ORD 16-828 - Adopting 20176 KCSWDMORDINANCE NO. 16 -828
AN ORDINANCE of the City of Federal Way, Washington, relating
to National Pollutant Discharge Elimination System Phase II Permit
Requirements; amending FWRC 16.20.010. (Amending Ordinance
Nos. 09 -630, 99 -352).
WHEREAS, the Washington State Department of Ecology issued the Western
Washington Phase II Municipal Stormwater Permit ( "NPDES Permit ") on August 1, 2012
pursuant to the requirements of the Federal Clean Water Act — National Pollutant Discharge
Elimination System ( "NPDES "); and
WHEREAS, the NPDES Permit requires affected cities and counties, such as the City of
Federal Way, to adopt Storm Water Design Requirements consistent with the terms of the
NPDES permit; and
WHEREAS, the proposed regulatory code amendments will serve to better protect the
City's natural water resources in terms of both water quality and water quantity; and
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to modify the regulatory code to meet the NPDES Permit requirements and that
amending this section is consistent with the applicable provisions of the comprehensive plan; and
is in the best interest of the residents of the City; and
WHEREAS, the City Council desires to adopt the 2016 Federal Way Addendum to the
King County, Washington Surface Water Design Manual, which is attached and incorporated by
this reference;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 16.20.010 is hereby amended to read as follows:
Ordinance No. 16 -828 Page 1 of 28
The 2009 2016 King County, Washington Surface Water Design Manual (KCSWDM),
the 2016 Federal Way Addendum to the King County, Washington Surface Water Design
Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition
of the LID Technical Guidance Manual for Puget Sound, as they exist on the effective
date of the ordinance codified in this chapter or as hereafter amended, are hereby adopted
by this reference. They are referred to in this title respectively as the KCSWDM, Federal
Way Addendum, the KCSPPM and LID Manual.
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. 16 -828 Page 2 of 28
PASSED by the City Council of the City of Federal Way this 6th day of December, 2016.
ATTEST:
CI PHANI
C ERK STE
APPROVED AS TO FORM:
DURTNEY, CMC
CITY ATTORNEY, Acskua Z.'P,man CA
FILED WITH THE CITY CLERK: 11/11/2016
PASSED BY THE CITY COUNCIL: 12/06/2016
PUBLISHED: 12/09/2016
EFFECTIVE DATE: 01/08/2017
ORDINANCE NO.: 16 -828
Ordinance No. 16 -828 Page 3 of 28
CITY OF
Federal Way
Addendum to
The King County
Surface Water Design Manual
Ordinance No. 16 -828 Page 4 of 28
Introduction
This addendum to the 2016 King County, Washington Surface Water Design Manual
(KCSWDM) applies to development and re- development proposals within the City of Federal
Way. The KCSWDM has been adopted to meet the requirements of the Clean Water Act, the
Endangered Species Act, State Growth Management Act, and the City's NPDES Permit. This
addendum includes minor revisions to the KCSWDM to address the differences between King
County's and the City's organization and processes. No major substantive changes have been
made to the KCSWDM in order to maintain equivalency in review requirements and level of
protection provided by the manual.
Addendum Organization
The information presented in this addendum is organized as follows:
Section 1: Terminology: At times King County and City of Federal Way use different
terminology to describe or to refer to equivalent subject matter. This section identifies
these terms and the City of Federal Way's equivalent terminology.
Section 2: Key Revisions: This section specifically identifies the modifications the
City has made to the KCSWDM.
Section 3: Code Reference Tables: King County code is referenced in many places
throughout the KCSWDM. This section identifies these code references and equivalent
City Code where applicable.
Section 4: Reference Materials: This section identifies which reference materials
provided in the KCSWDM are applicable and which are not. It also identifies if
equivalent City of Federal Way reference materials are available.
Section 5: Mapping: City of Federal Way equivalents to the Flow Control
Applications Map and the Water Quality Applications Map are included in this section.
The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City
Sensitive /Critical Areas Map available from the Community Development Planning
Division.
Note: Clarifications and interpretations to the KCSWDM or this addendum will be documented
and made available through policy statements within the City's Development Standards.
Ordinance No. 16 -828 Page 5 of 28
Section 1: Terminology:
At times King County and City of Federal Way use different terminology to describe or to refer
to equivalent subject matter. This section identifies these terms and the City of Federal Way's
equivalent terminology.
Critical Drainage Areas (CDA's) - City of Federal Way (CFW) code has no equivalent term or
designation. Additional requirements to those outlined in the KCSWDM, if any, will be
determined based on information provided in the Technical Information Report for an individual
project by the Public Works Director or their designee.
Department of Development and Environmental Services (DDES) = City of Federal Way
Public Works Department.
Department of Natural Resources and Parks (DNRP) = City of Federal Way Community
Development Department.
Director = City of Federal Way Public Works Director.
Drainage facilities restoration and site stabilization guarantee and drainage defect and
maintenance guarantee = CFW Performance /Maintenance Bond.
King County = City of Federal Way (CFW).
King County Code (KCC) = Federal Way Revised Code (FWRC). Check code reference table
for equivalent code sections.
King County Designated /Identified Water Quality Problem - This determination is made
based on review of historic problems at the subject site by the Public Works Director.
King County Road Standards = City of Federal Way Development Standards Manual.
Master Drainage Planning - Not applicable, no CFW equivalent.
Redevelopment (FWRC 16.05.180)
See Federal Way Revised Code, Section 16.05.180.for the purposes of determining water
quality review requirements
For the purposes of determining flow control and other stormwater review requirements, the
definition of "redevelopment project" identified in the KCSWDM applies.
Sensitive Area Folio = See Sensitive /Critical Areas Map available from the Community
Development Planning Division.
Urban Planned Development = Not applicable, no CFW equivalent.
Ordinance No. 16 -828 Page 6 of 28
Water and Land Resources (WLR) Division = City of Federal Way Surface Water
Management Division.
Zoning Classifications: Where the KCSWDM references Agricultural (A) Zoning, Forest
(F) Zoning, or Rural (R) Zoning - These zoning classifications are intended for areas outside of
the Urban Growth Boundary, therefore the City of Federal Way contains no equivalent zoning.
Refer to city zoning maps to determine which zoning classifications applies to the subject
property.
Ordinance No. 16 -828 Page 7 of 28
Section 2: Key Revisions:
This section includes minor revisions to the KCSWDM to address the differences between King
County's and the City's organization and processes, as well as to ensure equivalency.
Chapter 1: Drainage Review and Requirements
The following steps replace Section 1.1.1 of the KCSWDM:
Section 1.1.1 Projects Requiring Drainage Review
Introduction
The following steps shall be used instead of Section 1.1.1 of the KCSWDM to determine
drainage review requirements within the City of Federal Way. This process has been modified to
meet the City of Federal Way water quality review requirements and thresholds for
redevelopment identified in Federal Way Revised Code (FWRC) 19.30.120, Nonconforming
water quality improvements.
Determining Drainage Review Requirements:
Step 1
Is the project or proposed activity subject to City Code Title 16 (Surface Water Management)
pursuant to FWRC 16.15.010?
16.15.010 Regulated activities.
The following projects or activities are subject to the provisions of this title, unless exempted in
FWRC 16.15.020:
(1) Single-family residential; or
(2) Projects that add 2,000 square feet or more of new impervious surface, replaced
impervious surface or new plus replaced impervious surface; or
(3) Projects that propose 7,000 square feet or more of land disturbing activity; or
(4) Projects that propose to construct or modify a drainage pipe /ditch that is 12 inches or
more in size /depth, or receives surface and stormwater runoff from a drainage
pipe /ditch that is 12 inches or more in size /depth; or
(5) Collection and concentration of surface and stormwater runoff from a drainage area
of more than 5,000 square feet; or
(6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream,
lake, wetland, or closed depression, groundwater recharge area, or other water
quality sensitive area, or a receiving water with a documented water quality problem
as determined by the Public Works Director, based on a written map, policy, water
quality monitoring data or plan in existence or implemented by the director prior to
submission of a redevelopment application which is determined to trigger application
of this subsection, or based on information developed during review of a particular
redevelopment application; or
(7) Projects that involve a change in use, and the changed use has a potential to release a
new pollutant(s) to surface water systems within the city. For the purposes of this
subsection, "new pollutant(s)" means a pollutant that was not discharged at that
Ordinance No. 16 -828 Page 8 of 28
location immediately prior to the change in use, as well as a pollutant that was
discharged in less quantities immediately prior to the change in use;
(8) Projects other than normal maintenance or other than tenant improvements, but
including any increase in gross floor area, in any one consecutive 12 -month period
which exceeds 50 percent of the assessed or appraised value (whichever is greater) of
the structure or improvement; or
(9) Project proposing $100,000 or more of improvements to an existing high use site.
[Note: the dollar amount indicated can be adjusted based on the consumer price index as
identified in the KCSWDM in section 1.1.1.]
Redevelopment projects that are subject to water quality improvements may phase construction
of the improvements as described in FWRC 19.30.120, Non - conforming water quality.
Step 2
Projects Subject to Title 16
Projects subject to Title 16 (Surface Water Management) shall determine water quality and
stormwater review requirements using Sections 1.1.1.A (Step 3) and 1.1.1.B (Step 4) of this
addendum.
Projects Not Subject to Title 16
Projects not subject to Title 16 (Surface Water Management) may still be subject to clearing and
grading review requirements pursuant to International Building Code (IBC) Appendix J and
FWRC 19.120.
Projects which are subject to clearing and grading permit requirements, but do not meet the
thresholds identified in 1.1.1.B, are subject to the Erosion and Sedimentation Control (ESC)
requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable.
Specific ESC requirements shall be determined on a project by project basis during clearing and
grading review.
Those projects exempt from clearing and grading permit requirements, although not required to
be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC)
measures to maintain a stable site and mitigate offsite impacts.
Step 3
1.1.1.A PROJECTS REQUIRING WATER QUALITY REVIEW
Water Quality Review (Core Requirement #8) is required for any proposed project (except those
proposing only maintenance) that is subject to a City of Federal Way development permit or
approval, AND that meets any one of the following conditions:
New Development
1. The project adds or will result in 2,000 square feet or more of new impervious surface; OR
Ordinance No. 16 -828 Page 9 of 28
2. The project proposes 7,000 square feet or more of land disturbing activity; OR
3. The project proposes to construct or modify a drainage pipe /ditch that is 12 inches or more in
size /depth, or receives surface and stormwater runoff from a drainage pipe /ditch that is 12
inches or more in size /depth; OR
4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as
defined in FWRC 14.05 and 19.142.050; OR
5. The project is located within a Critical Drainage Area, OR
Redevelopment t (meeting the definition identified in FWRC 19.30.120)
6. Redevelopment which involves the creation or addition of impervious surfaces having an area
of 5,000 square feet or more; OR
7. Redevelopment which involves the construction or replacement of a building footprint or
other structure having a surface area of 5,000 square feet or more, or which involves the
expansion of a building footprint or other structure by 5,000 square feet of surface area or
more; OR
8. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an
impervious surface, when such redevelopment is not part of a routine maintenance activity;
OR
9. Redevelopment which involves the collection and /or concentration of surface and /or
stormwater runoff from a drainage area of 5,000 square feet or more; OR
10. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland,
or closed depression, groundwater recharge area, or other water quality sensitive area
determined by the Public Works Director, based on a written map, policy, water quality
monitoring data or plan in existence or implemented by the Public Works Director prior to
submission of a redevelopment application which is determined to trigger application of this
subsection, or based on information developed during review of a particular redevelopment
application;
11 Redevelopment which involves a change in use, and the changed use has a potential to
release a new pollutant(s) to surface water systems within the city. For the purposes of this
subsection, "new pollutant(s)" means a pollutant that was not discharged at that location
immediately prior to the change in use, as well as a pollutant that was discharged in less
quantities immediately prior to the change in use;
12. Redevelopment, other than normal maintenance or other than the tenant improvements, but
including any increase in gross floor area, in any one consecutive 12 -month period which
1 "Redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other
than a residential subdivision or maintenance) on a site that is already substantially developed in a manner
consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface
coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance
with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be
done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as
amended. FWRC 19.30.120)
Ordinance No. 16 -828 Page 10 of 28
exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure
or improvement being redeveloped. The applicant may provide an appraisal of the
improvement. The appraisal must be from a source acceptable to the City. The Public Works
Director may require the applicant to provide an appraisal from a second source acceptable to
the City if the assessed valuation appears to be inaccurate or inappropriate. If more than one
appraisal is provided by the applicant or required by the City, the greater of the two amounts
shall be used. For purposes of determining value under this section, improvements required
pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110
(street/sidewalk improvements), this section (nonconforming water quality improvements)
and FWRC 19.135.030 (street /sidewalk improvements) shall not be counted towards the 50
percent threshold which would trigger application of this subsection;
13. Redevelopment of property which drains or discharges to a receiving water that has a
documented water quality problem, as determined by the Public Works Director based on a
map, plan, water quality monitoring data or a written policy in existence or implemented by
the Public Works Director prior to submission of a redevelopment application determined to
trigger application of this subsection, where the Public Works Director determines that the
redevelopment requires additional specific controls to address the documented water quality
problem.
Water Quality Review for "Redevelopment"
Projects meeting the "redevelopment" definition and thresholds identified in this section are
subject to Core Requirement #8 for the entire site 2 pursuant to the city's Nonconformance code
(FWRC 19.30.120). Please note that application of Core Requirement #8 differs between
redevelopment and new development as indicated in Section 1.2.8 of this addendum.
Step 4
1.1.1.B PROJECTS REQUIRING STORMWATER REVIEW
Stormwater Review (KCSWDM's Small Project Drainage Requirements, Core Requirements 1 -9
and Special Requirements 1 -5) is required for any proposed project (except those proposing only
maintenance) that is subject to a City of Federal Way development permit or approval, AND
that meets any one of the following conditions (see Figure 1.1.1.B for flow chart):
1. The project adds or will result in 2,000 square feet or more of new impervious surface,
replaced impervious surface, or new plus replaced impervious surface; OR
2. The project proposes 7,000 square feet or more of land disturbing activity; OR
2 Site (a.k.a. development site) means a single parcel as established by the King County Department
of Assessments, or two or more contiguous parcels that are under common ownership or documented
legal control, used as a single parcel for purposes of applying for authority from King County to carry
out a development/project proposal. For projects located primarily within dedicated rights -of -way, site
includes the entire width of right -of -way within the total length of right -of -way subject to improvements
proposed by the project.
Ordinance No. 16 -828 Page 11 of 28
3. The project proposes to construct or modify a drainage pipe /ditch that is 12 inches or more in
size /depth, or receives surface and stormwater runoff from a drainage pipe /ditch that is 12
inches or more in size /depth; OR
4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as
defined in FWRC 14.05.030 and 19.142.050; OR
5. The project is located within a Critical Drainage Area; OR
6. The project is a redevelopment project 3 proposing $100,0004 or more of improvements to an
existing high -use site; OR
7. The project is a redevelopment project on a single- or multiple - parcel site in which the total
of new plus replaced impervious surface is 5,000 square feet or more and whose valuation
of proposed improvements (including interior improvements and excluding required
mitigation and frontage improvements) exceeds 50% of the assessed value of the existing
site improvements.
If stormwater review is required for the proposed project, the type of review must be determined
based on project and site characteristics as described in Section 1.1.2 of the KCSWDM.
3 For the purposes of this section "Redevelopment project" means a project that proposes to add,
replace, or modify impervious surfaces for purposes other than a residential subdivision or
maintenance on a site that is already substantially developed in a manner consistent with its current
zoning or with a legal non - conforming use, or has an existing impervious surface coverage of 35% or
more. The following examples illustrate the application of this definition. (KCSWDM Chpt. 1)
4 This is the "project valuation" as declared on the submitted permit application. The dollar amount of
this threshold is considered to be as of January 8, 2001 and may be adjusted on an annual basis using
the local consumer price index (CPI). Note: January 8, 2001 is the effective date of the ESA 4(d) Rule
for Puget Sound Chinook salmon.
Ordinance No. 16 -828 Page 12 of 28
FIGURE 1.1.1.B
Stormwater Review Flow Chart *
Project
or
Act vity
Stormwater Review
(Small Project Drainage Requirements,
Core Requirements 1 - 7 &
Special Requirements 1 - 5)
Does project meet definition of
"redevelopment project" per KCSWDM?
Yes
Does the project meet
thresholds #s 6 - 7
in Section 1.1.1.B
of this addendum?
/es No
Stormwater Review
Required
See Section 1.1.2
of KCSWDM for
specific requirements
No
Does the project meet
thresholds #s 1 - 5
in Section 1.1.1.B
of this addendum?
No Stormwater
Review
Required
YeN
Stormwater Review
Required
See Section 1.1.2
of KCSWDM for
specific requirements
* The requirement to complete a stormwater review is separate from the requirements to conform
to the Water Quality Review (1.1.1.A). If water quality is triggered, but a stormwater review is
not, the applicant is still required to conform to the Water Quality requirements.
Ordinance No. 16 -828
Page 13 of 28
The following items amend the identified sections of the KCSWDM:
1.1.3 Drainage Review Required by Other Agencies
In addition to the Muckleshoot Indian Tribe, CFW is required to notify the Puyallup Indian
Tribe.
The City of Federal Way administers its own Forest Practices Class IV- General Permits.
The City of Federal Way does not administer Class IV- Special Forest Practices Permits.
1.2.5 Core Requirement #5
Projects subject to clearing and grading permit requirements, but which do not meet the
thresholds identified in 1.1.1.B, are subject to the ESC requirements and BMPs of Core
Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be
determined on a project by project basis during clearing and grading review. Those projects
exempt from clearing and grading permit requirements, although not required to be reviewed, are
still responsible for implementing Erosion and Sedimentation Control (ESC) measures to
maintain a stable site and mitigate offsite impacts
1.2.5.3 (F) - City of Federal Way does not assume lead agency status for Class IV Special Forest
Practices Permits
1.2.6 Drainage Facilities to be Maintained by City of Federal Way - See FWRC 16.35.010.
1.2.8 Core Requirement #8 Water Quality — Guide to Applying Core Requirement #8
1. Redevelopment
a. When water quality improvements are required, the entire site must be brought up
to current water quality standards for all impervious surfaces.
i. This includes all impervious surfaces regardless of when they were
created, including impervious surfaces created before 2001.
ii. Any applicable additional provisions in KCSWDM 1.2.8.1(B & C)
Target Surfaces, also apply.
b. See KCSWDM for pervious surface requirements.
c. Exemptions identified in 1.2.8 of the KCSWDM do not apply to redevelopment.
2. New Development
a. See KCSWDM for both impervious and pervious surface requirements
The following item replaces the identified section of the KCSWDM:
1.4 Adjustment Process - See FWRC Section 16.30.020 through 16.30.070.
Ordinance No. 16 -828 Page 14 of 28
Chapter 2: Drainage Plan Submittal
The following items amend the identified sections of the KCSWDM:
2.3.1.1 TIR Section 3, Scope of Analysis: Task 2. Resource Review - Maps of the City's
sensitive areas, drainage basins, streams, topography, zoning, survey control points, Flow
Control Applications, Water Quality Applications, and more are available on the City's website
at www.cityoffederalway.com, through the City's Public Works Development Services Division
and through the City's Community Development Planning Division.
For information on existing drainage complaints and conditions within the city, as -built
drawings, and Technical Information Reports, please contact the Surface Water Management
Engineering Technician at 253.835.2754.
2.3.1.2. Site Improvement Plan
Vertical Datum - KCAS or NGVD -29.
General Plan Format - Refer to City of Federal Way Development Standards Manual,
Construction Checklist.
Plan Sheet Size - City of Federal Way only accepts "D- size" (24" x 36 ") for construction
drawings.
Drawing Scale - Refer to City of Federal Way Development Standards Manual.
2.4.2 Final Corrected Plan Submittal
Engineering Plan Review - Upon completion of the engineering review process, the
engineering plans shall be provided for Public Works Department approval and signature.
As -built Drawings - As -built drawings are required at the conclusion of the project, prior to
release of the performance bond. All as -built drawings shall be prepared by a land surveyor
licensed in the State of Washington and shall conform to all state and local statutes. See
Development Standards Manual, As -built Review Checklist, for details.
Chapter 3: Hydrologic Analysis & Design
The following items amend the identified sections of the KCSWDM:
3.1.2 Low Impact Development (LID) Performance Standard — Low Impact Development is
the required approach to site development and all permitted projects must demonstrate
compliance with the LID Performance Standard as outlined in Section 1.2.9.4. If infiltration is
proposed, testing must be completed as outlined in the Manual.
For all projects less than 5 acres, the pre- engineered BMPs in Appendix #C of the KCSWDM
may be used instead of modeling. In the event that LID BMPs cannot be utilized for a specific
site given site limitations, the applicant may demonstrate why the BMPs within Appendix #C are
not suitable, for either the whole or a part of the site, the City may then allow use of non -LID
BMP infrastructure to meet the Core Requirements.
Ordinance No. 16 -828 Page 15 of 28
1.2.9.1.B & 3.1.2 Where the LID Standard is Required — The Low Impact Development
Standard outlined in Section 1.2.9.1.B is required for all projects where permits are required in
accordance with the amended Section 3.1.2.
Ordinance No. 16 -828 Page 16 of 28
Section 3: Code Reference Table:
King County Code is referenced in many places throughout the KCSWDM. The following table
identifies these code references and equivalent city code where applicable:
King County Code to Federal Way Revised Code (FWRC) Reference Table
King County
Code
Reference
Subject of Reference
FWRC
Equivalent
Comment
KCC 2.98
Adoption Procedures
16.05.290
KCC 2.98
Critical Drainage Areas, adoption
procedures
Not applicable
Title 9
Surface Water Management
16
KCC 9.04
Surface Water Run -off Policy:
Variances
16.30
See Adjustments
KCC 9.04.030
Definitions: Targeted Drainage
Review / abbreviated evaluation
16.25.020
See Drainage Review
KCC 9.04.030
Drainage Review
16.25.020
KCC 9.04.030
Large Project Drainage Review
16.25.020
KCC 9.04.050
Drainage Review - Requirements
16.25.020
KCC 9.04.070
Engineering plans for the purposes
of drainage review
See Development
Standards
KCC 9.04.090
Construction timing and final
approval
See Development
Standards
KCC 9.04.100
Liability Requirements
16.25.030
KCC 9.04.115
Drainage facilities accepted by King
County
16.35
KCC 9.04.120
Drainage facilities accepted by King
County
16.35
KCC 9.12
Prohibited discharges in the Water
Quality Section
16.50.020
KCC 9.12
Water Quality
16.20 & 16.45
KCC 9.12
Water Quality: Stormwater
Pollution Prevention Manual
Adoption
16.20.10
KCC 16.62
Erosion and Sediment Control
16.25.10.1.e
KCC 16.82
Clearing and Grading Code: Bridge
Design
No Equivalent
The City follows WSDOT and
King County Standards
KCC 16.82
Clearing and Grading Code:
Clearing Limit
19.120
City of Federal Way uses both
Chapter 19.120 and Appendix J of
the International Building Code.
City of Federal Way Addendum to the
King County, Washington Surface Water Design Manual
Page 17 of 28
King County Code to Federal Way Revised Code (FWRC) Reference Table
King County
Code
Reference
Subject of Reference
FWRC
Equivalent
Comment
KCC
16.82.095(A)
Erosion and sediment control
standards: Seasonal limitation
period
No Equivalent
The City follows the King County
standards manuals per Code
Section 16.20.010
KCC
16.82.100(F)
Grading Standards: Preservation of
Duff Layer
No Equivalent
The City follows the King County
standards manuals per Code
Section 16.20.010
KCC
16.82.100(G)
Grading Standards: Soil
Amendments
No Equivalent
The City follows the King County
standards manuals per Code
Section 16.20.010
KCC 16.82.150
Clearing standards for individual
lots in the rural zone
Not applicable
FWRC does not contain rural
zoning classification
KCC 20.20
Land Use Review Procedures
Chapter 19
KCC 20.70.020
Critical Aquifer Recharge Area
19.145.450
KCC 21A
Critical Areas Requirements
19.145
KCC
21A.14.180.D
On -site recreation - space required
Chapter 19
The requirements vary by Zoning
District. Refer to the applicable
District.
KCC 21A.24
Critical Areas Code: 100 year
floodplain
19.142
KCC 21A.24
Critical Area Code: Bridge Design
No Equivalent
The City follows WSDOT and
King County Standards
KCC 21A.24
Critical Areas Code: Bridge pier and
abutment locations
No Equivalent
The City follows WSDOT and
King County Standards
KCC 21A.24
Critical Areas Code: Building
Setbacks
19.145
KCC 21A.24
Critical Areas Code: Channel
Migration Zone
No Equivalent
The City follows the King County
standards manuals per Code
Section 16.20.010
KCC 21A.24
Critical Areas Code: Definition
Streams
19.05.190
KCC 21A.24
Critical Areas Code: Definition
Wetlands/Wetland Soils
19.05.230
KCC 21A.24
Critical Areas Code: Fish Passage
Requirements
19.145.390
KCC 21A.24
Critical Areas Code: Flood Hazard
Area Regulations
19.142
KCC 21A.24
Critical Areas Code:
Floodplain/Floodway Delineation
19.142.160
Ordinance No. 16 -828
Page 18 of 28
King County Code to Federal Way Revised Code (FWRC) Reference Table
King County
Code
Reference
Subject of Reference
FWRC
Equivalent
Comment
KCC 21A.24
Critical Areas Code: Floodplain
Data
19.142.050
KCC 21A.24
Critical Areas Code: Flood
Protection facility
No Equivalent
The City follows the King County
standards
KCC 21A.24
Critical Areas Code: Notice on Title
19.145.170
KCC 21A.24
Critical Areas Code: Regulation of
Wetlands
19.145.410
KCC 21 A.24
Critical Areas Code: zero -rise and
compensatory storage provisions
No Equivalent
The City follows the King County
standards
KCC 21A.24
Definitions: Critical Area Ordinance
(CAO)
19.145
KCC 21A.24
Farm Management Plans
No Equivalent
The City does not have Farm
Management Plan requirements
KCC 21A.24
Floodplain Development Standards:
Bridges
No Equivalent
The City follows WSDOT and
King County Standards
KCC 21A.24
Notice on Title: Erosion Hazard
Area
19.145.170
KCC 21 A.24
Rural Stewardship Plan or Farm
Management Plan
No Equivalent
The City does not have Rural
Stewardship Plan requirements
KCC 21A.24
Sensitive Area
14.05 & 19.05
The City does not have a broad
definition, instead each specific
area is defined separately
KCC 21A.24
Sensitive Area Tract
18.55.060
Sensitive areas can be placed in a
conservation open space tract
KCC
21A.24.100
Critical Area Review
19.145
KCC
21A.24.110
Critical Area Reports
19.145.080
KCC
21A.24.170
Notice on Title
19.145.170
KCC
21A.24.230
Floodplain and Flood Hazard Areas
19.142
KCC
21A.24.270
Notice on Title
19.145.170
KCC
21A.24.275
Channel migration zone
development standards
No Equivalent
The City follows the King County
standards
Ordinance No. 16 -828
Page 19 of 28
King County Code to Federal Way Revised Code (FWRC) Reference Table
King County
Code
Reference
Subject of Reference
FWRC
Equivalent
Comment
KCC 21A.38
Property specific development
standards or special district overlays
No Equivalent
The City does not have one code
section that lists all of the property
specific development standards or
overlays, instead they are contained
throughout code based on land use
and property characteristics
KCC 23.20
Code Compliance: Citations
1.15
KCC 23.24
Code Compliance: Notice and
Orders
1.15.040
KCC 23.28
Code Compliance: Stop Work
Orders
1.15.030
KCC 23.40
Code Compliance: Lien references
on declaration of covenants form
Not applicable
FWRC does not contain an
equivalent requirement
KCC 25
Shoreline Management: Bridge
Design
No Equivalent
The City follows WSDOT and
King County Standards
Ordinance No. 16-
Page 20 of 28
Rev 1/15
Section 4: Reference Materials:
Cited Federal Way Revised Code
The following are applicable excerpts from the City of Federal Way Revised Code and provided
for convenience. In the event of discrepancies or subsequent code updates, the adopted City code
governs.
16.05.180 R definitions.
"Redevelopment"
For the purposes of determining water quality review requirements "redevelopment" means, a
project that proposes to add, replace, or modify impervious surface (for purposes other than a
residential subdivision or maintenance) on a site that is already substantially developed in a
manner consistent with its current zoning, or with a legal nonconforming use, or has an
existing impervious surface coverage of 35 percent or more. Water quality for the entire
subject property must be brought into compliance with FWRC Title 16, where the proposed
redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with
the approved King County, Washington Surface Water Design Manual or equivalent, as
amended. (FWRC 19.30.120)
For the purposes of determining flow control and other stormwater review requirements, the
definition of "redevelopment project" identified in the KCSWDM applies.
16.15.010 Regulated activities.
The following projects or activities are subject to the provisions of this title, unless exempted in
FWRC 16.15.020:
(1) Single - family residential; or
(2) Projects that add 2,000 square feet or more of new impervious surface, replaced
impervious surface or new plus replaced impervious surface; or
(3) Projects that propose 7,000 square feet or more of land disturbing activity; or
(4) Projects that propose to construct or modify a drainage pipe /ditch that is 12 inches or
more in size /depth, or receives surface and stormwater runoff from a drainage
pipe /ditch that is 12 inches or more in size /depth; or
(5) Collection and concentration of surface and stormwater runoff from a drainage area of
more than 5,000 square feet; or
(6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream,
lake, wetland, or closed depression, groundwater recharge area, or other water quality
sensitive area, or a receiving water with a documented water quality problem as
determined by the Public Works Director, based on a written map, policy, water
quality monitoring data or plan in existence or implemented by the director prior to
submission of a redevelopment application which is determined to trigger application
of this subsection, or based on information developed during review of a particular
redevelopment application; or
Ordinance No. 16-
Page 21 of 28
Rev 1/15
(7) Projects that involve a change in use, and the changed use has a potential to release a
new pollutant(s) to surface water systems within the city. For the purposes of this
subsection, "new pollutant(s) " means a pollutant that was not discharged at that
location immediately prior to the change in use, as well as a pollutant that was
discharged in less quantities immediately prior to the change in use; or
(8) Projects other than normal maintenance or other than tenant improvements, but
including any increase in gross floor area, in any one consecutive 12 -month period
which exceeds 50 percent of the assessed or appraised value (whichever is greater) of
the structure or improvement; or
(9) Project proposing $100,000 or more of improvements to an existing high use site.
[Note: the dollar amount indicated can be adjusted based on the consumer price index as
identified in the KCSWDM in section 1.1.1.]
Redevelopment projects that are subject to water quality improvements may phase construction
of the improvements as described in FWRC 19.30.120, Non - conforming water quality.
16.15.020 Exemptions.
The following activities are exempt from the provisions of this title:
(1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for
Class IV General Forest Practices that are conversions from timber land to other uses; and
(2) Development undertaken by the Washington State Department of Transportation in state
highway rights -of -way is regulated by Chapter 173 -270 WAC, the Puget Sound Highway
Runoff Program.
All other new development and redevelopment is subject to the requirements of this title.
19.30.120 Nonconforming water quality improvements.
This section sets forth the standards when and under what circumstances a subject property
that does not conform to the development regulations in FWRC Title 16 relating to water quality
must be brought into compliance.
(1) Redevelopment. For the purposes of this section, "redevelop" or "redevelopment" means
a project that proposes to add, replace, or modify impervious surface (for purposes other
than a residential subdivision or maintenance) on a site that is already substantially
developed in a manner consistent with its current zoning, or with a legal nonconforming
use, or has an existing impervious surface coverage of 35 percent or more. Water quality
for the entire subject property must be brought into compliance with FWRC Title 16,
where the proposed redevelopment meets or exceeds the thresholds set forth below
pursuant to this chapter, and shall be done in accordance with the approved King County,
Washington Surface Water Design Manual or equivalent, as amended.
Ordinance No. 16-
Page 22 of 28
Rev 1/15
(a) Redevelopment which involves the creation or addition of impervious surfaces
having an area of 5,000 square feet or more;
(b) Redevelopment which involves the construction or replacement of a building
footprint or other structure having a surface area of 5,000 square feet or more, or
which involves the expansion of a building footprint or other structure by 5,000
square feet of surface area or more;
(c) Redevelopment which involves the repair or replacement of 5,000 square feet or
more of an impervious surface, when such redevelopment is not part of a routine
maintenance activity;
(d) Redevelopment which involves the collection and /or concentration of surface and /or
stormwater runoff from a drainage area of 5,000 square feet or more;
(e) Redevelopment which contains or directly discharges to a floodplain, stream, lake,
wetland, or closed depression, groundwater recharge area, or other water quality
sensitive area determined by the Public Works Director, based on a written map,
policy, water quality monitoring data or plan in existence or implemented by the
Public Works Director prior to submission of a redevelopment application which is
determined to trigger application of this subsection, or based on information
developed during review of a particular redevelopment application;
(f)
Redevelopment which involves a change in use, and the changed use has a potential
to release a new pollutant(s) to surface water systems within the city. For the
purposes of this subsection, "new pollutant(s) " means a pollutant that was not
discharged at that location immediately prior to the change in use, as well as a
pollutant that was discharged in less quantities immediately prior to the change in
use;
(g) Redevelopment, other than normal maintenance or other than the tenant
improvements, but including any increase in gross floor area, in any one consecutive
12 -month period which exceeds 50 percent of the assessed or appraised value
(whichever is greater) of the structure or improvement being redeveloped. The
appraisal must be from a state - certified general appraiser. For purposes of
determining value under this section, improvements required pursuant to FWRC
19.30.090 (nonconforming development), 19.30.110 (street/sidewalk
improvements), this section (nonconforming water quality improvements) and
FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the
50 percent threshold which would trigger application of this subsection;
(h) Redevelopment of property which drains or discharges to a receiving water that has
a documented water quality problem, as determined by the Public Works Director
based on a map, plan, water quality monitoring data or a written policy in existence
or implemented by the Public Works Director prior to submission of a
Ordinance No. 16- Page 23 of 28
Rev 1/15
redevelopment application determined to trigger application of this subsection,
where the Public Works Director determines that the redevelopment requires
additional specific controls to address the documented water quality problem.
(2) Timing. All improvements required by this section shall be constructed or installed
concurrent with the redevelopment triggering application of this section, unless an
applicant for redevelopment opts to pursue incremental construction of required
improvements. In that event, the applicant shall develop and submit to the Public Works
Director a stormwater management plan detailing all of the improvements required by this
section, and proceed according to the following subsections:
(a) Extent of construction of required water quality improvements. Where the Public
Works Director determines that incremental construction is physically feasible, the
applicant shall construct that portion of the required improvements according to the
following schedule:
% of Redevelopment
% of Water Quality Improvements
0 -24
25
25 — 49
50
>50
100
Where construction of 100 percent of water quality improvements is required under
this subsection, the improvements may be constructed over a period extending no
more than five years from the date of approval of the redevelopment. A person
choosing to utilize such extended construction shall provide, prior to approval of the
stormwater management plan, a performance bond and bond agreement that:
(i) Have a term equal to the construction schedule proposed in the plan; and
(ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended.
(b) Incremental construction not feasible. Where the Public Works Director determines
that incremental construction is not physically feasible, 100 percent of the required
water quality improvements must be installed, concurrent with the redevelopment.
(c) Calculation of redevelopment value. For purposes of calculating the value of
redevelopment in order to apply subsection (2)(a) of this section, the Public Works
Director shall consider the cost of the proposed redevelopment as a percentage of the
assessed or appraised value of all structures on the subject property. The appraisal
must be from a state - certified real estate appraiser.
(d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment
on property for which incremental construction of required water quality
Ordinance No. 16-
Page 24 of 28
Rev 1/15
(3)
improvements was previously authorized pursuant to this subsection (2), any
additional water quality improvements to be required shall be determined by
application of the schedule in subsection (2)(a) of this section based on the
stormwater management plan prepared as part of the first request for authorization of
incremental construction. If water quality requirements have changed since
preparation of the initial stormwater management plan, a new plan shall be prepared
detailing improvements required to comply with any existing and new requirements,
and the schedule in subsection (2)(a) of this section shall also be applied to the new
plan.
Location of water quality improvements. A person proposing redevelopment on a
property or site having a Federal Way comprehensive plan designation of CC -F (city
center frame) or CC -C (city center core) may construct water quality facilities required
by this section below grade.
19.120.030 Exemptions.
Nothing in this section shall be interpreted to allow clearing, grading, and /or the removal of
trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under
FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas.
Clearing and grading activities are also subject to review under Appendix Chapter J of the
International Building Code.
The following actions shall be exempt from the provisions of this article:
(1) Digging and filling for cemetery graves.
(2) Clearing and grading in a right -of -way authorized in writing by the director of the
department of public works for pothole and square cut patching; overlaying existing
asphalt or concrete pavement with asphalt or concrete without expanding the area of
coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing;
resurfacing with in -kind material without expanding the road prism; and vegetation
maintenance.
(3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or
clay where a permit has been issued by the State Department of Natural Resources.
(4) Exploratory excavations under the direction of a professional engineer licensed in the
state; provided, that the extent of the clearing and grading does not exceed the minimum
necessary to obtain the desired information.
(5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate
commerce within its existing right -of -way.
(6) Excavations for utility service connections to serve existing and /or new structures and that
is outside any area that is within the jurisdiction of Chapter 19.145 FWRC.
Ordinance No. 16-
Page 25 of 28
Rev 1/15
(7)
(8)
Actions which must be undertaken immediately, or within a time too short to allow for
compliance with the requirements of this article, to avoid an imminent threat to public
health or safety; to prevent an imminent danger to public or private property; or to prevent
an imminent threat of serious environmental degradation. This determination will be made
by the Public Works Director.
Clearing and grading actions that are an integral part of an ongoing agricultural or
horticultural use on the subject property.
(9) Tree and vegetation removal actions conducted on a residential lot that contains a detached
dwelling unit together with any contiguous lots under the same ownership that are being
maintained for the use and enjoyment of the homeowner that comply with the following
criteria:
(a) Any trees or vegetation removed must be outside any area that is within the
jurisdiction of Chapter 19.145 FWRC.
(b) No trees or vegetation will be removed if that vegetation was required to be retained
by or through any development permit issued under this chapter or any prior zoning
code.
(c) Tree and vegetation removal will not change the points where the stormwater or
groundwater enters or exits the subject property and will not change the quality, or
velocity of stormwater or groundwater.
(d) Trees with a diameter at breast height (dbh) of up to six inches and vegetation may
be removed without city review and approval if criteria (9)(a) through (c) of this
section are met.
(e) Trees with a dbh of six inches or greater may be removed subject to the minimum
tree units per acre standard established by Table 19.120.130 -1 and subject to criteria
(9)(a) through (c) of this section.
(f)
(g)
Removal of trees with a dbh of six inches or greater that will result in the subject
property falling below the minimum tree units per acre standard per Table
19.120.130 -1 shall require planting of replacement trees as necessary to meet the
minimum tree units per acre standard, or the existing tree units per acre represented
by the trees proposed for removal, whichever is less.
Hazard trees and nuisance vegetation may be removed without city review and
approval if criteria (9)(a) through (c) of this section are met.
(10) Clearing and grading actions that comply with all of the following criteria:
Ordinance No. 16-
Page 26 of 28
Rev 1 /15
(a) The subject property contains a permanent building or an active use.
(b) The clearing or grading activity will not change the points where the stormwater or
groundwater enters or exits the subject property, and will not change the quality or
velocity of stormwater or groundwater.
(c) The clearing or grading activity is outside any area that is within the jurisdiction of
Chapter 19.145 FWRC.
(d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of
excavation and fill are calculated separately and then added together to determine
total excavation and fill.
(e) No trees or vegetation will be removed if that vegetation was required to be retained
by or through any development permit issued under this chapter or any prior zoning
code.
(11) Routine maintenance of trees and vegetation necessary to maintain the health of
cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree
removal, not maintenance.
(12) Removal of overhanging vegetation and fire hazards, or removal of invasive species,
hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized
by the director or his/her designee.
(13) Removal of trees in easements and rights -of -way for the purposes of constructing public
streets and utilities. Protection of trees shall be a major factor in the location, design,
construction, and maintenance of streets and utilities. These activities are subject to the
purpose and intent of this article.
(14) Removal of trees on sites zoned city center core (CC -C) and city center frame (CC -F).
Ordinance No. 16-
Page 27 of 28
Rev 1/15
Section 5: Mapping:
The City of Federal Way equivalents to the Flow Control Applications Map and the Water
Quality Applications Map are attached, as periodically updated. The current versions of the maps
are available from the Public Works Department. The City's equivalent to the County Landslide
Hazard Drainage Areas Map is the City Sensitive /Critical Areas Map available from the
Community Development Planning Division.
Ordinance No. 16-
Page 28 of 28
Rev 1/15