabilization in or along the stream will be reviewed and decided upon using process III in Chapter 19.65 FWRC. (3)A request to install streambank stabilization in or along the stream will only be granted if the naturally occurring movement threatens existing improvements, unique natural resources, or the only feasible access to the subject property. (4) Streambank stabilization shall be achieved through bioengineering or soft armoring techniques in accordance with an approved critical area report. 19.145.300 Culverts. (1) Culverts are permitted in streams only if approved under this section. This section applies to culverts not associated with a stream crossing that are regulated under FWRC 19.145.320. (2) The city will review and decide upon applications under this section using process IV in Chapter 19.70 FWRC. Responses to decisional criteria and design requirements within this section shall be included in the critical areas report. (3) The city will allow a stream to be put in a culvert only if: Ordinance No. 15-797 Page 42 of 62 (a)Mitigation habitat is equivalent or improved from the pre-existing condition; and (b) It is necessary for some reasonable use of the subject property. Convenience to the applicant in order to facilitate general site design will not be considered. The applicant must demonstrate, by submitting alternative site plans showing the stream in an open condition, that no other reasonable site design exists. (4) The culvert must be designed and installed consistent with the requirements of the Washington Department of Fish and Wildlife (WDFW, 2013, Water Crossing Design Guidelines, as amended). 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 so as to allow free passage of water and, if applicable, fish. The city may require a bond under Chapter 19.25 FWRC to ensure maintenance of the culvert approved under this section. 19.145.310 Removal of streams from culverts. If development of the subject property requires city approval,the city may require the stream to be taken out of the culvert and restored to a natural-like configuration as part of the city's approval of development of the subject property. 19.145.320 Stream crossings. (1) Stream crossings will be reviewed and decided upon using process III in Chapter 19.65 FWRC. Responses to decisional criteria and design requirements in this section shall be included in the critical areas report. (2) The use of existing crossings across streams or buffers is preferred to new crossings. New stream crossings may be allowed and may encroach on the required stream buffer if: (a) Bridges, stream simulation culverts, or other appropriate methods demonstrated to provide fisheries protection shall be used for stream crossings and the applicant shall demonstrate that such methods and their implementation will pose no harm to the stream habitat or inhibit migration of fish; (b) All crossings are constructed during the summer low flow and are timed to avoid stream disturbance during periods when use is critical to salmonids, if present; (c) Crossings do not occur over spawning areas used by salmonids unless the city determines that no other possible crossing site exists; (d) Bridge piers or abutments are not placed within the ordinary high water mark; (e) Crossings do not diminish the flood-carrying capacity of the stream; (f) Crossings are consistent with design requirements of the Washington Department of Fish and Wildlife (WDFW, 2013, Water Crossing Design Guidelines, as amended); (g) Underground utility crossings are laterally drilled and located at a depth of four feet below the maximum depth of scour for the base flood predicted by a civil engineer licensed in the State of Washington. Temporary bore pits to perform such crossings may be permitted within the stream buffer established in this chapter; (h) The number of crossings is minimized and consolidated to serve multiple purposes and properties whenever possible; (i) Disturbances to the stream buffer are adequately compensated by a stream buffer enhancement plan; and (j)No reasonable alternative exists to access the subject property. Ordinance No. 15-797 Page 43 of 62 19.145.330 Intrusion into stream buffers. (1)A request for an intrusion into a stream buffer will be reviewed and decided upon using process III in Chapter 19.65 FWRC. Responses to decisional criteria and design requirements in this section shall be included in the critical areas report. (2) Stream buffer intrusions may be permitted with a buffer enhancement plan. The applicant shall demonstrate that the remaining and enhanced reduced buffer will function at an equivalent or higher level than the standard buffer. The plan shall provide an assessment of the following existing functions and conditions of the buffer and the effects of the proposed modification on those functions: (a) Habitat; (b) Water quality; (c) Stormwater retention capabilities; (d) Groundwater recharge; and (e) Erosion protection. (3) The city may approve a stream buffer intrusion 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 buffer 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; and (e) It will not be materially detrimental to any other property in the area of the subject property, Y Y p subject to the city as a whole; and (f) It is necessary for reasonable development of the subject property. 19.145.340 Requirements for clearing and grading. Any permitted clearing and grading activities within a stream or stream buffer area shall also p g g g comply with following requirements of this section. (1) Grading is allowed only during the dry season (May 1 to Oct 1). The director may extend or shorten the dry season on a case-by-case basis, determined on actual weather conditions. (2) The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, any soil disturbed shall be redistributed to other areas of the project area. (3) The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces. (4) Erosion and sediment control that meets requirements of Title 16 FWRC. (5) All fill material used must be non-dissolving and non-decomposing. The fill material must not contain organic or inorganic material that would be detrimental to water quality or the existing habitat. 6 The a licant ma de osit dred e s oils on the subject ro ert onl if art of an a roved ( ) pp �p �p J p p � �p p development on the subject property. (7) The applicant shall stabilize all areas left exposed aft er clearingaand rg ading activities with native vegetation normally associated with the stream or buffer area. 19.145.350 Regulated lake buffers. (1)No development may take place within regulated lakes or within buffer areas from regulated Ordinance No. 15-797 Page 44 of 62 lakes except as allowed in this chapter. (2)All areas landward 25 feet in every direction from the ordinary high water mark of a regulated lake are within the buffer area from a regulated lake. 19.145.360 Development waterward of the ordinary high water mark of regulated lakes. This section regulates structures, improvements and activities waterward of the ordinary high water mark of regulated lakes. Responses to decisional criteria and design requirements within this section shall be included in the critical areas report. (1)Dredging and filling. Dredging activities necessary to prevent eutrophication may be authorized by the director with a critical areas report that demonstrates the appropriate need and method of dredging. 2 Structures and improvements. The onl structures or improvements that ma be located waterward of the ordinary high water mark of a regulated lake are moorage structures. The city will review and decide upon any proposal for a moorage structure waterward of the ordinary high water mark using process III in Chapter 19.65 FWRC. The city may grant a request under this section if the moorage structure is accessory to a dwelling unit or public park on the subject property and no significant habitat area will be damaged by its construction or use. A moorage structure, if permitted, may not extend waterward further than is reasonably necessary to function properly, but in no event more than 200 feet waterward of the ordinary high water mark. Moorage structures may not be treated with creosote, oil base or other toxic substances. The top of the moorage structure may not be more than two feet above the elevation of the ordinary high water mark. 19.145.370 Development within regulated lake buffers. No development may be located or take place within the buffer area from a regulated lake except as allowed in this section. Responses to decisional criteria and design requirements within this section shall be included in the critical areas report. (1)Landscaping and clearing and grading. Except as otherwise specifically permitted in this section, the buffer area from a regulated lake may not be covered with an impervious surface. Installation and maintenance of normal residential or park-like landscaping may take place within the required buffer area; provided, that no fertilizers est icid es o r other chemicals or substances are applied within the buffer area that will degrade water quality or hasten eutrophication of the lake. Development beyond installation and maintenance of normal residential or park-like landscaping may only be permitted within the buffer area if approved through use process III in Chapter 19.65 FWRC based on the following criteria: (a) The proposed development is necessary for the reasonable use of the subject property. (b) The proposed development will not increase or decrease the size of the regulated lake. (c) The proposed development will not change the points where any water enters or leaves the subject property nor in any way change drainage patterns to or from adjacent properties. (d) The proposed development will not be detrimental to water quality or habitats in or around the lake. (2)Minor structures and improvements. Minor improvements such as walkways, benches, platforms for storage of boats and storage lockers for paddles, oars, life preservers and similar boating equipment may be located within the buffer area if approved through use process I in Chapter 19.55 FWRC based on the following criteria: Ordinance No. 15-797 Page 45 of 62 (a) The minor improvement will not adversely affect water quality. (b) The minor improvement will not destroy nor damage a significant habitat area. (c) The minor improvement will not adversely affect drainage or stormwater retention capabilities. (d) The minor improvement will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole. (3) Other intrusions. (a) Where the properties immediately abutting the subject property have dwelling units that extend into the buffer area, the applicant may construct a dwelling unit on the subject property that extends into this buffer area to the extent permitted in subsection(3)(b) of this section. (b) Where subsection (3)(a)of this section applies, the dwelling unit on the subject property may be no closer to the ordinary high water mark of the regulated lake than the average of the distance of the two dwelling units on the properties immediately abutting the subject property. If one of the properties immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that abutting property is more than 25 feet from the ordinary high water mark of the regulated lake, the setback of the dwelling unit on that lot will be presumed to be 25 feet for the purposes of calculating the permissible location for the dwelling unit on the subject property under this section. (4)Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with appropriate vegetation. 19.145.380 Regulated lake bulkheads. (1) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of this section. (2)Required permit. The city will review and decide upon an application under this section using process III in Chapter 19.65 FWRC. Responses to decisional criteria and design requirements within this section shall be included in the critical areas report. 13) Criteria. The city may permit a bulkhead to be constructed only if: (a) The bulkhead is needed to prevent significant erosion. (b) The use of vegetation or soft stabilization techniques will not sufficiently stabilize the shoreline to prevent the significant erosion. (4)Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes in the horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be designed to minimize the transmittal of wave energy to other properties. 19.145.390 Fish protection measures. (1)All activities, uses, and alterations proposed to be located in water bodies used by fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to the following standards: (a)Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife; (b) The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; (c) Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical area report. Ordinance No. 15-797 Page 46 of 62 (2) Structures that prevent the migration of fish shall not be allowed in the portion of water bodies currently or historically used by fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. 19.145.400 Endangered,threatened,and sensitive species protection measures. (1)No development shall be allowed within a habitat conservation area or buffer where state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by Washington Department of Fish and Wildlife or applicable state or federal agency. (2) Whenever activities are proposed adjacent to a habitat conservation area where state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the city. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife and other appropriate federal or state agencies. Article IV. Wetlands 19.145.410 Wetland identification and delineation. (1) Generally. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the city meeting the wetland designation criteria are hereby designated critical areas and are subject to the provisions of this chapter. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. (2)Evaluation. If the city determines that a wetland may exist on or within 225 feet of the subject property, the director may require the applicant to submit a wetland report prepared by a qualified professional. The written report and the accompanying plan sheets shall contain the following information: (a) Critical area report information identified in FWRC 19.145.080. (b) Identification of all local, state, and/or federal wetland related permit(s) required for the proposal. (c) Documentation of fieldwork, including field data sheets,rating system forms, and baseline hydrologic data. (d) Description of the methodologies used to conduct the wetland delineations, rating system forms, or impact analyses, including references. (e) Identification and characterization of all wetlands and buffers on and within 225 feet of the subject property. For offsite areas with limited or no access, estimate conditions using best available information. (f) Provide the following for each wetland identified on and/or within 225 feet of the subject •ro•ert . Acrea_e estimates classifications and ratin•s shall be based on entire wetland complexes, not only the portion present on the subject property: (i) Wetland rating and score for each function; Ordinance No. 15-797 Page 47 of 62 (ii)Required buffers; (iii) Hydrogeomorphic classification; (iv) Wetland acreage; (v) Cowardin classification of vegetation communities; (vi) Habitat elements; (vii) Soil conditions based on site assessment and/or soil survey information; and (viii) To the extent possible, hydrologic information such as location and condition of inlet/ outlets, estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g. algal mats, drift lines, and flood debris.). (h) An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets. 19.145.420 Wetland rating and buffers. (1)Rating. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating Systemfor Western Washington—2014 Update (Ecology Publication#14-06-029, or as revised and approved by Ecology), which contains the definitions and methods for determining whether the criteria below are met: (a) Category I wetlands represent a unique or rare wetland type; are more sensitive to disturbance than most wetlands; are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or provide a high level of function. The following types of wetlands are Category I: (i) Wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/Department of Natural Resources; (ii)Bogs; (iii) Wetlands with mature and old growth forests larger than one acre; and (iv) Wetlands that perform functions at high levels (wetlands that score 23points or more based on functions). (b) Category II wetlands are difficult though not impossible to replace and provide high levels of some functions. Category II wetlands are those wetlands that score between 20-22points based on functions. (c) Category III wetlands are wetlands with a moderate level of functions that score between 16- 19 points based on functions. (d) Category IV wetlands are wetlands with the lowest level of functions (scoring less than 16 points based on functions) and are often heavily disturbed. 2 Wetland buffers shall be measured •e .endicular from the wetland boundar as delineated and marked in the field. Buffer widths are established as follows: Minimum Buffer Buffer Buffer Width Width Width Buffer Width Wetland Category wetland (wetland (wetland (wetland scores 3-4 scores 5 scores 6-7 scores 8-9 habitat habitat habitat habitat points) oints points) points) Ordinance No. 15-797 Page 48 of 62 Category I: Bogs and Wetlands of 190 feet 190 feet 190 feet 225 feet High Conservation Value Category I: Forested and based on 75 feet 105 feet 165 feet 225 feet function score. Category II 75 feet 105 feet 165 feet 225 feet Category III 60 feet 105 feet 165 feet 225 feet Category IV 40 feet 40 feet 40 feet 40 feet (3)No wetland buffer is required for those isolated wetlands 1,000 square feet or less in total area. (4)All compensatory mitigation sites shall have buffers consistent with the buffer requirements of this section. Buffers shall be based on the expected or target category of the proposed wetland mitigation site. (5) Lighting shall be directed away from wetland buffers unless otherwise determined by the director. (6) All lots approved in a recorded subdivision or binding site plan that contain wetlands and their associated buffer in a Native Growth Protection Easement or tract may be improved pursuant to easement or tract boundaries established in the plat regardless of subsequent regulatory buffer increases or natural migration. (7) All wetland and wetland buffer boundaries shown on an approved use process decision and/or building permit shall be honored regardless of subsequent regulatory buffer increases or natural migration. 19.145.430 Development within wetlands. (1) Generally. No development or improvement may be located within a wetland except as provided in this section. (2)Development within wetlands. The specific location and extent of development within a wetland must constitute the minimum necessary encroachment as determined through application of mitigation sequencing set forth in FWRC 19.145.130. The city will review and decide upon development within a wetland using process IV in Chapter 19.70 FWRC, based on the following criteria: (a) It will not adversely affect drainage or stormwater retention capabilities; (b) It will not lead to unstable earth conditions nor create erosion hazards; (c) It will not be materially detrimental to any other propert y in the area of the subject propert y nor to the city as a whole, including the loss of open space; (d) It will result in no net loss of wetland area, function or value upon completion of compensatory mitigation; (e) The project is in the best interest of the public health, safety or welfare; (f) The applicant has demonstrated sufficient scientific expertise and supervisory capability to Ordinance No. 15-797 Page 49 of 62 carry out the project; and (g) The applicant is committed to monitoring theproject and to making corrections if the project fails to meet projected goals. (3)Requirementsfor compensatory mitigation. Compensatory mitigation shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans— Version 1, (Ecology Publication#06- 06-011b or as revised) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication#09-06-32). (4)Mitigation. Acceptable methods to mitigate wetland impacts include creation, re- establishment, rehabilitation, and enhancement of in-kind wetland types within the same drainage basin that results in no net loss of wetland area, function, or value. If approved by the city, the applicant may locate a portion or all of the compensatory mitigation using alternative mitigation including, but not limited to, an approved and certified in-lieu fee program or mitigation bank, and/or advanced mitigation if it is determined that off-site, out-of-basin, and/or out-of-kind mitigation would provide a greater overall benefit to the watershed and not result in adverse impacts to the city's stormwater management system and/or wildlife habitat. Alternative mitigation methods are discretionary and may become an option following an operating agreement between the city and mitigation receiving area. (a)In-lieu fee. Credits from an in-lieu fee program approved under state and federal rules may be used at the discretion of the city and when all of the following are met: (i)The city determines that it would provide environmentally appropriate compensation for the proposed impacts; (ii) The proposed use of credits is consistent with the terms and conditions of the approved in- lieu fee program instrument; and (iii)The compensatory mitigation agreement occurs in advance of the authorized impacts. (b)Mitigation bank. Credits from a wetland mitigation bank that is certified under state rules may be used at the discretion of the city and when all of the following are met: Y Y g (i) The city determines that it would provide environmentally appropriate compensation for the proposed impacts; (ii) The proposed use of credits and replacement ratios are consistent with the terms and conditions of the certified bank instrument; and (iii) The compensatory mitigation agreement occurs in advance of the authorized impacts. (c)Advance mitigation. Mitigation for projects with pre-identified impacts to wetlands may be constructed in advance of the impacts at the discretion of the city and if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations. (5) Wetland mitigation ratios. The following are ratios for providing creation, re-establishment, rehabilitation, or enhancement of impacted wetlands. Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment pursuant to Table 1 a, Wetland Mitigation in Washington State—Part 1:Agency Policies and Guidance—Version 1, (Ecology Publication#06-06-11 a, or as revised). Creation, re- establishment,rehabilitation, and enhancement definitions and intent shall be pursuant to Ecology Publication#06-06-11 a, or as revised. Ordinance No. 15-797 Page 50 of 62 Category and Type Creation or Rehabilitation Enhancement of Wetland Re-establishment Category I: High Not considered conservation value possible Case-by-case Case-by-case and bogs Category I: Mature and old growth forests g reater than 6:1 12:1 24:1 one-acre Category I: Based on 16:1 functions 41 8_1 Category II 3:1 6:1 12:1 Category III 2:1 4:1 8:1 Category IV 1.5:1 3:1 6:1 Mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report(Ecology Publication#10-06-011, or as revised) if approved by the director. (6) Compensatory mitigation plan. As part of any request under this section, the applicant shall submit a mitigation plan prepared by a qualified professional that includes the following minimum standards: (a) Contents of wetland delineation report identified in FWRC 19.145.410(2) (b) Compensatory mitigation written report and plan sheets. Full guidance on the following report requirements can be found in Wetland Mitigation in Washington State-Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication 406-06-011b, or as revised): (i) Description of how the project design has been modified to avoid, minimize, or reduce adverse impacts to wetlands; (ii) Description of the existing wetland and buffer areas proposed to be altered. Include acreage., water regime,vegetation, soils, landscape position, surrounding land uses, and functions. Describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating; (iii) Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing condition: acreage of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. (iv) Description of the proposed actions for compensation of wetland and upland areas affected by the .ro'ect. Include overall •oals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories ories of wetlands; (v)Description of the proposed mitigation construction activities and timing of activities; (vi) Discussion of ongoing management practices that will protect wetlands after the subject Ordinance No. 15-797 Page 51 of 62 property has been developed, including proposed monitoring and maintenance programs; and (vii) Bond estimate for the entire compensatory mitigation project, including the following elements: site preparation; plant materials, construction materials, installation oversight, maintenance twice per year for up to five-years, annual monitoring field work and reporting, and contingency action for a maximum of the total required number of years for monitoring. fc) Scaled plan sheets for the compensatory mitigation that contains the following contents: (i) Surveyed edges of the existing wetland and buffer, proposed areas of wetland impacts, location of proposed wetland compensation actions. (ii) Existing and proposed topography measured at two foot intervals in the proposed compensation area. Existing and proposed cross sections of the proposed compensation area and impact area measured in one-foot intervals. (iii) Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions. (iv) Conditions expected from the proposed actions on site, including hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes. (v) Required wetland buffers for existing wetlands andproposed compensation areas. (vi) Plant schedule for compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation. (vii) Performance standards that provide measurable benchmarks reflective of years post- installation for upland and wetland communities, monitoring schedule, and maintenance schedule. (d) Alternative mitigation plans (in-lieu fee, mitigation banks, and advanced mitigation) shall provide items (a), (b)(i) and (ii) from this subsection, responses to FWRC 19.145.430(4) (a), (b), or(c), and any other information deemed necessary by the city to adequately consider the alternative mitigation proposal. 7 Monitorin_. Miti.ation monitorin. shall be ref uired for a minimum of five ears to establish that performance standards have been met. The mitigation plan shall include monitoring elements that ensure certainty of success for theproposal's natural resource values and functions. The applicant remains responsible for restoration of the natural resource values and functions if the mitigation goals are not obtained with the five-year monitoring period. Additional monitoring and corrective actions may be required by the director in order to meet goals within the approved mitigation plan. 19.145.440 Development within wetland buffers. (1) Generally. Except as allowed in this section, no development or improvement may be located within a wetland buffer. (2) Trails. The director may provide written approval for passive pedestrian recreation facilities designed in accordance with an approved critical area report and the following standards: (a) Trails are composed ofpervious surfaces no more than five feet in width. Raised boardwalks and wildlife viewing structures composed of non-treated pilings may also be considered. (b)Trails are generally located parallel to the perimeter of the wetland and within the outer 25 Ordinance No. 15-797 Page 52 of 62 percent of the buffer; and (c) Trails shall avoid the removal of mature trees. (3)Stormwater managemen facilities. The director may provide written approval for stormwater management facilities limited to stormwater dispersion outfalls and bioswales within the outer 25 percent of the buffer of Category III and IV wetlands if the location of such facilities will not degrade the functions or values of the wetland. (4)Permanently altered buffer. The director may provide written approval for a buffer reduction when existing conditions are such that portions of the required buffer exist in a permanently altered state (e.g.,roadways,paved parking lots, and permanent structures) and do not provide any buffer function. The buffer may be reduced up to the area where the altered conditions exist. (5)Buffer averaging. The city will review and decide upon buffer averaging using process III in Chapter 19.65 FWRC, based on the following criteria that shall be added to the critical areas report; (a) The total area of the buffer after averaging is equal to the area required without averaging; (b) The buffer is increased adjacent to the higher functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion; (c) The buffer at its narrowest point is not reduced to less than 75 percent of the required width; and (d)Unless authorized in writing by a consenting neighboring property owner, the averaging will remain on the subject property. (6)Buffer reduction with enhancement. Buffers may be reduced by up to 25 percent on a case- by-case basis; if the project includes a buffer enhancementplan that clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland functions and values. Buffer reductions may not be used in combination with buffer averaging. The city will review and decide upon buffer reductions using process III in 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 or buffer 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; (e) It will not be materially detrimental to any other property or the city as a whole; and (f) All exposed areas are stabilized with native vegetation, as appropriate. A buffer enhancement plan, prepared by a qualified professional, shall be incorporated into the critical area report. The plan shall assess the habitat, water quality, stormwater retention groundwater recharge, and erosion protection functions of the existing buffer; assess the effects of the proposed modification on those functions; and address the six approval criteria of this section. (7)Buffer increases. The director shall require increased buffer widths, on a case-by-case basis, when a larger buffer is necessary to protect 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 the functions and values of the wetland, and/or protection of public health, safety and welfare. Such determination shall be attached as permit conditions. The determination must include but not be limited to the following criteria: (a) The wetland contains habitat for species listed as threatened, endangered, candidate, Ordinance No. 15-797 Page 53 of 62 sensitive, monitored, or documented priority species or habitats by state or federal agencies, and additional buffer is necessary to maintain viable functional habitat; (b) The adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or (c) The adjacent land has minimal vegetative cover or slopes greater than 30 percent. Article V. Critical Aquifer Recharge Areas 19.145.450 Designation. This article regulates development located within designated capture zones. Six-month, one-year, five-year, and ten-year capture zones 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. 19.145.460 Classification of capture zones. The Lakehaven Utility District ("LUD") has designated four capture zones based on proximity to and travel time of groundwater to the city's public water source wells. (1) Six-month capture zone represents the land area overlaying the six month time-of-travel zone of any public water source well owned by LUD. (2) One-year capture zone represents the land area overlaying the one-year time-of-travel zone of any public water source well owned by LUD, excluding_the land area contained in the six month capture zone. (3) Five-year capture zone 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 the six month and one year capture zones. (4) Ten-year capture zone represents the land area overlaying the ten-year time-of-travel zone of any public water source well owned by LUD, excluding the land area contained in the six month, one year, and five year capture zones. 19.145.470 General requirements. (1)Development that will not cause contaminants to enter the aquifer may be permitted in critical aquifer recharge areas. (2 The city shall impose development conditions to prevent degradation of critical aquifer recharge areas. Development conditions shall be based on all 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 Public Health—Seattle and King County. (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"), as amended. 19.145.480 Prohibited development in six month and one year capture zones. (1)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 Ordinance No. 15-797 Page 54 of 62 other deleterious substances shall be prohibited in six month and one year capture zones, 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 Methyl Tertiary Butyl Ether; (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; (j) Primary and secondary metal industries that manufacture,produce, smelt, or refine ferrous and nonferrous metals from molten materials; (k) Wood treatment facilities, including wood preserving and wood products preserving; (1)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)(a)throughln)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 these zones. 19.145.490 Development within critical aquifer recharge areas. (1)Any proposed development located in critical aquifer recharge areas shall submit a hazardous materials inventory statement with a permit, land use, or business license application. Ongoing operation and maintenance activities of public wells by public water providers are exempt from these requirements. (2) The city will review the hazardous materials inventory statement along with the permit, land use, or business license application to determine whether hazardous materials will be used, stored, transported or disposed of in connection with the proposed activity. The city shall make the following determinations and apply the appropriate capture zone protection measures: (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; or (c) Hazardous materials are involved and the proposal has the potential to significantly impact critical aquifer recharge areas. The city may require a hydrogeologic assessment with a critical areas report to be prepared by a qualified professional in order to determine the potential impacts of contamination on the aquifer. The report shall include the following site and proposal-related information: (i) Information regarding geologic and hydrogeologic characteristics of the site, including the surface location of the capture zone in which it is located and the type of infiltration of the site. Ordinance No. 15-797 Page 55 of 62 (ii) Groundwater depth, flow direction, and gradient. iii Location of other critical areas includin. surface waters within 200 feet of the site. (iv)Best management practices and integrated pest management 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. (4)A groundwater monitoring plan may be re 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 wells, 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 critical areas report, h dy rogeoloic assessment the spill containment and response plan, and the groundwater monitoring plan 19.145.500 Capture zone protection measures. (1)Any new or exing stiuse applying for a building permit, land use, or subdivision approval within six month and one-year capture zones, that involves storingihandling,treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall comply with the following standards: (a)Secondary containment. i The owner or o•erator of an facilit or activit shall •rovide secondar 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 Depart ment 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 King County Surface Water Design Manual, as amended b the Cit of Federal Wa and shall be certified for com•liance with the re•uirements of this section by a professional engineer or engineeringeologist 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 will be stored, dispensed, used, or Ordinance No. 15-797 Page 56 of 62 handled on the construction site. Aspart 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 Desi.nation of a .erson on-site during o.eratin_ hours who is res.onsible for suservising 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; (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 will 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 procedures, and/or on-site materials adequate to ensure 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 if required according to state requirements. (2) Development within all capture zones, that involve storing, handling, treating, using, producing, recycling,or disposing of hazardous materials, or other deleterious substances 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, shall be required at loading and unloading areas that store handle treat use .roduce rec cle or dispose of hazardous materials, or other deleterious substances. (c) Fill material shall not contain concentration of contaminants that exceed cleanup standards for soil as specified in the Model Toxics Control Act. 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 fill; (ii) Previous land uses of the source location; and (iii) Whether or not fill to be imported is native, undisturbed soil. Ordinance No. 15-797 Page 57 of 62 (d) All development or redevelopment shall implement best management practices ("BMPs") for water quality and quantity, as approved by the director. Such practices include biofiltration swales and use of oil-water separators, BMPs appropriate to theparticular use proposed, cluster development, and limited impervious surfaces. 19.145.510 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas. Proposed developments with maintained landscaped areas greater than 10,000 square feet in area shall prepare an operations and management manual using best mana eg ment practices (`BMPs") and integrated pest management 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. Article VI. Frequently Flooded Areas 19.145.520 Frequently flooded areas. (1)Frequently flooded areas include all areas of special flood hazard as mapped within the city, and other areas that could be threatened by flooding. The areas of special flood hazard are identified by the Federal Emergency Management Agency in a scientific and engineering report entitled"The Flood Insurance Study for Federal Way," dated May 16, 1995, and any revisions thereto, with an accompanying flood insurance rate map, and any revisions thereto. Based on the landscape of the city, frequently flooded areas occur only along the Puget Sound shoreline and are within the jurisdiction of the shoreline master program, Chapter 15.05 FWRC, Shoreline Management. (2) Development in frequently flooded areas shall be subject to theprovisions in Title 15 FWRC. Section 23. FWRC Chapters 14.30, 19.150, 19.155, 19.160, 19.165, 19.170, 19.175, 19.180, and 19.185 are hereby repealed in their entirety. la Section 24. Severabilit Y. The provisions of this ordinance are declared se p arate 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 any other persons or circumstances. Section 25. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 15-797 Page 58 of 62 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 26. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 27. Effective Date. This ordinance shall be effective June 30, 2015 and publication as provided by law. PASSED by the City Council of the City of Federal Way this 16th day of June, 2015. CITY • - EDERAL WAY 0 /AI R, JIM FERRELL ATTEST: AtilL! 2_...L ./ CIT lop , STEPHANIE COO EY, CMC APPROVED AS TO FORM: 741���ti, for CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 06/11/2015 PASSED BY THE CITY COUNCIL: 06/16/2015 PUBLISHED: 06/19/2015 EFFECTIVE DATE: 06/30/2015 ORDINANCE NO.: 15-797 Ordinance No. 15-797 Page 59 of 62 Exhibit A Best Available Science References Consulted During Consistency Review Brosofke,K.D.,J. Chen,R.J.Naiman, and J.F. Franklin. 1997. Harvesting effects on microclimate gradients from small streams to uplands in western Washington. Ecological Applications 7:1188 to 1200. Bunten, D., A.McMillan, R. Mraz, and J. Sikes. 2012. Wetlands and CAO Updates: Guidance for Small Cities. Western Washington Version. Washington State Department of Ecology Publication No. 10-06-002. October 2012 2nd Revision. Olympia, WA. Castelle,A.J., C. Conolly,M. Emers, E.D. Metz, S. Meyer, M. Witter, S. Mauermann,T.Erickson, S.S. Cooke. 1992. Wetland buffers: use and effectiveness.Adolfson Associates,Inc., Shorelands and Coastal Zone Management Program, Washington Department of Ecology,Olympia, Washington Pub.No. 92-10. Cederholm, C.J. 1994. A suggested landscape approach for salmon and wildlife habitat protection in Western Washington riparian ecosystems. Pages 8-90 in: Carey,A.B. and C. Elliott. 1994. Washington forest landscape management project—progress report.Report No. 1., Washington Department Natural Resources, Olympia, Washington. Corps(U.S. Army Corps of Engineers). 2010.Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains,Valleys, and Coast Region.Version 2. Wetlands Regulatory Assistance Program. May 2010. ERDC/EL TR-10-3. http://www.usace.army.mil/CECW/Documents/cecwo/reg/west mt finalsupp.pdf. Cramer,Michelle L. (managing editor). 2012. Stream Habitat Restoration Guidelines. Co-published by the Washington Departments of Fish and Wildlife,Natural Resources,Transportation and Ecology, Washington State Recreation and Conservation Office,Puget Sound Partnership,and the U.S.Fish and Wildlife Service. Olympia, Washington. CTED(Washington State Department of Community, Trade, and Economic Development).2003. Critical Areas Assistance Handbook: Protecting Critical Areas within the Framework of the Washington Growth Management Act. CTED(Washington State Department of Community, Trade,and Economic Development). 1999. Optional Comprehensive Plan Element for Natural Hazard Reduction. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y- 87-1. U.S.Army Engineer Waterways Experiment Station,Vicksburg, Massachusetts. Erman,D. C.,Newbold,J. C., and Roby, K. B. 1977.Evaluation of streamside buffer strips for protecting aquatic organisms. Tech Completion Report, Contrib. 165. California Water Resour. Center, Univ. of California-Davis, Davis, CA. FEMAT(Forest Ecosystem Management Assessment Team). 1993. Forest ecosystem management: an ecological,economic, and social assessment. U.S. Forest Service,National.Marine Fisheries Ordinance No. 15-797 Page 60 of 62 Service,Bureau of Land Management,U.S.Fish and Wildlife Service,National Park Service, U.S.Environmental Protection Agency.Portland,Oregon, and Washington D.C. Fischer,J., and D.B.Lindenmayer 2007.Landscape modification and habitat fragmentation: a synthesis. Global Ecology and Biogeography,Vol. 16,pp. 265-280. Gerstel,Brunengo,Lingly Jr.,Logan, Shipman,Walsh, Washington Geology,vol 25,no.1 ,March 1997. Granger,T.,T. Hruby,A. McMillan,D.Peters,J. Rubey,D. Sheldon, S. Stanley,E. Stockdale.April 2005.Wetlands in Washington State-Volume 2: Guidance for Protecting and Managing Wetlands. Washington State Department of Ecology. Publication#05-06-008. Olympia,WA. Hruby, T. 2014. Washington State Wetland Rating System for Western Washington: 2014 Update. (Publication#14-06-029). Washington Department of Ecology. Olympia,WA. Johnson,A.W.,and D. Ryba. 1992.A literature review of recommended buffer widths to maintain various functions of stream riparian areas.King County Surface Water Management Division, Seattle, WA. King County. 2011.King County Mitigation Reserves Program In Lieu Fee Program Instrument. Prepared by King County Department of Natural Resources and Parks. October 13, 2011. Kni ght,K.2009. Land Use Planning f o r Salmon, Steelhead and Trout.Washington Department of Fish and Wildlife. Olympia, Washington. Knutson,K. L., and Naef,V. L. 1997.Management recommendations for Washington's priority habitats: Riparian. Washington Department of Fish and Wildlife. 181 pp. Marczak,L.B., T. Sakamaki, S.L. Turvey, I.Deguise, S.L.R. Wood,and J.S. Richardson. 2010.Are forested buffers an effective conservation strategy for riparian fauna?An assessment using meta- analysis. Ecological Applications,20(1)pp. 126-134. May, C.W. 2000.Protection of stream-riparian ecosystems: a review of best available science.Prepared for Kitsap County Natural Resources Coordinator. July 2000. May, C.W. 2003. Stream-riparian ecosystems in Puget Sound lowland eco-region: A review of best available science. Watershed Ecology LLC. Mayer,P.M., S.K.Reynolds,M.D. McCutchen, and T.J. Canfield. 2006.Riparian buffer width, vegetative cover, and nitrogen removal effectiveness: A review of current science and regulations. EPA/600/R-05/118. Cincinnati, OH,U.S. Environmental Protection Agency,2006. Moring, J. R. 1982. Decrease in stream gravel permeability after clear-cut logging: An indication of intragravel conditions for developing salmonid eggs and alevins. Hydrobiologia 88,295-298. National Resource Council(NRC). 2001. Compensating for Wetland Losses Under the Clean Water Act. The National Academies Press. Washington, DC. http://www.nap.edu/ Osborne,J. L.and D. A.Kovacic. 1993. Riparian vegetated buffer strips in water-quality restoration and stream management. Freshwater Biology 29:243-258. Ordinance No. 15-797 Page 61 of 62 Pollack,M.M.and P.M. Kennard. 1998. A low-risk strategy for preserving riparian buffers needed to protect and restore salmonid habitat in forested watersheds of Washington State. The Bullitt Foundation, Washington Environmental Council, and Point-No-Point Treaty Council. Sheldon,D.,T.Hruby,P. Johnson,K. Harper,A.McMillan,T. Granger, S. Stanley,and E. Stockdale. March 2005. Wetlands in Washington State-Volume 1: A Synthesis of the Science. Washington State Department of Ecology.Publication#05-06-006. Olympia,WA. Spence, B.C.,Lomnicky, G.A.,Hughes,R.M., and Novitzki,R.P. 1996. An ecosystem approach to salmonid conservation. ManTech Environmental Research Services Corporation. TR-4501-96- 6057. [Online]htt ://www.nwr.noaa. ov/l habcon/habweb/hab uide/ManTech/front.htm#TOC U.S. Army Corps of Engineers(USACE)and U.S.Environmental Protection Agency(U.S. EPA). 2008. Compensatory Mitigation for Losses of Aquatic Resources. Final Rule. Federal Register 73(70): 19594-19705. Washington State Department of Ecology(Ecology), U.S.Army Corps of Engineers(USACE), and US Environmental Protection Agency(U.S. EPA). 2006. Wetland Mitigation in Washington State. http://www.ecy.wa.gov/pubs/0606011a.pdf Washington State Department of Ecology(Ecology),U.S. Army Corps of Engineers(USACE), and Washington Department of Fish and Wildlife(WDFW). 2012.Advance Permittee-Responsible Mitigation. Ecology Publication No. 12-06-015. https://fortress.wa.gov/ecy/publications/publications/1206015.pdf Washington State Department of Ecology(Ecology). 2008. Making Mitigation Work: The Report of the Mitigation that Works Forum. Ecology Publication No. 08-06-018. g gy https://fortress.wa.gov/ecy/publications/publications/0806018.pdf Washington State Department of Ecology(Ecology). 2012a. Guidance on In-Lieu Fee Mitigation. Ecology Publication No. 12-06-012. https://fortress.wa.gov/ecy/publications/publications/1206012.pdf Washington State Department of Ecology(Ecology). 2012b. Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington. Ecology Publication No. 10-06- 011.https://fortress.wa.gov/ecy/publications/publications/1006011.pdf Wenger, S. 1999.A review of the scientific literature on riparian buffer width, extent and vegetation. Office of Public Service and Outreach,Institute of Ecology,University of Georgia,Athens, Georgia. [Online] http://www.bozeman.net/planning/Zoning/Res_links/buffer_litreview.pdf Ordinance No. 15-797 Page 62 of 62