Planning Commission PKT 04-17-20193
City of Federal Way
PLANNING COMMISSION
April 17, 2019 City Hall
6:30 p.m. Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
4. AUDIENCE COMMENT'— UNRELATED TO COMMISSION BUSINESS
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
• Study Session
2019 Shoreline Master Program Update
7. ADDITIONAL BUSINESS
8. ADJOURN
I
Commissioners City Staff
Wayne Carlson, Chair Tom Medhurst, Vice -Chair Robert "Doc" Hansen, Planning Manager
Lawson Bronson Hope Elder Margaret Clark, Principal Planner
Dawn Meader McCausland Tim O'Neil E. Tina Piety, Administrative Assistant
Diana Noble-Gulliford Dale Couture, Alternate 253-835-2601
Eric Olsen, Alternate / www.citvoffederalway.com
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Title 15 SHORELINE MANAGEMENT
Title 15
SHORELINE MANAGEMENT
Chapters:
15.05 Shoreline Management
49.10 C: it+eal.4 r-eas
The Federal Way Revised Code is current through Ordinance 18-852, passed June 5, 2018.
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Chapter 15.05 SHORELINE MANAGEMENT
Chapter 15:05
SHORELINE MANAGEMENT
Sections:
A Article I. Generally
15.05.010 Purpose and authority.
15.05.020 Jurisdiction.
15.05.030 Additional definitions.
Article II. Shoreline Regulation
15.05.040 General development standards.
15.05.050 Shoreline modifications.
15.05.060 Environmental designations.
15.05.070 Summary of uses, approval criteria, and process.
15.05.080 Shoreline residential environment.
15.05.090 Urban conservancy environment.
15.05.100 Natural environment.
Article III. Administrative o e d e
15.05.110 Shoreline management permit and enforcement po dure , adoption by reference.
15.05.120 Permit processing and public notice.
15.05.130 Shoreline exemption. l
15.05.140 Application requirements.
,15.05.150 Shoreline substantial development pe it.
15.05.160 Shoreline variance.
15.05.170 Conditional uses.
15.05.180 Final approval of shoreline a .ts.
15.05.190 Combined hearing authority,.
15.05.200 Appeals. C
15.05.210 Permit revisions.
15.05.220 Replacement, alteration, opreconstruction of nonconforming use or development.
15.05.230 Shorelineenvio t redesignation.
15.05.240 Amendments In is chapter.
Article L Generally
15.05.0 0 urpo f and authority.
- The ci a opt trete regulations under the authority of the Shoreline Management Act of 1971, Chapter 90.58 RCW,
as the Shoreline Management Guidelines, Chapter 173-26 WAC. The director of the department of
co uniyevelopment has the authority to adopt rules and regulations to carry out the provisions of this title and has
the aunty to administer and enforce this title and any such rules and regulations. It is unlawful to violate or fail to
comply with any provision of this title or any such rule or regulation.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.020 Jurisdiction.
(1) The provisions of this article shall apply to all development proposed within the areas defined as "shorelines" in
RCW 90.58.030(2)(d), and "shorelines of state-wide significance" in RCW 90.58.030(2)(e),.and "shorelands" in
RCW 90.58.030(2)(f); see FWRC 15.05.030, Additional definitions. The approximate location of these shorelines
shall be designated on maps maintained by the department of community development; however, the property owner
or applicant shall be responsible for determining the specific location of the shoreline jurisdiction on the subject
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Chapter 15.05 SHORELINE MANAGEMENT
property when a permit is filed. The city shall be responsible for verifying shoreline jurisdiction. Washington
Department of Ecology may be contacted to delineate the ordinary high water mark (OHWM) on a subject property as
per its authority and responsibilities outlined in RCW 90.58.030(2)(f). Shorelines of statewide ,,ig%ir,,.. nae the State
are as follows:
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(a) Within city limits: North Lake, Steel Lake and the northwest portion of Lake Killarney.
(b) Within the city's Potential Annexation Area: incl -u& Star Lake, Lake Dolloff, Lake Geneva, Five Mile
Lake, and the remaining portion of Lake Killarrtey.
(2) No development shall be undertaken by any person on the shorelines of the state without obtainin a sh ` eline
permit from the department of community development, or an authorized statement of exemption per
173-27-040 and for developments exempted by RCW 90.58.140(9) and (10).
(3) All proposed uses and development occurring within shoreline jurisdiction must conform to hapt 0,58 RCW, the
Shoreline Management Act, and the city of Federal Way shoreline master program whether r no a trait is required.
(Ord. No. 11-705, § 5 (Exh. B), 11-i-11.)
15.05.030 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this section,W It e 15, Chapter 90.58
RCW, Chapters 173-26 and 173-27 WAC, Chapter 19.05 FWRC or FWRC LQ 0A,Q sal apply in that order.
"Act" means the Washington State Shoreline Management Act of 1971, QMaptJrkJ ?58 RCW, as amended.
"Amendment" means a revision, update, addition, deletion, and/oFfeepAipjt fo the Federal Way shoreline master
program.
"Aquaculture" means the farming or`$ulttring of food fish, shellfish or other aquatic plants and animals in streams,
inlets, and other natural or arti ic,��w,ater-bodies. Activities include the hatching, cultivating, planting, feeding, raising
and harvesting of aquat?l ss�atliNmmals, and the maintenance and construction of necessary equipment, buildings,
and growing areas. ulti�ii�tat'$n . e�hods include but are not limited to fish pens, fish traps, or other similar apparatuses.
"Average gradAleve ""means, for a structure built on land, the average of the natural or existing topography of the
portion oft e lo�ylrceT,, r tract of real property which will be directly under the proposed building or structure. In the
case of structu s t-' e built over the water, "average grade level" shall be the elevation of the ordinary high water
mark (m FI 'vIrt alculation of the average grade level shall be made by averaging the ground elevations at the
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mi }poen L_ ftterior walls of the proposed building or structure.
`Bachole "means a berm, together with associated marshes or meadows, on marine shores landward of the ordinary
high wa r mark which is normally above high tide level and has been gradually built up by accretion.
"Bank" means a steep rise or slope at the edge of a body of water br water course.
"Beach nourishment" means the artificial replenishing of a beach by delivery of materials dredged or excavated
elsewhere.
"Berm " means a ledge or shoulder consisting of mounded earth or rock.
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"Bluff' means a steep slope which abuts and rises from Puget Sound. Bluffs contain slopes predominantly in excess of
40 percent, although portions may be less than 40 percent. The toe of the bluff is the beach of Puget Sound. The top of
a bluff is typically a distinct line where the slope abruptly levels out. Where there is no distinct break in slope, the slope
is either the line of vegetation separating the unvegetated slope from the vegetated uplands plateau or, when the bluff
is vegetated, the point where the bluff slope diminishes to less than 15 percent.
"Boating facility" means a facility or structure providing access in and out of the water for vessels, such as a launching_
ramp, rails, or lift station open to the public. For purposes of the shoreline master program, boating facilities do not
include docks, piers, moorage piles, mooring buoys, or floats associated with single-family residences or other
joint -use structures not accessible to the public.
"Breakwater" means an off -shore structure; either floating or not, which may or may not be conned to hie ore,
such structure being designed to absorb and/or reflect back into the water body the energy of t ew
"Bulkhead" means a wall, seawall; embankment, or other structure erected at or near the OHW nd r ughly parallel
to the shoreline that retains or prevents sliding or erosion of land or protects land and/or strut res from wave or
current action.
"Commercial use means the uses allowed in the commercial zones and the noni d s "au s permitted in the
commercial enterprise zone.
"Conditional use" means a use, development, or substantial development ' icl sis Iassified as a shoreline`
conditional use or is not classified within the shoreline master program
"Critical salmonid habitats" means habitats that are used by Pacific`'s ln'd
mospecies that migrate between fresh
water and salt water during their life cycle. These habitats include 14
(1) Gravel bottomed streams used for spawning; '
(2) Streams, lakes, and wetlands used for rearing, feed'i g; Iver and refuge from predators and high waters;
(3) Streams, and salt water bodies used as mi'graticnmM.;
(4) Shallow areas of salt water bodies used fatrasarin yfeeding, as well as cover and refuge from predators and
currents, including, but not limited to, foragesh h� abtats such as sandy beaches and eelgrass beds; and
(5) Pocket estuaries including str`e fMR obi the a d deltas where fresh water mixes with salt water and provides rearing
habitat for juvenile salmonids. All dt ate�i s�iorelines in Federal Way are critical salmonid habitats.
"Date oiRlino" see FWRC 15.06 180(2 (Final approval of shoreline permits) for full definition.
"Department" mea s tll'e,d.p rant of community development services, unless the context indicates otherwise.
"Development" ea a use onsisting of the construction or exterior alteration of structures; dredging; drilling;
dumping; fillin >remo l of any. sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or
any projectape anent or temporary nature which interferes with the normal public use of the surface of the waters
overly'_ land tbje t to the Shoreline Management Act (Chapter 90.58 RCW) at any state of water level._
assUciMenr cieveruuureui ui ie-uevciv�uicui.
"Do ck"� eans all platform structures. floating upon kater bodies and connected to land to provide moorage or landing
for waterborne pleasure craft.
"Dredging" means the removal of earth from the bottom of a stream, marine water body, lake or other water body for
the purposes of deepening and/or maintaining a navigational channel.
"Drift cell" (also referred to as "drift sector, " or "littoral cell") means a particular reach of marine shore in which
littoral drift may occur without significant interruption and which contains any natural sources of such drift and also
accretion shore forms created by such drift. ,
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"Ecological functions" means the work performed or role played by the physical, chemical, and biological processes
in the shoreline that contribute to the maintenance of the aquatic and terrestrial environments that constitute the
shoreline's natural ecosystem.
"Ecosystem -wide processes" means the suite of naturally occurring physical and geologic processes of erosion,
transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem
and determine both the types of habitat and the associated ecological functions.
"Exemptions" means those development activities which are not required to obtain a substantial development permit
but which must'obtain an authorized statement of exemption and which must otherwise comply with a plic bt le
provisions of the Shoreline Management Act and the city's local shoreline master program.
"Fair market value" means the open market bid price for conducting the work, using the equip pent Vief ctlitie and
purchase of the goods, services, and materials necessary to accomplish the development. This w uld�"i or ail equate to
the cost of hiring a contractor to undertake the development from start to finish, including the co of labor, materials,
equipment and facility usage, transportation and contractor overhead, and profit. The fair m r et va e of the
development shall include the fair market value of any donated, contributed or found la qr, qui 'ment, or materials.
"Feasible" means that an action, such as a development project, mitigation, or press; ata quirement, meets all of
the following conditions:
(1) The action can be accomplished with technologies and methods that have bd n sed in the past in similar
circumstances, or studies or tests have demonstrated in similar circumstail s�:#hat uch approaches are currently
available and likely to achieve the intended results; 0
(2) The action provides a reasonable likelihood of achieving its inten ed purpose; and
(3) The action does not physically preclude achieving the proje . 's mary intended legal use. In determining an
action's feasibility, the reviewing agency may"weigh Aeac or * ative public costs and public benefits considered
in the short- and long-term time frames. ON
"Fill" means the addition of soil, sand, rock,
waterward of the OHWM, in wetlands, or on
"Float" means a structure or device
the waters of Federal Way, and w,*
frit, earth retaining structure, or other material to an area
a manner that raises the elevation or creates dry land.
,water and which is moored, anchored, or otherwise secured in
to the shoreline.
float that is moored, anchored, or
"Floodplain " means the 100 -year floodplain and means that land area susceptible to inundation with a one percent
chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance
regulation maps or a reasonable method which meets the objectives of the Act.
"Geologically hazardous areas" means areas which because of their susceptibility to erosion, landslidixges, seismic,
or other geological events are not suited to siting commercial, residential, or industrial development consistent with
public health or safety concerns. Geologically hazardous areas include the following areas:
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(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as
wind, rain, splash, frost action, or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or
rock including, but not limited to, the following areas:
(a) Any area with a combination of:
(i) Slopes greater than 15 percent;
(ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or
bedrock, typically silt and clay; and
(iii) Springs or groundwater seepage.
(b) Any area which has shown movement during the Holocene epoch, from 10,000 years S*#g"o*Tb# NNep nt, or
which is underlain by mass wastage debris of that epoch.
(c) Any area potentially unstable as a result of rapid stream incision, stream bank erosign�or un ercutting by
wave action.
(d) Any area located in a ravine or on an active alluvial fan, presently or potential}ySTA t to inundation by
debris flows or flooding.
(e) Those areas identified by the United States Department of Agricultu . of Conservation Service as having a
severe limitation for building site development.
(f) Those areas mapped as Class U (unstable), UOS (unstable 1 %l s) nd U S (unstable recent slides) by the
Department of Ecology.
(g) Slopes having gradients greater than 80 percent subjee to ock all during seismic shaking.
(3) Seismic hazard areas are those areas.subject riubject to severe o)TV arthquake damage as a result of seismically induced
ground shaking, slope failure, settlement or soil liquefCct o r urface faulting. These conditions occur in areas
underlain by cohesionless soils of low density usuaall} t aation with a shallow groundwater table.
(4) Steep slope hazard areas are those areas with�S�PSO,440 percent or greater and with a vertical relief of 10 or more
feet, a vertical rise of 10 feet or more for eve, L5 ie of horizontal distance. A slope is delineated by establishing its
toe and top, and measured,by averaging t in 'nation over at least 10 feet of vertical relief.
"Geotechnical report" or "geotec, ica� n'�t sis" means a scientific study or evaluation conducted by a qualified
expert that includes a description.of t qg and and surface hydrology and geology; the affected land form. and its
susceptibility to mass wastin a ston, dad other geologic hazards or processes; conclusions and recommendations
regarding the effect of he pr �mula�tive
oNevelopment on geologic conditions; the adequacy of the site to be developed; the
impacts of the prop e e�pnt; alternative approaches to the proposed development; and measures to mitigate
potential site -spec` c and c # geological and hydrological impacts of the proposed development, including the
potential adve �e imp is to adjacent and down -current properties. Geotechnical reports shall conform to accepted
technical st ndds�""andust be prepared by qualified professional engineers or geologists who have professional
expertise'ab u th'Nfgional and local shoreline geology and processes.
the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in
s the natural contour of the land.
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"Groin'Weans a barrier type structure extending from the backshore into the water across the'beach. The purpose of
a groin is to interrupt sediment movement along the shore.
"Height" means that distance measured from average grade level to the highest point of a structure; provided, that
television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such
appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such
shorelines, or the applicable master program specifically requires that such appurtenances be included; provided
further, that temporary construction equipment is excluded in this calculation.
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Chapter 15.05 SHORELINE MANAGEMENT
"Jetty" means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by
excess sediment.
"Landslide" means an episodic downslope movement of amass of soil or rock that includes but is not limited to
rockfalls, slumps, mudflows, and earthflows.
"Littoral drift" means the natural movement of sediment along marine or lake shorelines by wave action in response
to prevailing wiruis.
"Major stream" means any stream, and the tributaries to any stream, which contains or supports, or under normal
circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blocle o the
stream course which precludes the upstream movement of anadromous salmonid fish, then that portio noir h earn
which is downstream of the natural permanent blockage shall be regulated as a major stream.
"Marine" means pertaining to tidally influenced waters, including Puget Sound and the bays, est, arie and inlets
associated therewith.
"Minor stream" means any stream that does not meet the definition of a major strea
"Mooring buoys" means a floating object anchored to the bottom of a water bodya rc ides tie-up capabilities for
vessels.
"Native shoreline vegetation " means trees, shrubs, and other plant species th are.indigenous to a specific area or
region. Plants native to western Washington are referenced in Flo of 1pgi ac Northwest (Hitchcock and
Cronquist). Ornamental landscaping and invasive species shall not red native shoreline vegetation.
"Natural or existing topography" means the topography of the, ot`'arcel, or tract of real property immediately prior
to any site preparation or grading, including excavatinpor ih
"Nearshore" means either nearshore environment opri.�Jrsh rye abitat and refers generally to an area aloni g the Puget
Sound shoreline that extends from the top of bluffo,N�WIartc area immediately adjacent to the beach to the point where
sunlight penetrates marine waters to a depth wht rquc plant life is supported.
program."
"Nonconfor+� �g tt e ��" means a shoreline use e�3ent-which was lawfully ^�' .ter
est b1* Rea
p io o t e effective date of the Act or the applicable shoreline master program, or amendments thereto,
but rW1 s'hot conform to present use regulations e standards of the shoreline master program.
"NOA-war75riented uses" means those uses that are not water -dependent, water -related, or water -enjoyment, and
whicha3 little or no relationship to the shoreline and are not considered priority uses under the Shoreline
Management Act. Examples include professional offices, automobile sales or repair shops, mini -storage facilities,
multifamily residential development, department stores, and,gas stations.
"Ordinary high water mark (OHWM) " means the mark on all lakes, streams, and tidal waters that will be found by
examining the beds and banks and ascertaining where the presence and action of waters are so common_ and usual and .
so long continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in
respect to vegetation, as that condition existed on June 1, 1971, as it may naturally change thereafter, or as it may
change thereafter in accordance with permits issued by a local government or the Department of Ecology. In any area
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where the ordinary high watermark cannot be found, the ordinary high water mark adjoining salt water shall be the line
of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.
"Permit" means any substantial development, variance, conditional use permit, or revision authorized under Chapter
90.58 RCW.
"Pier" means any fixed platform structure upon water bodies that is supported by piles and connected to land.
"Primary structure" means the structure associated with the principal use of the property. /If more than one structure is
associated with the principal use of the property, the one with the highest value shall be considered the primary structure,
"Public access" means the general public's ability to view, reach, touch, and enjoy the water's edge anNttaWs
public waters, the water/land iriterface, and associated public shoreline area. Public access also in Jude` s
physical, unobstructed access from land to the ordinary high water mark or adjacent shorelandsi
"Public utility" means the facilities of a private business organization such as a public sery ce corpor=ation, or a
governmental agency performing some public service and subject to special governmental�e,, Mations, the services
which are paid for directly by the recipients thereof Such services shall include but ate ntlimited to: water supply,
electric power, telephone, cablevision, natural gas, and transportation for persons a, i fThe term also includes
broadcast towers, antennas, and related facilities operated on a commercial basi
"Recreational development" means commercial and public facilities desi e`d a sed to provide recreational
opportunities to the public.
"Replacement structure" means the construction of a new structure o er r the same function as an existing
structure that can no longer adequately serve its purpose. Addit'ons toincreases in size of existing structures shall
.not be considered replacement structures.
"Residential development" means developments and oct.cipang, n which persons sleep and prepare food, other than
developments used for transient occupancy.' Residentialtde vtlppment includes the creation of new residential lots
through "subdivision of land. Tempora ryor transientVfloating homes located in a vessel's cabin in addition to converted
appurtenance definition above.
"Restoration " means, in the contfunext ofe ological restoration," the reestablishment or upgrading of impaired
ecological shoreline processes�or ctions. This may be accomplished through measures including, but not limited to,
revegetation, removal of`rintiv s�toreline structures, and removal or treatment of toxic materials. Restoration does
not imply a require ent f rdre ing the shoreline area to aboriginal or pre -European settlement conditions.
"Riprap" meaIs
a la r facing, or protective mound of angular stones randomly placed to prevent erosion, scour, or
sloughing 4f a efure or embankment; also, the stone so used.
the action must be done.
" re d -' so referred to as "shoreland areas, " means those lands extending landward for 200 feet in all
direc ion ns s measured on a horizontal plane from the ordinary high water mark; floodways, and contiguous floodplain
areas 1" ward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and
tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the
Department of Ecology.
"Shoreline administrator" means the director of the department of community development or his or her designee and
is responsible for administering the Federal Way shoreline master program.
"Shoreline environment designation " means the categories of shorelines of the state established by the city of Federal
Way shoreline management master program to differentiate between areas whose features imply differing objectives
regarding their use and future development.
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"Shoreline jurisdiction " means all "shorelines of the state" and "shorelands" as defined in the Federal Way shoreline
master program and RCW 90.58.030.
"Shoreline master program (SMP) " means the comprehensive use plan for a described area, and the use regulations
together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards
developed in accordance with the policies enunciated in RCW 90.58.020.
"Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline
area, .usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill,
bulkhead, or other shoreline structure. They can include other actions, such as clearing and grading.
"Shoreline stabilization " means structural and nonstructural actions taken to address erosion impacts t pop
dwellings, businesses, or structures caused by natural shoreline processes such as currents, floo stadecar have
action. Expansion or enlargement of existing stabilization measures is considered new stabilization.
"Shoreline variance" means to grant relief from the specific bulk, dimensional, or perform ce star' 'afds in the local
shoreline master program, but not a means to vary a "use" of a shoreline.
"Shorelines" means all of the water areas of the state, including reservoirs, and their�Is�soei`�ated shorelands, together
with the lands underlying them; except (1) shorelines of statewide significance; 2} sho-elitiies on segments of streams
upstream of a point where the mean annual flow is 20 cubic feet per second ares aiidi�the wetlands associated with
such upstream segments; and (3) shorelines on lakes less than 20 acres in sib Viand w tlands associated with such small
lakes
"Shorelines ofstktewide significance" means those areas of Puget end in the city of Federal Way lying seaward
from the line of extreme low tide. eb
"Shorelines of the state" means the total of all "shorelite ' an " orelines of statewide significance" within the city
of Federal Way.
"Should" means that the particular action is req
policy of the Shoreline Management Act andthi
"SMA" means the Shoreline ManaeernentAct.
"SMP" means the shoreline
ere is a demonstrated, compelling reason, based on
taking the action.
"Soft -shore bank stabilization " ;�eans the use of bioengineering or biotechnical bank stabilization measures where
vegetation, logs, rock, arfd b achishment are used to address erosion control and slope stability.
"Stringline setbacc ' meanska straight line drawn between the points on the primary structures having the greatest
projection watet n the"wo adjacent properties. If one of the adjacent properties is unimproved, the line shall be
drawn to thuo njpf thN tandard shoreline setback at the side property line of the unimproved lot.
rystructure " means nonprimary structures equal to or larger than 400 square feet and in good
"Vegetation conservation area" means an upland area adjacent to the ordinary high water mark or top of bluff where
existing native vegetation and native trees shall be retained per the requirements of the Federal Way shoreline master
program. The width of the vegetation conservation area is consistent with setback requirements for specific uses and
shoreline environment designations.
"Vessel " means ships, boats, barges, or any other floating craft which are designed and used for navigation and do not
interfere with the normal public use of the water.
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"Water quality" means the physical characteristics of water within shoreline jurisdiction, incluc
hydrological, physical, chemical, aesthetic, recreation -related, and biological characteristics. W1.
the term "water quantity" refers only to development and uses regulated under this chapter and
quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for 1
does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 91
90.03.340.
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water quantity,
used in this title,
sting water
ores of this title,
.250 through
"Water -dependent use" means a use or portion of a use which cannot exist in any other location and is dependent on
the water by reason of the intrinsic nature of its operations. Examples of water -dependent uses may linclude ship cargo
terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry, docking, arinas,
aquaculture, float plane facilities, and sewer outfalls.
"Water -enjoyment use" means a recreational use or other use that facilitates public access to theZff.1" a 3r, , Tiar)
characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment ofthr lii"r for a
substantial number of people as a general characteristic of the use and which through location, g�nnd operation
ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. Inder to qualify as a
water -enjoyment use, the use must be open to -the general public and the shoreline-oriente pace within the project
must be devoted to the specific aspects of the use that foster shoreline enjoyment.
"Water -oriented use" means a use that is water -dependent, water -related, or waterAenjZyment, or a combination of
such uses.
"Water -related" means a use or portion of a use which is not catintrins �ca y'eJ' vide t,on a waterfront location but
whose economic vitality is dependent upon a waterfront location bse:
(1) Of a functional requirement for a waterfront location such a .:.thea 'val or shipment of materials by water or the
need for large quantities of water; or
� C
(2) The use provides a necessary service supportive of the* ter- e endent commercial activities and the proximity of
em
the use to its customers makes its services less expensive an or more convenient. Examples include professional
services serving primarily water -dependent activitiean s—rage of water -transported foods.
"Wetland " means areas that are inundated or Satih-at ,by surface water or groundwater at a frequency and duration
sufficient to support, and that under norms nty. it um nces do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetland e getferaally include swamps, marshes, bogs, and similar areas. Wetlands do
not include those artificial wetlan�inte��ti�,on�ai_ created from nonwetland sites, including, but not limited to,
irrigation and drainage ditches, grass- ned swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities," r those. etlands created after July 1, 1990, that were unintentionally created as a
result of the constructiomof r d, treet, or highway. Wetlands may include those artificial wetlands intentionally
created from nonwetlan rea to itigate the conversion of wetlands.
(Ord. No. 11-705 (E B), 1, -1-11.)
Article II. Shoreline Regulation
15.05.9?40,4t n al development standards.
The 114.wu g neral development standards apply to all uses and activities in all shoreline environments:
(1) ac wNigation.
(a)Fo the extent the Washington State Environmental Policy Act of 1971 (SEPA), Chapter 43.21 C RCW, is
applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall be
conducted consistent with the rules implementing SEPA (FWRC 14.05.010 and Chapter 197 11 WAC).
Mitigation for adverse impacts to shoreline functions will be triggered during the SEPA review, shoreline land
use permit process, or exemption approval process.
(b) Where required, mitigation measures shall be applied in the following sequence of steps listed in order of
priority.
(i) Avoiding the impact altogether by not taking a certain action or parts of an action;
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(ii) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using
appropriate technology or by taking affirmative steps to avoid or reduce impacts;
(iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(iv) Reducing or eliminating the impact over time by preservation and maintenance operations;
(v) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and
(vi) Monitoring the impact and the compensation projects and taking appropriate corrective measures.
(c) In determining appropriate mitigation measures applicable to shoreline development, lower pr -ib i measures
shall be applied only where higher priority measures are determined to be infeasible or inapplicable.
(d) Required mitigation shall not be in excess of that necessary to assure that proposed us o e to ent will
result in no net loss of shoreline ecological functions.
(e) Mitigation actions shall not have a significant adverse impact on other shoreline'tions fostered by the
policy of the Shoreline Management Act.
.6
(f) When compensatory measures are appropriate pursuant to the mitigation ptirect
yseguAce above, preferential
consideration shall be given to measures that replace the impacted functionslyx-nd are located in the
immediate vicinity of the impact. However, alternative compensatory m��g may be authorized if said
mitigation occurs within the watershed and addresses limiting factors Q ids ti ed critical needs for shoreline
conservation based on watershed or comprehensive managementplans.`truth t-ization of compensatory
mitigation measures may require appropriate safeguards, term o"tions as necessary to ensure no net loss
of ecological functions.
(2) Vegetation conservation. Existing shoreline vegetation shadthe deserved per development standards established
for each shoreline environment designation as listed in%e evelo ment standards table in FWRC 15.05.070(6), and
the setback standards provided in FWRC 15.05.075iesmq
(3) Water quality/stormwater. All activities and divt within the shoreline jurisdiction shall incorporate water
pollution control measures and best managemeli ra tis (BMPs) for stormwater management. Such measures shall
address both temporary impacts to water ( ty fr construction activities as well as the need for permanent
stormwater management facilities in cpm . an faith the requirements and restrictions of all applicable city and state
regulations.
(4) Critical areas. Activities andsdeve ent in critical areas found within shoreline jurisdiction are required to
comply with the developmen s a dards outlined in Chapter 15.10 19.145 FWRC, Environmentally Critical Areas
(Ordinance 15-797. June 16,12015,, and Chapter 15.1519.142 FWRC, Flood Damage Prevention (Ordinance 18-856,
November 14, 20181, fonea"eh�rea described below.
(iv) FWRC 19.145.350, Regulated lake buffers,
(v) FWRC 19.145.360, Development waterward of the ordinary high water mark of regulated lakes-,
NO FWRC 19.145.370, Development within regulated lake buffers, and
(vii) FWRC 19.145.380, Regulated lake bulkheads
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(a b) Any conflict between the standards outlined in Chapter 15 1019.145 or 15.15 19.142 FWRC and the SMP
shall be resolved in favor of the standard that is most protective of the shoreline ecological functions. In addition
to the development standards outlined in Chapters 4510 19.145 and'I 3 4519.142 FWRC, they following
minimum requirements shall apply with regard to activities and development in critical areas found within
shoreline jurisdiction with the following clarifications and modifications:
(i) Minimum setbacks from the OHWM established by this chapter shall be maintained in all cases unless a
shoreline variance is granted. Shoreline setbacks are defined in FWRC 15.05.070(6) of this chapter.
(ii) When FWRC 15 49.474D-19.145.440 (S' en s, and "'"""'n" '"a •"'''''"
ra huff- _" Development within wetland buffers), subsections (5) Wetla,4d B ffer
averaging, and (6) Mem Buffer reduction With enhancement, are utilized for a projec 114� al, a
shoreline variance permit is required if the overall proposed buffer width reduction excee 12,, p ce G
buffers afeaR-that are outside shoreline iurisdiction, see FWRC 19.145.
(iv)1f''w_" "_" ,.aa:.ienal Any provisions of the Environmentally Critical Are <Ordin nce 4iat-afe not
consistent with the Shoreline Management Act Chapter 90.58 RCW .or eA-sut313or16ng Washington
Administrative Code chanters, those ""ayisie"" shall not apply.
(4 c) Geologically hazardous areas. Regulated geologically hazardous as, c ed in the shoreline jurisdiction
include seismic hazard areas, landslide hazard areas; steep slopes, and osii5 �azard areas. If a geologically
hazardous area is located within the shoreline jurisdiction, all act' ulf est}�e`st"te shall be in compliance with the
requirements and restrictions of Articles I; and II, "- a S ha�pt.. 19.145 FWRC In addition to the
development standards outlined in Chapter 15.1819.145 FWR lie following shall apply with regard to
activities and development in geologically hazardous area iund within shoreline jurisdiction:
(i) Creation of new lots shall be prohibited wter e opment and use on new lots would cause a ,
foreseeable risk from geological conditions uril rife of the development.
(ii) New development that causes risko�geolo. 'cal conditions should not be allowedi
(iii) New development on sites wit tie o s and bluffs is required to be set back sufficiently to ensure
that shoreline stabilization is, unbket to�iiecessary during the life of the project as demonstrated by a
geotechnical analysis.
(e d) Streams and wetlands. If atre m Qr etland is located within the shoreline jurisdiction, all activities within -
the shoreline jurisdiction s all begin bmpliance with the requirements and restrictions of Articles I, VIII, and
IV, a -ad V! of Chapter ` 19.14 WRC.
(d e) Flood damnf rre uctio . 'f an area of special flood hazard is located on or adjacent to a development site
within shorel' juns cti\o tall activities on the site shall be in compliance with the requirements and restrictions
of Chapter 19.14�tFWRC. All activities allowed within the special flood hazard area by the requirements
and restri'o o �hapter 4-5.15 19.142 FWRC shall not result in a net loss of ecological function.
Le Cn .n Lifer recharge areas and wellhead protection areas. If a critical aquifer recharge area or wellhead
p to do a is located within the shoreline jurisdiction, all activities within the shoreline jurisdiction shall be
I#Qn e with the requirements and restrictions of Articles 1,1I�I; and V of Chapter X54919.145 FWRC.
(5) C " 'c l salmonid habitats. All salt water shorelines in Federal Way are critical salmonid habitats. Activities and
develop ent in critical salmonid habitats found within the shoreline jurisdiction are required to comply with the
following development standards, in addition to those contained in other sections of this chapter:
(a) Structures which prevent the migration of salmon and steelhead are prohibited. Fish bypass facilities shall
allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry and juveniles migrating
downstream from being trapped or harmed.
(b) Shoreline modification structures may intrude into critical salmonid habitats only where the proponent
F
demonstrates all of the following conditions are met:
(i) An alternative alignment or location is not feasible; '
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(ii) The project is designed to minimize its impacts on the environment;
(iii) If the project will create unavoidable adverse impacts, the impacts are mitigated by creating in-kind
replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating
degraded habitat may be required as a substitute;
(iv) The project satisfies all provisions of FW,RC 15.05.050, Shoreline modifications.
(c) Open pile bridges are the preferred water crossing structures over critical salmonid habitats. If a bridge is not
feasible, one of the following water crossing structures may be approved if the impacts can be mitigated:
temporary culverts, bottomless arch culverts, elliptical culverts, or other fish -passable round culverts. ,hese
structure's are listed in priority order, with the first having the highest preference and the last the fkwast
preference. In order for a lower priority structure to be permitted, the applicant must show the hi e>t, 'ty
structures are not feasible. The project shall be designed to minimize its impacts on the erwirn en
(d) Bridges and in -water utility corridors may be located in critical salmonid habitats pi ed N proponent
shows that all of the following conditions are met:
(i) An alternative alignment is not feasible;
(ii) The project is located and designed to minimize its impacts on the enyJAQ11K N4
(iii) Any alternative impacts are mitigated; and
(iv) Any landfill is located landward of the ordinary high water rk.
Open piling and piers required to construct the bridge may be N
wa erwardof the ordinary high water mark,
if no alternative method is feasible.
When installing in -water utilities, the installer maybe req lted to face native material on the bed and banks of.
the water body or wetland to reestablish the preconsstru w lee iltion and contour of the bed. The project shall be
designed to avoid and minimize impacts on the en ironmert .
(e) Dredging in critical salmonid habitats shall,01T egalowed unless the proponent demonstrates all of the
following conditions are met:
(i) The dredging is for a water-dep d t o ter -related use;
(ii) An alternative alignmenPor oca n Is not feasible;
(iii) The project is design d t 'nze its impacts on the environment;
(iv) The project is int e pub c triterest; and
i
(v) If the proj�j"l131hent
significant unavoidable adverse impacts, then the impacts are mitigated by
creating r r p': habitat near the project. Where in-kind replacement mitigation is not feasible,
rehabili #1mg deg adSe abitat maybe required as a substitute.
(f) In-wat dre g spoil disposal sites shall not be located in critical salmonid habitats.'
(g) Fill1 dining, discharging (including discharging of stormwater), commercial or industrial wastewater,
d eciinn lization, draining, flooding, disturbing the water level, duration of inundation or water tables,
inner tivities which negatively impact habitat are prohibited in wetlands, ponds, and side channels which
aarreeiasssg�c aced with critical salmonid habitats.
(Fi;)tthin critical salmonid habitats, permanent channel changes and realignments are prohibited.
(i) The removal of aquatic and riparian vegetation within or adjacent to critical salmonid habitats shall be
minimized. Trees which shade side channels, streams, estuaries, ponds, and wetlands associated with critical
salmonid habitats shall be maintained consistent with the provisions of this chapter. Areas of disturbed earth shall
be revegetated.
0) Unless removal is needed to prevent hazards to life and property or to enhance critical salmonid habitats, large
woody debris below the ordinary high water mark shall be left in the water to provide salmon and steelhead
habitat.
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(6) Archaeological and historic resources.
(a) If any archaeological artifacts are uncovered during excavations in the shoreline, work must stop immediately
and the city of Federal Way, the state Department of Archaeology and Historic Preservation, the Muckleshoot
Indian Tribe, and the Puyallup Tribe of Indians must be notified.
(b) Proposals for ground disturbing activities in areas known to contain an historic, cultural, or archaeological
resource(s) or highly suspected to contain archaeological artifacts and data shall require a site inspection and
evaluation by a professional archaeologist or historic preservation professional, as applicable, prior to issuance of
a permit or initiation of disturbance. The evaluation shall include recommendations for monitoring of potentially
disruptive activities, data recovery, and/or mitigation measures, if warranted. Cost for inspectiond v uatiori
of the site will be the responsibility of the applicant.
Archeological Excavation and Removal Permit, per WAC 25-48.
(7) Public access.
(a) In review of all shoreline permits or developments of more than four residential o welling units per
WAC 173-26-240 (i)(v)(A), or subdivision of land into more than four lots, o co�rnmeial development, or
non=water-dependent uses (including water -enjoyment and water -related uses) con idration of public access and
joint use of community recreational facilities `shall be required when:
(i) The development would generate demand for one or more fo rri'stof p,u lie shoreline access; and/or
(ii) The development would eliminate, restrict, or other 'se 'mp it existing legal access opportunities or
rights. In these instances, public access shall be provided b the development in a form, as detailed by
subsection (7)(d) of this section, consistent in chars trr- ith the existing public access that was eliminated,
restricted, or otherwise impaire"d. 'N
(b) Requirements or conditions for public access shal consistent with all relevant constitutional and other
legal limitations on regulation of private prope
(c) Public access requirements shall not be re� ire en the applicant demonstrates that one or more of the
%following provisions apply:
(i) Unavoidable health or safet �azayfb the public exist that cannot be prevented by any practical means;
(ii) Inherent security req' 'rem t ,,ouse cannot be satisfied through the application of alternative design 1
features or other solutions;
(iii) The cost of promi the access, easement, alternative amenity, or mitigating the impacts of public
access is unr ason lye i roportionate to the total long-term cost of the proposed development;
(iv) Sigh\,ct eryironmental impacts would result from the public access that cannot be mitigated; and/or
(v) S t undue and unavoidable conflict between any access provisions and the proposed use and/or
ad'
cent' ses �Xuld occur and cannot be mitigated.
Sbli . cce, S shall consist of a dedication of land or a physical improvement in the form of a walkway, trail,
, c Md r, viewpoint, park, or other area serving as a means of view and/or physical approach to
�(ee
oe rhes of the state and may include interpretive centers and displays.
P blie access locations shall be clearly marked with visible signage.
(f) Public access provided by shoreline street ends, public utilities, and rights-of-way shall not be diminished
(RCW 36.87.130).
(g) Shoreline development by any public entities, including the city of Federal Way, state agencies, and public
utility districts, shall include public access measures as part of each development project, unless such access is
shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment or other
provisions in this section.
• r
(8) Restoration projects.
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(a) Restoration projects within the shoreline environment consistent with WAC 173-27-080(2)(o) shall be
allowed without a shoreline substantial development permit; be reviewed through the shoreline exemption
review process; and be designed consistent with the development standards outlined in Chapter 15.10 19.145
FWRC — Critical Areas and the provisions of this chapter.
(b) Approval of restoration projects shall be based on a review of a plan containing, at a minimum, an analysis of
existing conditions, identification of the area to be restored, proposed corrective actions, including installation of
native species, performance standards, monitoring schedule, planting plans, erosion and sedimentation control
plans, and grading plans as necessary.
(c) The shoreline administrator shall require an applicant to retain the services of a qualified pro essionpl in
preparing the restoration plan. Intrusions into regulated steep slopes and associated setbacks will b all wed for
purposes of approved restoration projects.
d The city may grant relief from shoreline master program development standards and use reAl ationNesultin¢
procedures in WAC 173-27-215.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.050 Shoreline modifications. ,
(1) Shoreline stabilization. Shoreline stabilization may be permitted in the
armoring (e.g., bulkheads and riprap) is subject to a shoreline conditional 1
environment. Soft -shore stabilization may be permitted in the urban conse4
proposals shall address the following: 14�
(a) Shoreline stabilization, including bulkheads, shall not be
shorelines. In order for shoreline stabilization to be permit c
(i) The applicant shall provide a geotechnica4repott
rate of erosion and evaluates alternative solutions anA
the
d tial environment. Hard
urban conservancy
;nt. Shoreline stabilization
rd -an outright permitted use on the city's
must find that:
ared by a qualified professional, that estimates the
`urgency associated with the specific situation; and
(ii) Soft -shore stabilization alternatives si1yh`as_-sIoN, drainage systems, vegetative growth stabilization,
gravel berms, and beach nourishment s I%bespt ritized over structural options such as bulkheads and
riprap. The "softest" effective altenaaafi. e hall4e utilized; and
(iii) In the case of proposed ,bard�'a ri g tabilization solutions (e.g., bulkheads and riprap), erosion from
waves or currents present$ ai, cl r -an imminent (damage within three years) threat to a legally established
primary structure, one ornoret tial accessory structures, water -dependent development, ecological
restoration/toxic cleanup r me&tion projects, or public improvements; and
(iv) In the cas of bulkheads and riprap, the proposed shoreline stabilization is located landward of the
ordinary hig wate mar and
(v) Theposed o reline stabilization is the minimum size necessary to protect existing improvements; and
(vi)•' e appligaant shall demonstrate that impacts to sediment transport are minimized to the greatest extent
Feline stabilization shall not have an adverse impact on the property of others and shall be designed
to create the need for shoreline stabilization elsewhere; and
vli)
iShoreline stabilization shall not significantly interfere with normal surface and/or subsurface drainage
to the water body and shall be constructed using an approved filter cloth or other suitable means to allow
passage of surface and groundwater without internal erosion of fine material; and
(ix) Shoreline stabilization shall not be used to create new lands; and
(x) Use of chemically treated wood is prohibited for any shoreline stabilization proposal within fresh water
lake shorelines; and
(xi) Use of creosote treated wood is prohibited within marine shorelines; and
(xii) Revegetation with native plants is required as part of the shoreline stabilization project; and
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(xiii) Shoreline stabilization shall not otherwise result in a net loss of ecological functions.
(b) When a bulkhead or other structural alternative is permitted subject to subsection (1)(a) of this section, the
following standards shall apply:
(i) The maximum height of the proposed bulkhead or other stabilization structure is no more than eee feet
abeve the elevatienof meah:.0-
OF high • ater- en tidal ..w.,,. one foot in height above the elevation of
ordinary high water mark on lakes, measured from grade on the waterward side of the bulkhead or structure;
aeand,d the minimum necessary to protect the upland structure(s) or development proposal(s) along tidal
waters Minimum necessary bulkhead height requirements must be supported by both recorded tidal events
the applicant's expense for third -party review of the report
(ii) When a bulkhead or other stabilization structure has deteriorated such that the ordinal4y, igg �w ter mark
has been established by the presence and action of water landward of the existing buVate
n he
replacement bulkhead or structure must be located at or landward of the ordinary higark.
(iii) Repair of an existing bulkhead or other stabilization structure is permitted prod that the repaired
bulkhead or structure is not relocated further waterward or increased in height.
(iv) If an existing bulkhead or other stabilization structure is destroyed i iY a eplaced as it existed prior
to destruction, provided application for required permits is made with'n.o e yrs r of destruction./Additions to
or increases in size of existing shoreline stabilization measures sh 11 e co stered new structures.
(v) Soft -shoreline stabilization measures that provide restoratiAk I h�or ine ecological functions may be
permitted waterward of the ordinary high water mark.
(vi) The project satisfies the provisions of FWRC 15.05.045(b).
(c) Creation of new lots shall be prohibited where develo , en and use on new lots would require structural
shoreline stabilization over the life of the development. h owing standards shall apply to new development.
"
(i) New development that would require sho ea ilization which causes significant impacts to adjacent
or down -current properties and shoreline teas sli uld not be allowed.
(ii) New development, including newlNcre tee parcels, is required to be designed and located to prevent the
need for future shoreline stapilizgtiap as cumented by a geotechnical analysis.
(iii) New development orC"siee I pe a d bluffs is required to be set back sufficiently to ensure that
shoreline stabilization is li e`l ' e necessary during the life of the project as demonstrated by`a
geotechnical analysis.
NP r
(2) Piers, docks, floats, ndtoo uoys. Piers, docks, floats, and mooring buoys may be permitted in the shoreline
residential and urban conserw cy nvironments subject to the following conditions:
(a) Publicder d doc - shall only be allowed for water -dependent uses and public access subject to a shoreline
condition luse,p t and the following criteria:
for such a structure is clearly demonstrated;
pioject, including any required mitigation, will result in no net loss of ecological functions
asoc�ated with critical salt water habitat;
tii) The project is consistent with the state's interest in resource protection and species recovery; and
(iv) Moorage at public docks is limited to recreational purposes and shall not extend more than one 24-hour
period. Public docks may not be used for commercial or residential moorage.
(b) Residential piers, docks, floats, or mooring buoys may be permitted accessory to a single-family residence, or
as common use facilities associated with a subdivision, short subdivision, or multifamily development, in
accordance with this chapter and the following limitations:
(i) Residential mooring buoys are preferred over docks and piers on the Puget Sound shoreline. Applicants
for a residential dock or pier on the Puget Sound shoreline must demonstrate why a mooring buoy will not
provide adequate moorage for recreational watercraft.
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(ii) No more than one pier, dock, float, or mooring buoy for each existing residential lot is permitted.
(iii) New residential developments of two or more units, subdivisions, or short subdivisions shall be limited
to one shared dock or pier.
(A) The total number of moorage spaces shall be limited to one moorage space for every dwelling unit up
to four. For each two dwelling units after four, one additional moorage space is permitted.
(c) All docks and piers shall be subject to the mitigation requirements per FWRC 15.05.040(1) and will result in
no net loss of ecological functions associated with critical salt water habitat. A preliminary eelgrass survey as
specified under the Army Corps of Engineers, Regional General Permit, RGP 6 shall be required for new docks
or piers on the Puget Sound shoreline.
(d) No dwelling unit may be constructed on a pier or dock.
(e) No covered pier, covered dock, covered moorage, covered float,'or other covered struc ure i ed
waterward of the ordinary high water mark.
(f) Piers, docks, mooring buoys, or floats shall meet the side and rear yard setbacks rh derlying zoning
classification, except in the case of shared facilities, in which case no side yard setback isuired.
(g) All piers, docks, mooring buoys, floats, or other such structures shall not, in $e course of the normal
fluctuations of the elevation of the water body, protrude more than five feq ovesurface of the water.
(h) Floats cannot rest on the tidal substrate at any time. Stoppers on thpili�g anchoring the floats or stub piling
must be installed such that the bottom of the flotation device is at e soo e fo t'above the level of the substrate.
f at
(i) Any pier, dock, mooring buoy, or float must be constructed o t e ials that will not adversely affect water
quality. Use of chemically treated wood is prohibited in fre wat lake shorelines. Use of creosote treated wood
is prohibited in marine shorelines.
0) Any new pier or dock must be located generally gerpen ' lar to the shoreline, and oriented to minimize
shading impacts to the maximum degree feasible.fk
(k) Live -aboard vessels are prohibited. Moo
'a of associated with residential development may not extend
greater than one 24-hour period without a leas op the Washington Department of Natural Resources.
(1) Pier and dock dimensions and grafin .,,mat shorelines.
(i) Where authorized bytW hip er, iers and docks located on marine shorelines shall be the minimum
size required to provide 16 mo rag . Single-family piers or docks shall not exceed 75 feet in length
measured perpendicularly fr e OHWM. Shared moorage may extend up to 100 feet in length if
demonstrated to be neckssary to provide adequate moorage. Docks that cannot meet this standard may
request a review der h variance provisions of this program.
(ii) The li1'tximum wi th of each pier or dock shall be six feet.
(iii) T ehe ma umwidth of walkway ramps shall be four feet and shall be fully grated:
(iv
hi ' he ticking of all piers and docks shall be designed to allow a minimum of 45 percent light passage.
r}y P accomplished through grated decks, space between decking, Ii ght prisms, or other means.
skirting is not permitted.
and dock dimensions and grating, lake shorelines.
(i) The maximum waterward intrusion of any portion of any pier or dock shall not extend further waterward
than the average length of the piers or docks on lots abutting the location of the new dock as measured
perpendicularly from the ordinary high water mark unless an alternative dimension is required in order to
prevent impacts to critical areas. In no circumstances shall the maximum waterward intrusion of any portion
of any pier or dock extend more than 36 feet from the ordinary high water mark, or the point where the water
depth is eight feet below the elevation of the ordinary high water mark, whichever is reached first.
(ii) The maximum width of each pier or dock shall be six feet, or up to eight feet wide on joint -use docks
where additional mitigation is provided.
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(iii) The decking of all piers and docks shall be designed to allow a minimum of 45 percent light passage.
This may be accomplished through grated decks, space between decking, light prisms, or other means.
(n) Floats are limited under the following conditions:
(i) One float per single-family residence and no more than one common use float for each new multifamily
development, short subdivision, or subdivision is permitted.
(ii) No portion of a float shall be placed more than 45 feet waterward of the ordinary high water mark on lake
shorelines.
(iii) Retrieval lines shall not float at or near the surface of the water.
(iv) No float shall have more than 100 square feet of surface area.
(v) Floats shall use grating on at least 30 percent of their surface to allow light penet ^0
(3) Boating facilities — launching ramps, rails, and lift stations.
(a) Launching ramps, rails, and lift stations may be permitted in parks and public aeess are s in the shoreline
residential and urban conservancy environments subject to a shoreline condition ul pe, rt, where authorized
by FWRC 15.05.070 through 15.05.090. The following conditions shall appl
Ji) No portion of a launching ramp, rail, or lift station shall be place ehtban 60 feet waterward of the
ordinary high water mark.
(ii) All portions of a launching ramp, rail, or lift station 1 be a C at depth not to exceed -eight feet
below the ordinary high water mark.
(4)
(iii) Launching rails or ramps shall be anchored to th,eej, undithrough the use of tie -type. construction.
Asphalt, concrete, or other ramps, which solidly cover th�Ebottom or bed of a water bod, are prohibited.
rk
(iv) No more than one launching ramp, rail, orl' tati n per shoreline development shall be permitted.
(v) Launching ramps, rails, or lift stations shfllotbe permitted for shoreline developments that have an
existing pier, dock, float, mooring buoylohfrffunctional moorage. Piers, docks, floats, or other forms of
moorage shall not be permitted for a ehnedevelopments that have existing launching ramps, rails, or lift
stations.
(vi) Launching ramps, railstaAd R t ations shall be sited and designed to ensure protection of navigation
routes and access; shall b''e ales eti�ay compatible with or enhance existing shoreline features; and shall be
clearly marked and separated4 m nearby swimming areas.
(vii) On -shore faci lies ociated with public boating facilities shall provide adequate off-street parking
and loading area, a d h ye adequate facilities for handling of sewage and litter.
(a) Floatin breakNters are permitted in the shoreline residential and urban conservancy environments, with a
conditi u permit, when the following conditions apply:
1) F outing breakwaters may be allowed if necessary to protect a public boat launch, when no other
alternative with less impact to the environment is feasible.
Ndi) When permitted, development of floating breakwaters shall include mitigation measures consistent with
his chapter as to ensure no net loss of ecological function.
(iii) Nonfloating breakwaters are prohibited.
(b) Jetties are prohibited within all shoreline environments in the city.
(c) Groins are prohibited in all shoreline environments in the city.
(5) Dredging and filling.
(a) Dredging.
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(i) Dredging activities in shoreline residential or urban conservancy environments require a conditional use
permit. Dredging is not permitted in the natural environment.
(ii) Dredging activities are allowed only where necessary to protect public safety or for shoreline restoration
activities.
(iii) Dredging is allowed only where an alternative alignment that would not require dredging is not feasible.
(iv) Where allowed, dredging operations must be scheduled so as to not damage shoreline ecological
functions or processes.
(v) Where allowed, dredging operations shall avoid and minimize significant ecological im\acts the
greatest extent feasible, and shall be mitigated as required by this chapter.(vi) Siting and design of new development shall avoid the need for new and maintenanced^
(vii) Dredging for fill materials shall be prohibited, except for projects associated wit MTN`or CERCLA
remediation actions, habitat restoration, or any other significant restoration effort appro e� a shoreline
conditional use permit. In such instances, placement of dredged fill material must% aterward of the
OHWM. _
(b) Filling.
(i) Fill activities waterward of the ordinary high water mark shall o �• I,y� b owed with a shoreline
conditional use permit in association with allowed (permitted) wa r-lle dent use developments; public
access; clean-up and disposal of contaminated sediments s par o interagency environmental clean-up
plan; disposal of dredged material in accordance with 'the�DN�R redged Material Management Program; or
expansion or alteration of transportation facilities of state sign' significance currently located on the
shoreline (if alternatives to fill are shown not feasiblelll waterward of the ordinary high water mark
associated with non -water -dependent uses shall b r rrohibigd.
(ii) Fill waterward of the ordinary high water_me ed to support the following water -dependent uses
maybe allowed through a conditional use .pe mi%t e shoreline residential and urban conservancy
environments:
(A) Public access;
(B) Expansion, alteratioi4'v,, or re aij ooftransportation facilities currently located within the shoreline;
(C) Mitigation actio
(D) Environmentaleco gical, or watershed restoration projects;
(E) BeachourillingAnt or enhancement projects; and
h '
(F) St-sba itabilization projects.
(iii) Perini d fill aetivities must comply with the following standards:
A imoNtration that alternatives to fill are not feasible;
4onstration that fill shall be deposited so as to minimize disruption of normal surface and
undwater passage;
ss C) Demonstration that fill materials shall be of such quality that they will not adversely affect water
quality;
(D) Demonstration that fill shall allow surface water penetration into the groundwater supply, where
such conditions existed prior to the fill; and
(E) Demonstration that fill timing will minimize damage to water quality and aquatic life.
(iv) Fill, except for beach nourishment, shall be prohibited in areas of high shoreline erosion potential.
(v) Fill located waterward of the ordinary high water mark that results in a net loss of shoreline function is
prohibited.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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15:05.060 Environmental designations.
(1) Purpose and establishment of designations.
(a) The purpose of the designations is -to differentiate between areas whose geographical, hydrological,
topographical, or other features imply differing objectives regarding their use and future development.
Each environment designation represents a particular emphasis in the type of uses and the extent of development
that should occur within it. The environmental designation system is designed to encourage uses in each
environment that enhance or are compatible with the character of the environment, while at the same time
requiring reasonable standards and restrictions on development so that the character of the environment is not
adversely impacted.
(b) Names of environment designations. In order to accomplish the purpose of this title, environmen ° all
designations have been established as follows:
(i) Shoreline residential.
(ii) Urban conservancy.
(iii) Natural.
(c) Limits of environment designations. Each environment designation shall cobs'st
1 .
(i) The entire water body within city jurisdiction, including all wate l t -h surface, the land below the
water body, the space above the water body, and the shorelands asskiNed with the water body. On the city's
marine shoreline, environment designations shall extend at i�, �dlfrro the ordinary high water mark to
the line of extreme low tide.
(ii) The shoreline areas within 200 feet of the ordina igh water mark and additional upland areas where
associated wetlands and floodplains extend beyond0 het Am the ordinary high water mark.
(d) Establishment of designations. o �!
(i) The written descriptions of the bound ar, �'e, t s oreline environment designations as adopted by
ordinance shall constitute the official leaa`tdescri ions of the boundaries of those environment designations.
(ii) The official maps prepared by the ttLrs cant to Chapter 173-26 WAC shall constitute the official
descriptions of the limits of all sho eland the city of Federal Way as defined by RCW 90.58.030 and
FWRC 15.05.030.
(iii) The department may, om ' o time, as new or improved information becomes available, modify the
official maps describe in s se tion (1)(d)(ii) of this section consistent with state guidelines to more
accurately represet, cl 'fy, or interpret the true limits of the shorelines defined herein.
(e) Location of bo , dare s.
(i) Bo daries in igated as following streets, highways, roads, and bridges shall,be deemed to follow the
centerline ofuch facilities unless otherwise specified.
(ii u tares indicated as following railroad lines and transmission lines shall be deemed to follow the
en zIiitq� 5f such rights-of-way or easements unless otherwise specified.
:�)_. here different environmental designations have been given to a tributary and the main stream at the
�otrit of confluence, the environmental designation given to the main stream shall extend for a distance of
00 feet up the tributary.
(iv) In case of uncertainty as to a wetland or environment boundary, the director of community development
services shall determine its exact location pursuant to the criteria of WAC 173-22-040 and RCW 90.58.030,
and the provisions of this title.
(Ord. No. 11-705, § 5'(Exh. B), 11-1-11.)
/ J
r
15.05.070 Summary of uses, approval criteria, and process.
(1) Uses not addressed in the program shall be conditional uses.
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(2) Specific regulations for each use/development are provided in subsequent sections for shoreline residential
(FWRC 15.05.080), urban conservancy (FWRC 15.05.090), and natural (FWRC 15.05. 100) environments. All
permitted and conditional uses may not appear in the permitted use table (subsection (5) of this section). In cases
where uses are not listed, or conflicts exist with other section(s) of the program, the text provisions shall control.
(3) Prohibited uses.
r
(a) The following uses are prohibited in all shoreline environments:
(i) Commercial agriculture.
(ii) Aquaculture.
(iii) Forest practices.
r\A
(iv) Industrial uses.
(v) Mining.
(b) Additional uses are prohibited in specific shoreline environments, as detailed b per 'tted use table and
FWRC 15.05.080, 15.05.090, and 15.05.100.
(4) Prohibited shoreline modifications.
(a) The following shoreline modifications are prohibited in all shoreli e vir nments:
(i) Jetties.
(ii) Groins.
(b) Additional shoreline modifications are prohibited in s � i'. c sh eline environments, as detailed by the
permitted use table and FWRC 15.05.080, 15.05.09it�xe
0?100.
(5) Permitted use table. The following table summarize11-tted, conditional, and prohibited uses for each
shoreline environment:
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Shoreline Environment
Shoreline Modlllc Loon
Shoreline Residential
Urban Conservancy
Natural
Shoreline Stabilization'
'
P/C'
X
Piers and Docks
low
P/C'
P/C3
X
Mooring Buoys and Flo2tT
'0. A
P
P
X
Boating Faciliti
C
C°
X
Floating Brea rvat s'
C
X
X
Dred ng 1lin �
P/C5
- PICS
X
Shoreline,Use
Shoreline�Residential
Urban Conservancy
Natural
ice d ommercial
o ent
X
6X
X
Recreational Development
P
P
P/X9
Residential Development
P
P
C$
Accessory Structures
P
P
C
Utilities6
P
P
C
Transportation/Parking Facilities
P
P
C
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Chapter 15:05 SHORELINE MANAGEn ENT
P = Allowed as exempt from permitting or permitted with substantial development pen -nit
C = May be allowed with shoreline conditional use permit
X = Prohibited
I Includes bulkheads, bio -engineered erosion control projects, and other shoreline stabilization activities.
2. Soft -shore stabilization is permitted and hard armoring (e.g., bulkheads, riprap) is subject to a shoreline conditional use pen -nit.
3. Public piers and docks are allowed with alCUP.
4. Floating breakwaters are allowed with a�,WM
oreline conditional use permit, and only when used to protect a public boat launch. Nonfloating
breakwaters are prohibited.
5. Dredging and all fill waterward of the O requires a conditional use permit.
6. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments.
7. Parking as a primary use is prohibited in all shoreline environments, but allowed if serving an allowed shoreline use.
8. Multifamily residential development is prohibited within the natural environment.
9. Non -water -oriented recreational development is prohibited in the natural environment.
(6) Standards table. The following tabl I summarizes siting, design, and dimensional standards o grogram, as
specified within FWRC 15.05.040, 15.05.050, 15.05.080, 15.05.090, and 15.05. 100 for general horel` e'ktegulations,
shoreline modifications, and shoreline uses:
I
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Shoreline Environment tp
1
Shol eline Residential
Urban Conservancy Natural
General standards for all development and uses NJ
(further detailed by specific use regulations Below)
Height
35 feet
35 feet
ONNXN
35 feet
Shoreline setbacks'
50 feet from OHWM or as
50 feet frm. ' r as
100 feet from OHWM or as
required for protection of critical
requ*�r,�W�for p tection of critical
required for protection of critical
areas, wliichever is greater
areft�7Aj cheveerr is greater
areas, whichever is greater
Vegetation conservation area;
COnservJ 70% (minimum) Of
r
Cosi ' �,8N% (minimum) of
Conserve 100% of native
native vegetation and 70% `
live vegetation and 80%
vegetation and 100% of native
(minimum) of native trees i,inmimum)
of native trees in
trees in setback
setback _
te'i`back
-
°Office and commercial developnienr
a.
Shoreline setbacks'
f4
75 feet from OHWM or as
required for protection of critical
N A (Pr 15 ted
areas, whichever is greater-
N/A (Prohibited)
l
Associated overwater structures
Prohibited, unless providing_
public access
Residential development i s.- t ,
Shoreline setbacks'gle-
f roily: 50 feet from
Single-family: 50 feet from
Single-family only, subject to
OHWM or as required for
OHWM or as required for
CUP: 100 feet from OHWM or
protectio!rr of critical areas,
protection of critical areas,
as required for protection of
whichever is greater'
whichever is greater'-
critical areas, whichever is
Multifaniily: 75 feet from
(no multifamily zoning in this
greater
OHWM or as required for
environment)
protection of critical areas,
whichever is greater'
`
ensit N
Subject to underlying zoning
Subject to underlying zoning
Subject to underlying zoning
(typicall� 7,000 to 10,000 sq. ft.
(7,000 to 10,000 sq. ft. minimum
(5 -acre minimum lot size)
minimurh lot size; limited areas
lot size) -
of multitamily residential
zoning, 1,800 sq. ft. minimum
lot size)
'Residential accessory structures within the required shoreline setback.-
L
Height
8 feet "
8 feet J
8 feet
Maximum footprint
150 sf per structure;
150 sf per structure'-;
150 sf per structure°;
300 sf total per lot
300 sf total per lot
300 sf total per lot
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Shoreline Modifications
Shoreline stabilization ' (FtklkC. �15.05t0740ti ))`
t—
Design requirements
• Nonstructural alternatives prioritized
• Creation of new land prohibited
• Located at or landward of ordinary high water
• Marine: creosote prohibited
• Fresh water: chemically treated wood prohibited
• Revegetation with native plants required
N/A (Prohibited)
• Maximum height is I foot above elevation of mean "'mss
ordinary high water (lakes) and minimum necessary to
protect the upland structure(s) or development proposals) alone
tidal waters. Minimum necessary bulkhead height requirements
must be supported by both recorded tidal events and geotechnical
documentation by a qualified professional.
Piers, docks, mooring _buoys, and _floats (F\V.RC t5?05:0730(2))
Side yard setbacks
Consistent w/underlying zoning, except none when joint use
Maximum height
Above water surface level: 5 feet
Siting and design requirements
• Dwelling units prohibited on piers and docks,
• Covered overwater structures prohibited
• Piers and docks oriented perpendicular to the shore 4e,
• Piers and docks: must be constructed from mater s " t a] owl
light penetration through the structure
N/A (Prohibited).
• Marine: creosote prohibited
• Fresh water: chemically treated wood prohrbi d
• Public dock moorage limited to recre ,'ural uiN
• 1 dock per existing residential lot
• 1 shared dock per new multifaimly ev- opment, subdivision, or
short subdivision (additional li rt tion on umber of moorage
spaces) 1
• 1 float per existing resider cV' ed dock per new multifamily
development/subdivi� shgshdivision
Pier and dock dimensions, lake
• Residential piers, d do ks< n4aximum waterward intrusion:
shorelines
based on avers leng�h,,?dearest existing docks on either side of
the propos oc ; ne er to exceed 36 feet from OHWM or length
ato�w OHWM, whichever is reached first
Xur
• Moot rdsn dock width (8 -foot for joint use)
N/A (Prohibited)
Pier and dock dimensions, marine
axr ryvaterward intrusion froin OHWM 75 — 100 feet
'3n
shorelines
�pendin use
oot maximum dock width
inimum 45% transparency of decking
Float dimensions d stand s
aximum waterward intrusion: 45 feet from OHWM on lakes
• Maximum surface area: 100 sq. ft.
• Use of grating on at least 30% of surface area
Boating, laciliiies:'launching ramps, rails, andllifi stations (FWRC 15.05A7S0(3))
Dirsi s r. standards
• No more than 60 feet waterward from OHWM
• No more than 8 feet below OHWM
• No more than 1 ramp per shoreline development
• Shall not be allowed for developments with existing pier, dock,
N/A (Prohibited)
float, or other functional moorage. Piers, docks, floats, or other
forms of moorage shall not be permitted for developments with
existing launch facilities.
1. Maximum heights may be increased pursuant to the shoreline environment -specific regulations of this program (FWRC 15.05.080(3),
15.05.090(3), and 15.05.100(3)).
2. Please refer to the shoreline environment -specific regulations of this program for additional detail related to residential setbacks, including
exceptions or modifications to the standard minimum setback (FWRC 15.05.080(3), 15.05.090(3), and 15.05.100(3)).
3. See Shoreline Vegetation Conservation Standards under FWRC 15.05.075
4. Grass -grid pavers count towards 50% of the maximum footprint requirement. '
3 5. See additional review and approval criteria and design requirements in FWRC 15.05.050(1).
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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Vegetation conservation areas shall consist of a non -clearing area established to protect the integrity, functions,and
values of the affected critical area or shbreline but may also be modified and reduced to accommodate allowed uses
when consistent with the Act and this program.
(2) General Requirements In order to Implement this program's policies for preservation of native plant communities
on marine, lake, and wetland shorelines) mitigation sequencing per FWRC 15.05.040(1, shall be applied during site
planning for uses and activities within the shoreline jurisdiction so that the design and location of the development
minimizes native vegetation removal.
(�1 FI -1--f nr nePc that ramiirP vaavtatinn r1pnrina chall hp. rlecianerl to nvnid thnifioll"im
nWltta Itt\th
/ oruer lnutcateu getow, wim suose
(i) Nati-+e-Trees;
(ii) Shrubs; and
(iii) Other ~vegetati n;
trees shal
(i) One allowed develo anent ac
square feet in size; I •
I
(ii) Maintenance on existing_ structures;
I
Vtv Retuirenrents. 140 maintain the ecological functions that trees provide in the shoreline environment,
retainedtaccord'ing to FWkC 19.120.130-2 Tree Unit Credits Table or, if removed, the loss of shoreline
ne`1ion&sh1Il be mitigated for, subject to the following standards:
kb D ' elo ment Activi — For diseased, nuisance, or fallen tree removal in the shoreline setback but
,iA* a nrnentallv critical areas as defined under FWRC Cha ter 19.145 and 19.142 when no
elopment activity is propo ed or in progress, the following tree replacement standards and requirements in
RC 19.120.130, Exemptions shall apply. In addition the following provisions in shoreline iurisdiction apply'
i
GO This may include, but shall not be limited to, a riparian restoration planting plan consisting of at
least 60 percent shrubs acid some groundcovers selected from the King County Native Plant List that
shall equal at'a minimum 80 square feet for each tree to be replanted. Shrubs shall be a minimum of three
feet wide in all dimension's at the time of planting. Planting plan requirements are found under subsection
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(3)(b)(i) of this section. The applicant shall submit a planting plan to be reviewed by director or
designee who may approve, approve with conditions, or deny the request.
iii A tree removal request shall be submitted in writing to the city prior to any tree removal within the
shoreline setback. The request shall include the location, number, type, and size of tree(s) being
removed, and the proposed replacement tree(s) and riparian vegetation planting plan meeting the
standards required in subsection (3)(a)(i) of this section. The city shall inspect the tree replacement once
installation is complete.
(b) Development Activity — For tree removal in the shoreline setback when development activity is
proposed or in pro ess.
(i) Submittal Requirements in the Shoreline Setback
(A) A site plan showing the approximate location of significant trees, thei r ize L B -and their
species, along with the location of existing structures,, driveways, access ways, and easements,
and the proposed improvements.
(B) An arborist report stating the size (DBH), species, and assessmen ofTiealth of all significant
trees located within the shoreline setback. This requirement may 06 wa ved 6y the director or
designee if it is determined that proposed development activity�i not potentially impact
significant trees within the shoreline setback. -
C Show how the proecmlies with the requirements
listed in subsections 2 3), (4),'(6), (7 and 8 of this section
(ii) Tree Retention Standards in the Shoreline Setbac Th irector or"designee is authorized to require
site plan alterations to retain trees in the shoreline setback�according to FWRC 19.120.130(2), Tree Unit
Credits Table. Such alterations include minor adiristments to the location of building footprints,
adjustments to the location of driveways andFces1,ways, or adiustment to the location of walkways,
easements, or utilities. The applicant shall lleAncOuraged to retain viable trees in other areas on site.
(c) An alternative replacement option rnay7b&ftN7d if an applicant can demonstrate that:
(i) It is not feasible to plant all ofthrequired mitiLyation trees in the shoreline setback of the subject
property, given the existing treepcan p r'Qc age and location of trees on the property, the location of
structures on the Dropert9t aii"c n inirrlum spacing requirements for the trees to be planted,
(ii) The required tr ,re lac - e—,n twill obstruct existiniz views to the regulated shorelines at the time of
planting or upon futurerowthlhat cannot otherwise be mitigated through tree placement or
maintenance activities. TNAIJ—pt—shall be responsible for providing sufficient information to the cid
to determine wM,he the tree replacement will obstruct existing views to the regulated shorelines.
(iii) The SterrfaNre lacement option be -is equal to or superior to the provisions of this section in
accogylishinl§the pgMose and intent of maintaining shoreline ecological functions and processes. 7730-
A&Ha ' k eeaw,A provided it meedx s the riparian vegetation planting standards.
iv:'4',-Tthe alternative plan is consistent with the standards provided in this subsection, and the director
Adesigaiee 6hell approves the plan or imposes conditions to the extent necessary to make the plan
consistent with the provisions. If the alternative mitigation is denied, the applicant shall be informed of
he deficiencies that caused its disapproval so as to provide guidance for its revision and re -submittal.
(4) Rep mating Requirements in the Shoreline Setback. If the director or designee approves removal of a significant
tree in the shoreline setback area, then the tree replacement requirements in FWRC 19.120.130, Tree and
vegetation retention standards, apply-, in addition to the provisions below. See alternative mitigation options in
subsection (3)(c) of this section that maybe proposed.
(a) For required replacement trees, a planting plan showing location, size, and species of the new trees is
required. All replacement trees in the shoreline setback must be selected from the King County Native
Plant List, or other native or shoreline appropriate species approved by the director or designee.
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Chapter 15.05 SHORELINE MANAGE ENT
5 Tree
prum
(i) An alternative mitigation option maybe approved if an applicant can demonstrate that their proposal
i
(a) Topping of trees is prohibited except where demonstrated necessary for safety. A written report by
a certified arborist or other` qualified professional is required to evaluate potential safety hazards;
(b) In no circumstance shall removal of more than one-fourth of the original crown be permitted;
(c) Pruning shall not include topping, stripping of branches, or creation of an imbalanced,ccan '
(d) Pruning shall retain bzanches that overhang the water to the maximum extent feasibMeIw`;'Jle
allowing for appropriate view of the regulated shoreline;
e An advance site visit inay be required by the department of comm ---.i deveMmenorder to
confirm the proposed thinning is consistent with this section and tree and critita' l area`�p otection
standards. The city may also utilize site photographs in lieu of a site visit where su icient detail is
available to make a determination on consistency with thinning standards:
(6) Required Vegetation in Shoreline Setback – Riparian vegetation contributes to,shoelm ecological functions in a
compounds, attenuating wave enerk, ,, removing and stabilizing sedimen"t, On roviding woody debris and
organic matter. In order to minimize potential impacts to shoreline e— $Lc lo'`ical functions from development
activities, the following shoreline vegetation standards are re`w"red:
(i) Location
f nearshore
e applicant shall plant native vegetation, as
's shoreline frontage for the nearshore riparian area
'development that require improvements adjacent to the
boat launches, swimming beaches, or other similar activities,
t portions of the nearshore riparian area located along the
shall'plant native vegetation, as necessary, in at least 75 percent of the
tervening property between the shoreline and an inland property
xty abutting the upland property has an average parcel depth of less
be provided within the shoreline setback portion of the upland
I
shoreline vegetation already exists on the intervening lot meeting the standards of
tandards table.
(ii) The intervening pr I perty owner agrees to installing the shoreline vegetation on their property,
(iii) A proposal for alternative compliance is approved under the provisions established in subsection _
(3)(a)(ii) of this sectionl
(d) Planting Spacing Requirements
(i) Installation of native vegetation shall consist of a mixture of trees, shrubs, and groundcover and
be designed to improve! habitat functions. At least three trees per 100 linear feet of shoreline must be
included in the plan, with portions of a tree rounded up to the next required tree. At least 60 percent of
the landscape bed shall (consist of shrubs to be attained within two years of installation.
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(e) Use of Existing Vegetation — Thecity shall accept existing native trees, shrubs, and groundcover as
meeting the requirements of this subsection including vegetation previously installed as part of a prior
development activity, provided that the existing vegetation provides a landscape strip at least as effective in
protecting shoreline ecological functions as the required vegetation. The cid may require the applicant to
plant trees, shrubs, and groundcover according to the requirements of this subsection to supplement the
existing vegetation in order to provide a buffer at least as effective as the required setback.
(i) Landscape Plan Required — In instances where new native vegetation is installed as mitigation or
to restore lost shoreline setback vegetation conservation area minimum requirements prescribed in
FWRC 15.05.070(6), the applicant shall submit a landscape plan consistent with the requirements
or dock, or structural shoreline stabilization measure, vegetation selection and placement shall
following standards:
designated view corridors from the public right-of-way
(b) Vegetation may be selected and positioned to main
, compliance is approved.
be installed unless the applicant
demonstrates one (1) of the following:
i) The vegetation will not provide shoreline ecological function due to existing conditions. such as
the presence of extensive shoreline stabilizationrMeasurLN that extend landward from the OHWM, or
(ii) It is not feasible to plant all of the FequtMe Netation on the subject property, given the existing
tree canopy coverage and location of trees�on*theproperty the location of structures on the property
property located between the if irnary structure and OHWM, such as the existing structure is located in
very close proximity totthe+QkWM`. he area in between the primary structure and the OHWM is
encumbered by a sanitar%se�"wer, p blit pedestrian access easement, public access walkway, or other
mainteffa-ncelcti-Nties. The applicant shall be responsible for providing sufficient information to the
lie are equal or superior to the provisions of this subsection in
ind intent of maintaining and improving shoreline ecological functions
shall be reviewed by the director or designee who may approve,
city staff or the city's consultant shall be borne by the applicant.
(e) If the alternative plan is consistent with the standards provided in this subsection the director or
designee shall approve the plan, or may impose conditions to the extent necessary to make the plan
consistent with the provisions. If the alternative mitigation is denied the'applicant shall be informed of the
deficiencies that caused its disapproval so as torop vide guidance for its revision and re -submittal
(8) Responsibility for Regular Maintenance The applicant landowner, or successors in interest shall be responsible
for the regular maintenance.of vegetation required under this section Plants that die must be replaced in kind or with
similar plants contained on the King County Native Plant List or other native or shoreline appropriate species
approved by the director or designee. I -
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(a) All required ve eta ationust be maintained throughout the life of the development.
(b) Plantings shall occur in thI e late fall or early spring to ensure a higher survival rate and shall address the
plant installation and maintei'iance requirements set forth in FWRC 19.120.220, Revegetation and
19.120.240 Performance assurance.; Performance and maintenance standards of a minimum two-year
maintenance bond may be required. Plant materials shall be identified with both their scientific and
common names. Any required irrigation system must also be shown. `
15.05.080 Shoreline residential env, ronment.
(1) Purpose. The purpose of the "shoreline residential" environment is to accommodate residential do vel" en and
pr�
appurtenant structures that are consistent with this chapter. An additional purpose is to provide apppiiate ublic
access and recreational uses.
(2) Designation criteria. Designation criteria for the shoreline residential environment arein!r`svided in the city's
shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibite tex �p ater-dependent recreational
uses, .permitted shoreline modifications, and public utilities.
(b) No structure shall -exceed the hight allowed by the unde yin ni%or 35 feet above average grade level,
whichever is less.
(i) This requirement may be odified if the view of a y eigh oring residences will not be obstructed, if
permitted by the applicable provisions of thewrid r �n azo ing, and if the proposed development is
water -related or water -dependent. For any pr pis st _cure with a height exceeding 35 feet, a view
analysis shall be completed and approved }the cil�y o ensure that visual public access is not affected
consistent with FWRC 15.05 '040(7).
(c) All development shall be requil edto--provid -:ail quate surface water retention, erosion control, and
sedimentation facilities during thg.co0sti. tion riod.
(d) Setbacks. Development sh,�lftAaa*i �la, o minimum shoreline setback of the first 50 feet of property landward
from the ordinary high` water rk, t� er designated minimum setback necessary to protect designated critical
areas per FWRC 15.05.040(4), A c ever is greater. This -minimum setback area shall be retained as a vegetation
conservation area,��suo-'bjec to rovisions referenced in subsection (3)(e) of this section.
(e) Vegetation corisery tin req. � he required setback area shall be considered a vegetation conservation area.
Within the v etatio conservation area, no more than 30 percent of the area with existing native shoreline
vegetation date Clea ed, and a minimum of 70 percent of existing native trees shall be retained. Tr-ees-
I act mitigation. All developments and uses shall result in no net loss of ecological functions and shall be
con tstent with the impact mitigation requirements of FWRC 15.05.040(1).
(g) Collection facilities to control land separate contaminants shall be required where stormwater runoff from
impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties.
(h) All development in the shoreline residential area must comply with applicable regulations identified within
the general development standards, shoreline modifications, and all other applicable sections of this chapter.
(4) Shoreline modifications.
(a) Allowed modifications to the horeline within shoreline residential designated areas include the following:
L
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(i) Shoreline stabilization. Allowed within the shoreline residential designated areas under the requirements
imposed by FWRC 15.05.040 and 15.05.050(1).
(ii) Piers and docks. Allowed within shoreline residential designated areas under the requirements imposed
by FWRC 15.05.040 and 15.05.050(2).
(iii) Mooring buoys and floats. Allowed within shoreline residential designated areas under the requirements
imposed by FWRC 15.05.040 and 15.05.050(2).
(iv) Boating facilities — launching ramps, rails, and lift stations. Permitted with a conditional use permit in
parks and public access areas within the residential environment under the requirements imposedWRC
15.05.040 and 15.05.050(3).
(v) Breakwaters. Floating breakwaters are allowed within the shoreline residential areas w th`t3 s reltie
conditional use permit under the requirements imposed by FWRC 15.05.040 and 15. 5. 5,0WI, ).
(vi) Dredging and filling. Allowed within shoreline residential designated areas with a orel'%e conditional
use permit under the requirements imposed by FWRC 15.05.040 and 15.05.050(5`
(b) Prohibited modifications to the shoreline within shoreline residential designat oar as i clude the'following:
(i) Jetties and groins.
(5) Shoreline uses.
(a) Allowed uses within shoreline residential designated areas
(i) Residential development. Single-family residential A
environment. Single-family and multiple -family residenti
home occupations may be permitted in the shoreline est,
(A) The proposed use is permitted in the underlying
(B) Residential development is
(C) Setbacks.
5e,f'priority use in the shoreline
-lopment, accessory dwelling units, and
environment subject to the following:
classification.
of the ordinary high water mark.
(I) Single-family residentia+rdeveeloo ent on marine shorelines shall maintain a minimum shoreline
setback of 50 feet from t in ry high watermark. Single-family residential development on lake
and marine shoreline s ate: amtain a minimum setback behind the stringline setback or 50 feet
from the ordinatligh tgmark, whichever is greater. If the site contains one or more designated
critical areas, the se# ac shall be the minimum necessary to protect such designated critical areas
per FWRC —5.040 , or the stringline setback, or 50 feet from the ordinary high water mark,
whic ver 's r. Where critical area setbacks do not apply, the standard 50 -foot minimum
setbaclt>1a odified pursuant to the following exception:
!-(a�l fgunily residential development is proposed on a lot where properties on at least one side
o th lot are developed in single-family residences located less than 50 feet from the ordinary high
ater mark, then the proposed residential development may be located the same distance from the
r maty high water mark as the adjacent residences (using the stringline setback method as defined
in FWRC 15.05.030), but shall in no case be closer than 30 feet from the ordinary high water mark.
(II) Multifamily residential development on marine shorelines shall maintain a minimum setback of
75 feet from the ordinary high water mark. Multifamily residential development on lake shorelines
shall maintain a minimum setback behind the stringline setback or 75 feet from the ordinary high
water mark, whichever is greater. If the site contains one or more designated critical areas, the
setback shall be the minimum necessary to protect such designated critical areas per FWRC
15.05.040(4), or the stringline setback, or 75 feet from the ordinary high water mark, whichever is
greater. Where critical area setbacks do not apply, the standard 75 -foot minimum setback may be
modified pursuant to the following exception:
(a) If multifamily residential development is proposed on a lot where properties on at least one side
of the lot are developed in multifamily residential uses located less than 75 feet from the ordinary
high water mark, then the proposed residential development may be located the same distance from
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the ordinary high water mark as the adjacent residential uses (using the stringline setback method as
defined in FWRC 15.05.030) but shall be no closer than 50 feet from the ordinary high water mark.
(D) Public access. In review of all shoreline permits or developments of more than four residential lots
or dwelling units, or subdivision of land into more than four lots, consideration of public access shall be,
required consistent with FIIWRC 15.05.040(7).
(E) Where allowed consistent with underlying zoning, subdivision of land shall be configured through
the orientation of lots to:
(I) Prevent the loss ofecological functions at full build -out by providing adequate developable space
outside of setbacks; and
(11) Avoid the need for r new shoreline stabilization and flood hazard reduction meas s.
I
(ii) Accessory structures. Residential accessory structures may be placed within the uir or line
setback, provided:
(A) No accessory structure shall cover more than 150 square feet.
(B) No more than 300 sgdare feet of accessory structures shall be allow
(C) No accessory structurl shall exceed eight feet in height.
(D) Existing native shoreline vegetation within the shoreline s t ck ' onserved as per general
requirements in subsectio Ins (3)(d) and (e) of this section.
(iii) Recreational development. Recreational developm m e ermitted in the shoreline residential
environment subject to the general requirements of this ch er, p vided:
(A) The recreational development is permitted i he ndNer ying zone.
B The facilities are located, designed, an o erat d 'n a manner consistent with the purpose of the
( ) g
residential environment.
(C) Recreational develop ent that p ofiRlic access to and use of the water shall be given priority.
(D) Recreational develop ent ha}iro ', dmitigation consistent with the general requirements of this
chapter and shaII lead to po et ss a ecological functions.
(E) Swimming areas ailLh�,p ated from boat launch areas.
Page 30/59
(F) Boat launching faci 'es ,ay be developed, subject to a shoreline conditional use permit, provided:
C (I) The parn d tra fic generated by such a facility can be safely and conveniently handled by
the s eets nd e s slerving the proposed facility.
The cility will i of be located on a beach area or cause net loss in shoreline function.
(U 1 facilities constructed in conjunction with a recreational development shall be set back and/or
site o avo adverse imliacts to the functions of the shorelines of the city.
lic pedestrian and bicycle pathways shall be permitted adjacent to water bodies. Such trails and
atiways must be made of pervious materials, if feasible.
I
I) Public contact with unique and fragile areas shall be permitted where itis possible without destroying
the natural character of the area.
(J) Water viewing, nature) study, recording, and viewing shall be accommodated by space, platforms,
benches, or shelter consistent with public safety and security.
(iv) Utilities. Utility facilities, with the exception of cellular towers, solid waste transfer stations, and
production and processing facilities, may be permitted in the shoreline residential environment subject to the
requirements of this chapter,;provided:
(A) No other practicable alternative location outside of the shoreline jurisdiction with less impact to the
environment is available for the facility.
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l '
(B) Utility and transmission facilities shall:
r
(I) Avoid disturbance of unique and fragile areas.
(II) Avoid disturbance of wildlife spawning, nesting, and rearing areas.
(IlI) Conserve native shoreline vegetation, particularly forested areas, to the maximum extent
possible.
(IV) Avoid 9overhead utility facilities shall net b@ „,..ffi-itted'in public parks, monuments, scenic,
recreation, or historic areas. )
(V) Minimize visual impact.
(VI) Harmonize with or enhance the surroundings.
(VII) Not create a need for shoreline protection.
(VIII) Utilize to the greatest extent possible natural screening.
(IX) Mitigate for unavoidable impacts to achieve no net loss of shoreline colo ical functions.
(X) Be located in existing utility and transportation rights-of-waNe%m-such
w�f asible.
(C) The construction and maintenance of utility facilities shall be'd away so as to:
(I) Maximize the preservation of natural beauty and the crouse alion of resources.
l
(II) Minimize scarring of the landscape.
(III) Minimize siltation and erosion.
(IV) Protect trees, shrubs, grasses, natural fe zs,�an topsoil.
(V) Avoid disruption of critical aquati d ildlife stages.
(D) Rehabilitation of areas disturbed b tri_ nt;,truction and/or maintenance of utility facilities shall:
(I) Be accomplished as rapidl a � 1°osstblo minimize soil erosion and to maintain plant and
wildlife habitats.
(II) Utilize native treeaQ . � lis.
(E) selild W Ste
(v) Transportc(tio a asking facilities. Transportation and parking, except parking facilities associated
with detachedk ingl fahlily development, shall conform to the following minimum requirements:
( nsportation corridors shall be developed consistent with the transportation element of the Federal
ay com ehensive plan (FWCP) and designed to provide the best service with the least possible impact
oniiIS'orelin ecological function. Impacts to functions shall be mitigated to achieve no net loss of
c to gfal'functions.
New road construction shall be the minimum necessary to serve a permitted shoreline use.
C)New public transportation facilities shall provide turnout areas for scenic stops where feasible.
(D) Parking facilities serving individual buildings on the shoreline shall be located landward from the
principal building being served, except when the parking facility is within or beneath the structure and
adequately screened, or in cases when an alternate location would have less environmental impact on the
shoreline.
Z
(E) New surface transportation facilities not related to and necessary for the support of shoreline
activities shall be located outside the shoreline jurisdiction if possible, or set back from the ordinary high
water mark far enough to make protective measures such as riprap or other bank stabilization, landfill, or
substantial site regrade unnecessary.
• l
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(F) Maintenance, repair, replacement, or other roadway improvements (including but not limited to
widening to serve existing;or projected volumes, installation of curb and gutter, sidewalks, illumination,
signals) to existing surface transportation facilities shall be allowed within shoreline residential
designated areas. Improvements that create a need for protective measures such as-riprap or other bank
stabilization, landfill, or substantial site regrade shall not be permitted unless no alternative exists and
impacts to shoreline ecological functions are mitigated.
(G) Any new development or expansion of existing development creating greater than six total parking
stalls must meet the water quality standards required by the King County surface water manual for "high
use" sites and "resource steam protection." s�
(H) Outdoor parking area perimeter, excluding entrances and exits, must be maintained as a� g area
with a minimum width of Ifive feet.
(1) One live tree with minimum height of four feet shall be required for eac 30 e et of
planting area.
(II) One live shrub of one -gallon container size, or larger, for each 60 Hoe 1rin es of planting area
shall be required.
(II1) Additional perimeter and interior landscaping of parking areas,,ma be required, at the
discretion of the director, when it is necessary to screen park'ng real o when large parking areas
are proposed.
(I) Parking as a primary use in shoreline jurisdiction shall be r bbite�d.
(J) Parking in the shoreline jurisdiction shall directly r a e , iitted shoreline use and environmental
and visual impacts shall be minimized.
(K) Transportation and parking facilities for sub i 'si i1, multifamily residential, and commercial uses
shall incorporate low impact development' I��' signs to minimize stormwater runoff.
(L) Transportation facilities I s shall not ad sel mpact existing or planned water -dependent uses. _
(b) In addition to those uses prohibited in all %Sreiiji nvironments by FWRC 15.05.070(3), the following uses
are prohibited uses within shoreline resident al �gignated areas:
(i) Office and commercial
(Ord. No. 11-705, § 5 (Exh. B), 1
15.05.090. Urban conseri
(1) Purpose. The purpose of
environment is to protect and restore ecological functions of
open space, floodplain nd 4 he sit ve lands where they exist in urban and developed settings, while allowing a
variety of compatib e us riQr~ shoiild be given to water -oriented uses over non -water -oriented uses in the urban
conservancy envivment. esidential development and appurtenant structures should be accommodated in the urban
conservancy e L�iron ent wh n consistent with existing land use and zoning, and when consistent with this chapter.
An additional p '; 6se iss'To provide appropriate public access and recreational uses.
(2) De S ti t ia. Designation c I teria for the urban conservancy environment are provided in the city's
shore)iin to e program.
(3) ner; I requirements.
(a) Development waterward of the ordinary high water mark is prohibited except water -dependent recreational
uses, permitted shoreline modifications, and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above average grade level,
whichever is less. This requirement may be modified if the view of any neighboring residences will not be
obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is
water -related or water -dependent. For any proposed structure with a height exceeding 35 feet, a view analysis
shall be completed and approved by the city to ensure that visual public access is not affected consistent with
FWRC 15.05.040(7).
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(c) All development shall be required to provide adequate surface water retention and sedimentation facilities
during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 50 feet of property landward
from the ordinary high water mark or other designated minimum setback necessary to protect designated critical
areas per FWRC 15.05.040(4), whichever is greater. This minimum setback area shall be retained as a vegetation
conservation area, subject to provisions referenced in subsection (3)(e) of this section.
(e) Vegetation conservation area. The required setback area shall be considered a vegetation conservation area.
Within the vegetation conservation area, no more than 15 percent of the area with existing native shoreline ,
vegetation shall be cleared, and a minimum of 80 percent of existing native trees shall be retained. SeeTWRC
15.05.075, shoreline setback vegetation conservation standards for submittal requirements i, -are basedaunon a
iven activity within this area.
(f) Impact mitigation. All developments and uses shall result in no net loss of ec8jogc unctions and shall be
consistent with the impact mitigation requirements of FWRC 15.05.040(1).
(4) Shoreline modifications.
(a) Allowed modifications to the shoreline within urban conser dan yN s gnat . areas include the following:
(i) Shoreline stabilization. Allowed within urban conserva c, des'stghated areas under the requirements
imposed by FWRC 15.05.040 and 15.05.050(1).
(ii) Piers and docks. Allowed within urban consecS+,d ignated areas under the requirements imposed
by FWRC 15.05.040 and 15.05.050(2). �`
(iii) Mooring buoys and floats. Allowed v�ixh tIM b conservancy designated areas under the requirements
imposed by FWRC 15.05.04.0 and 15.05LOSO(Z)
(5
(iv) Boating facilities — launching xOmps- r Us, and lift stations. Permitted with a shoreline conditional use
permit in parks and public acce r lin the urban conservancy environment under the requirements
imposed by FWRC" 15.0. 040 SIN 5.050(3).
(v) Breakwaters. Floating rea as ers are allowed within the urban conservancy designated areas with a
shoreline conditional to per funder the requirements imposed by FWRC 15.05.040 and 15.05.050(4).
(vi) Dredgin and 111" ,k4llowed within urban conservancy designated areas with a shoreline conditional
Use permi"un 'tirements imposed by FWRC 15.05.040 and 15.05.050(5).
(b)
to the shoreline within urban conservancy designated areas include the following:
ithin urban conservancy designated areas include the following:
development. Allowed within urban conservancy designated areas under the requirements
n FWRC 15.05.080(5)(a)(i), with the following additional restrictions:
(A) Setbacks. Residential development on marine shorelines shall maintain a minimum setback of 50
feet from the ordinary high water, mark, or other established minimum setback necessary to protect
designated critical areas per FWRC 15.05.040(4), whichever is greater. Residential development on lake
shorelines shall maintain a setback behind the stringline setback, or 50 feet from the ordinary high water
mark, or other established minimum setback necessary to protect designated critical areas per FWRC
15.05.040(4), whichever is greater. Exceptions to minimum setback requirements included in FWRC
15.05.080(5)(a)(i)(C), for both single-family and multifamily development, shall apply.
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Chapter 15.05 SHORELINE MANAGE ENT
(B) Accessory structures. Allowed "within urban conservancy designated areas under the requirements
imposed by FWRC 15.05.080(5)(a)(ii).
(ii) Recreational development) Recreational development may be permitted in the urban conservancy
environment subject to the general requirements of this chapter and under the requirements imposed by
FWRC 15.05.080(5)(a)(iii).
(iii) Utilities. Allowed within Urban conservancy designated areas under the requirements and restrictions
{ imposed by FWRC 15.05.080I(5)(a)(iv).
(iv) Transportation and parki`ig facilities. Allowed within urban conservancy designated areas der the
requirements imposed by FW ZC 15.05.080(5)(a)(v).
(v) Office and commercial development. Office and commercial development may be allow�e t
conditional use approval in the urban conservancy environment subject to the requir en �ts chapter,
provided:
(A) The office or commercial use or activity is permitted in the underlying zo ing clas tfication.
(B) Public access is provided consistent with the requirements of FWR 1 ° 0 .04 7).
I
(C) Non -water -oriented office and commercial uses are prohibited a es they meet one or more of
the following criteria: `
(I) The use is part of a mixed-use project that includes wa �igi�dent
uses and provides a
significant public benefit such as providing public ac e a,�eological restoration; or
navigability is severely limited at the proposed lie.
(II) In areas designat Id for commercial use, non-wa e�r ,oriented commercial development may be
allowed if the site •is physically separated fro t e sshoi<eline by another property or public
right-of-way.
(I11) Office and co ercial develop `en of result in a net loss of shoreline ecological
functions or have significant adve enl""p cyto other shoreline uses, resources, and values provided
for in RCW 90.58.020 such as utgMio , recreation, and public access.
(D) Office and commerciJI dev lopmen, on marine shorelines shall maintain a setback of 75 feet from
the ordinary high water th r or thdr established minimum setback necessary to protect designated
critical areas per FW 'C* 4 (4), whichever is greater. Office and commercial development on lake
shorelines shall maint in a t k behind the stringline setback, or 75 feet from the ordinary high water
mark, or other establish nimum setback necessary to protect designated critical areas per FWRC
15.05.040(4), w . ' ever is greater. The minimum setback maybe reduced using the stringline method,
when ap 1fCable b !fin i case shall the minimum setback be less than 50 feet from the ordinary high
water
(,Tier dockmoorage's, buoys, floats, and launching facilities will not be permitted in conjunction
vJ%th fic } r commercial development; unless they are developed as part of on-site public access to the
or ne.
t A ditional water quality standard must be met as per FWRC 15.05.040(3).
(O,tl: o. z0 § 5 (Exh. B), 11-141.)
15.0 00 Natural environment.
se of the "natural -environment" I l environment is to protect those shoreline areas that are relative) free of
(1) Purp se. The purpose p � Y
human influence, or that include intact or minimally degraded shoreline functions intolerant of human use. These
systems require that only very low intensity uses be allowed in order to maintain ecological functions and
ecosystem -wide processes. Consistent with the policies of the designation, the city shall plan for restoration of
degraded shorelines within this environment.
(2) Designation criteria. Designation cfiteria for the natural environment are provided in the city's shoreline master
program.
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(3) General requirements.
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(a) Development waterward of the ordinary high water mark is prohibited except water -dependent recreational
uses and public utilities:
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above average grade level,
whichever is less. This requirement may be modified if the view of any neighboring residences will not be
obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is
water -related or water -dependent. For any proposed structure with a height exceeding 35 feet, a view analysis
shall be completed and approved by the city to ensure that visual public access is not affected consistent with
FWRC 15.05.040(7).
(c) All development shall be required to provide adequate surface water retention and sedimentation a lfties
during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 100 feefpr e landward
from the ordinary high watermark, or other established minimum setback necessary to rotec esgnated critical .
areas per F,WRC 15.05.040(4), whichever is the greater setback, as a vegetation co
.r at area subject to
provisions referenced in subsection (3)(e) of this section.
(e) Vegetation conservation area. The required setback area shall be cons iderdd�g getation conservation area.
Within the vegetation conservation area, no native shoreline vegetation shall c aced; and all existing native
trees shall be retained. See FWRC 15.05.075. shoreline setback veeetatio`conse vation standards for submittal
requirements is are based upon a given activity within this area.
diseased may be femeved. Addifienally, the
above where an applieant agrees to r-eplaeeme
(f) Impact mitigation. All developments and uses si halles t in o net loss of ecological functions and shall be
consistent with the impact mitigation requirementtQf �Wl 15:05.040(1).
(4) Shoreline modifications. The following shorelin nl'odications are prohibited within the natural, designated
shoreline areas:
(a) Shoreline stabilization; •
(b) Piers, docks, moorages, buo S,, n4�c
(c) Boating facilities — launchr g r - rarls, and lift stations;
(d) Breakwaters, jetties, andl'groin d
(e) Dredging and fllin
(5) Shoreline uses
(a) Allowuses ,ithin natural designated areas include:
(i eii tial development. Multifamily residential uses are prohibited in the natural environment.
mgle- amily residential development and residential accessory structures may be permitted in the natural
var�ment with a shoreline conditional use permit with the following additional restrictions:
(A) Allowed only where single-family residential development is permitted in the underlying zone
classification.
(B) Single-family residential development is prohibited waterward of the ordinary high water mark.
(ii) Recreational development. Allowed within the natural designated areas subject to the limitations of
subsection (4) of this section and provided:
(A) The recreational development is permitted in the underlying zone.
(B) Non -water -oriented recreational uses and development are prohibited within the natural designated
areas.
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(C) The recreational development is located, designed, and operated in a manner consistent with the
purpose of the natural environment with a focus on passive recreation.
_ (D) Recreational develop I ent shall provide mitigation consistent with the general requirements of this
chapter and shall lead to no net loss of shoreline ecological functions.
(E) The parking and traffic generated by such a facility can be safely and conveniently handled by the
streets and areas serving the proposed development. _
(F) Upland facilities constructed in conjunction with a recreational development shall be set back and/or
sited to avoid adverse impacts to the functions of the shorelines of the city.
I
(G) Public pedestrian and )bicycle pathways shall be made of pervious materials.
(iii) Utilities. Allowed within !the natural designated areas with a shoreline condition".ermitt i d e :the
requirements and restrictions imposed within FWRC 15.05.080(5)(a)(iv).
(iv) Transportation and parkil g facilities. Allowed in the natural environment @n11FK1hee_ ssary to serye
an allowed use and subject tothe approval of a conditional use permit. Approilities must, at a
minimum, meet the requirements and restrictions imposed within 177WRC 15)�`a)(v).
(v) Low intensity public uses. Low intensity public uses including scien fi c-51 sfl rical,, cultural, and
educational research uses are allowed under the general requirements«he tiatural environment
(subsection (3) of this section); and provided, that ecological impact ar .a oided.
(b) In addition to those uses prohibited in all shoreline environe is ` WXG,15.05.070(3), the following uses
are prohibited uses within natural designated areas:
(i) Boating facilities,
(ii) Multifamily residential development,
ti
(iii) Office and commercial development.
(Ord. No.,11-705, § 5 (Exh. B), 11-1-0.)
Article IIL Sdniistrative Procedures
15.05.110 Shoreline management
The city of Federal Way hereby ad .pt
of the Washington Administrativeo
14
WAC:
(1) 173-27-020, Purpo-'
(2) 173-27-040,1
(-35)
with
(4 1)-27,2'70,Order to cease and desist.
7) 7-280, Civil penalty.
(6 8) 173-27-290, Appeal of civil penalty.
enforcement procedures, adoption by reference.
the following sections or subsections of Chapter 173-27, as amended,
entitled Shoreline Management Permit and Enforcement Procedures.
substantial development permit requirement.
(-7 9) 173-27-300, Criminal penalty.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-111.)
15.05.120 Permit processing and public notice.
An application for a shoreline development permit shall be made to the department of community development on
forms prescribed by the department. Public notice shall be provided as follows:
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(1) An application for a substantial development permit requires public notice as prescribed in Process III, Chapter
19.65 FWRC.
(2) An application for a shoreline conditional use permit or shoreline variance requires public notice as prescribed in
Process IV, Chapter 19.70 FWRC.
(3) The application for * c';^shoreline exemption, substantial development permit, conditional use Hermit,
and/or variance -permits tomes -apply to the most current SMP, effective 14 days after Ecology's approval letter. These
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.130 Shoreline exemption.
(1) The purpose of a shoreline exemption is to provide an approval process for uses and activiti I d p t tri ger
the need for a substantial development permit, but require compliance with the shoreline guide nes'dp. . e goals,
policies, and other provisions of the city's shoreline master program. A use or activity that qualifie fo an exemption
may require a shoreline variance (FWRC 15.05.160), or a shoreline conditional use permitRC ` .05.170). An
exemption from the substantial development permit process is not an exemption from camp ianc . with any other
applicable regulatory requirements.
(2) To qualify for an exemption, the proposed use, activity, or development in �,e�ette equirements for an
exemption as described in WAC 173,27-040.
(3) If the proposed development meets the requirements for an exe - tipn pp ant shall submit a request for an
exemption to the director of community development services ford w nd approval. The request shall indicate the
specific exemption provision from WAC 173-27-040 that is being ap - 'ed to the development. The city shall review
the request and provide a summary of the analysis demonstrat' onsisfency of the project with the Federal Way
shoreline master program and the Shoreline Managementt e '#y shall prepare a statement of exemption,
provided the proposal meets exemption criteria. The bur enof o f that a development or use is exempt from the
permit process is on the applicant. If any part of the d Selo rf is not eligible for exemption, then a substantial
development permit is required for the entire propo d eblopment.
(a) The director.may attach conditions to the�ara.val of exempted developments and/or uses as necessary to
assure consistency of the project with th Sh3rlt a Management Act and the Federal Way shoreline master
program, per WAC 173-27-040(e�.� x n le, in the case of development subject to a building permit, but
exempt from the shoreline p nrPPN&eess the building official or other permit authorizing official, through
consultation with the director, : ay{�ta�h shoreline management terms and conditions to building permits and
other permit approvals pars ant tCW 90.58.140.
(b) Where shorelm�eade elnt proposals are subject to review, approval, and permitting by a federal or state
agency, the directors , Ilre�,iare a statement of exemption, addressed to the applicant, the federal or state
permitting ag��°icy, Ecology.
(Ord. No. 11-795`,
15.05.140Np`lication requirements.
Compl ari. A complete application for a substantial development, shoreline conditional use, or shoreline
variancekuhall contain, as a minimum, the following information:
(1) T e n address, and phone number of the applicant. The applicant should be the owner of the property or the
prima Wonent of the project and not the representative of the owner or primary proponent.
(2) The name, address, and phone number of the applicant's representative if other than the applicant.
(3) The name, address, and phone number of the property owner, if other than the applicant.
(4) Location of the property. This shall, at a minimum, include the property address, parcel number, and identification
of the section, township, and range to the nearest quarter, quarter section, or latitude and longitude to the nearest
minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude
location.
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(5) Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should
be the water body from which jurisdiction of the Act over the project is derived.
(6) A general description of the proposed project that includes the proposed use or uses and the activities necessary to
accomplish the project.
(7) A general description of the property as it now exists, including its physical characteristics and improvements and
structures.
(8) A general description of the vicinity of the proposed project, including identification of the adjacent use
structures, and improvements, intensity of development, and physical characteristics.
(9) A site development plan consisting of maps and elevation drawings, drawn to an appropriate so lei 9\Ppt'r4 cl grly
all required information, photographs, and text, which shall include:
(a) The boundary of the parcel(s) of land upon which the development is proposed.
(b) The ordinary high water mark of all water bodies located adjacent to or within t(*ie bounc ary of the project.
This may be an approximate location; provided, that for any development wher rad ermination of consistency
with the applicable regulations requires a precise location of the ordinary big kaed
ark, the mark shall be
located precisely and the biological and hydrological basis for the locatio ,as 'non the plans shall be
included in the development plan. Where the ordinary high water markti9kne djacent to nor within the
boundary of the project, the plan shall indicate the distance and direct i tot enearest ordinary high water mark
of a shoreline. 4.
(c) Existing and proposed land contours. The contours shall bei 'fntA'als sufficient to accurately determine the
existing character of the property and the extent of propos ch% the land that is necessary for the -
development. Areas within the boundary that will not be A edtby the development may be indicated as such and
contours approximated for that area.
(d) A delineation of all wetland areas that will be aOlter sed as a part of the development.
(e) A general indication of the character ofv do ound on the site.
(f) The dimensions and locations of all Cxi's�ttproposed structures and improvements including but not
limited to: buildings, paved or gravel"d Neas 4roads, utilities, septic tanks and drainfields, material stockpiles or
surcharge, and stormwater manageMi t' dairies.
(g) Where applicable, a landssca'ng ai"i for the project.
(h) Where applicable, tcposition
or development of areas on- or off-site as mitigation for impacts associated with the
proposed project 11111x'c(ed and contain information consistent with the requirements of this section.
(i) Quantity, sdurce, of any fill material that is placed on the site whether temporary or
permanent
6)Q1 uti ; prop 'tion, and destination of any excavated or dredged material.
p showing the relationship of the property and proposed development or use to roads, utilities,
-
velopments, and uses on adjacent properties.
V6
applicable, a depiction of the impacts to views from existing residential uses and public areas.
(aton all variance applications the plans shall clearly indicate where development could occur without approval
of a variance, the physical features and circumstances on the property that provide a basis for the request, and the
location of adjacent structures and uses.
(n) Summary of how the proposal meets relevant decisional criteria.
(o) Additional information as requested by the city.
(10) Where applicable, a shoreline assessment and mitigation report prepared by a qualified professional which, at a
minimum, includes the following:
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(a) Site plan and cross-sections of development and critical areas and critical salmonid habitat identified.
(b) A detailed description of proposed development.
(c) Identification of any species of local importance, priority species, or endangered, threatened, or sensitive
species that have documented or observed habitat on or adjacent to the project area.
(d) An assessment of potential impacts the proposal may have on fish and wildlife species, critical areas, and
critical salmonid habitats.
(e) A discussion of any federal, state, or local management recomtnendations, including Washington
of Fish and Wildlife habitat management recommendations, that have been developed for specie�,oj
located on or adjacent to project area. See FWRC 19.142.060 for floodplain development permit A
(f) A discussion of mitigation measures that have been implemented to avoid and minimi a e i tactkto
fish and wildlife species and habitats, critical areas, and critical salmonid habitat. The mit atio `t also
include a mitigation plan showing the area of mitigation and detailed mitigation measures, h S habitat
features and planting of native vegetation.
(g) A discussion of monitoring, maintenance, and contingency measures to accomp hey , 'tigation plan.
ir
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.150 Shoreline substantial development permit.
(1) The purpose of a substantial development permit is to provide an approval"p ce for any development with a total
cost or fair market value exceeding �S the dollar figure set in RCW 9'0.58.03 e , or any development which
materially interferes with the normal public use of the water or sh re fine`s o ' he state, except those exempted
developments set forth in the preceding section, consistent with WA h3 40. The ...ibstaiiti„ l de ",,,...,f.ent -'e"-af
.t,~R-ShOld ^~ the Bdepti^~ date e f this P_,.,....,... is $5,718. Under e�urren law, the substantial development dollar
threshold will be recalculated every five years by the Washin S Office of Financial Management (OFM). OFM
posts updated dollar thresholds in the Washington Stat&Re ist ,
(2) When a substantial development permit is reque to ermit shall be reviewed under the provisions of Process
III, Chapter 19.65 FWRC, and the director of co tpifelopment shall be the final approval authority for the city
of Federal Way.
(3) A substantial development permit Shal be'gta ted by the director only when the development proposed is
consistent with the following:
(a) Goals, objectives, policies, d u r gulations of the Federal Way shoreline master program;
(b) Federal Way corn rehe *ve plan and city code; and
(c) The policies, gde 't sn regulations of the Shoreline Management Act (Chapter 90.58 RCW and
Chapters 173.26 and 73€ AC).
(4)The directomaN a ach conditions to the approval of permits as necessary to assure consistency of the proposal
with the ab cia.
(Ord. N" 11- �Sb(Exh. B), 11-1-11.)
151(05 119 -Shoreline variance.
(1) e p se of a shoreline variance is to grant relief to specific bulk, dimensional, or performance standards set
forth i ltd` shoreline master program, where there is an extraordinary or unique circumstance relating to the property
such that the strict implementation of the shoreline master program would impose unnecessary hardship on the
applicant or thwart the policies of the Shoreline Management Act. -
(2) When a variance is requested, the substantial development permit, if required, and the variance, shall be reviewed
under the provisions of Process IV; Chapter 19.70 FWRC, and the hearing examiner shall be the final approval
authority for the city of Federal Way. The Department of Ecology -shall be the final approval authority under WAC
173-27-200.
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(3) A variance from the standards of the master program may be granted only when the applicant can demonstrate that
all the following conditions will apply:
(a) That the strict requirements of the bulk, dimensional, or performance standards set forth in the master program
preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by the master
program;
(b) That the hardship described above is specifically related to the property and is the result of unique conditions,
such as irregular lot shape, size, or natural features, and the application of the master program, and not, for
example, from deed restriction or the applicant's own actions;
(c) That the design of the project will be compatible with other permitted activities in the area an will not cause
adverse effects to adjacent properties or the shoreline environment;
(d) That the variance authorized does not constitute a grant of special privilege not enjoye " t r Koperties,
and will be the minimum necessary to afford relief;
(e) That the public interest will suffer no substantial detrimental effect; \
(f) That the public rights of navigation and use of the shorelines will not be adverse ec d by the granting of
the variance when the proposal is for development located waterward of the ordinar `''gff water mark, or within
Wetlands, estuaries, marshes, bogs, or swamps; and
(g) That consideration has been given to the cumulative effect of like as ns n area where similar
circumstances exist, and whether this cumulative effect would be co sr en'tt tth shoreline policies or would
have substantial adverse effects on the shoreline.st�i N
(4) Shoreline variances may not be used to permit a use that is s eci t lly prohibited in an environment, or to vary
uses permitted within an environmental designation.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.170 Conditional uses.
(1) The purpose of the conditional use permit is to p ovl r ater flexibility in varying the application of the use
regulations of the shoreline master program in mea r Bich will be consistent with the policies of Chapter 90.58
RCW, particularly where denial of the applicgtioljw 1' thwart the policies of the Shoreline Management Act.
(2) When a conditional use is reque to ,= h nsult tial development permit, if required, and the conditional use, shall
be reviewed under the provisionsAeNaNt
s�I3?, Chapter 19.70 FWRC, and the hearing examiner shall be the final
approval authority for the city of ay. The Department of Ecology shall be the final approval authority under
WAC 173-27-200.
3 Conditional uses ha u i°. ue s ecial characteristics which require a special degree of control to make the uses
compatible with oftr ext tng permitted"uses in the same environment, and to assure that the use is in the public
interest. In auth z a contJjtional use permit, special conditions may be attached to the permit by the hearing
examiner to pr lenx tui lgsirable effects or mitigate environmental impacts of the proposed use.
(4) Con it oNA,,s grmits shall be authorized only when they are consistent with the following criteria:
�(a)}lr _ osed use is consistent with the policies of RCW 90.58.020 and the policies of the shoreline master
(19 )04 e use will not interfere with normal use of public shorelines;
(c) The use will cause no unreasonable adverse effects on the shoreline or surrounding properties or uses, and is
compatible with other permitted uses in the area;
(d) The public interest will suffer no substantial `detrimental effect;
(e) Consideration has been given to cumulative impact of additional requests for like actions in the area.
(5) Other uses not set forth in the shoreline master program may be authorized through a conditional use permit if the
applicant can demonstrate that other uses are consistent with the purpose of the shoreline environmental designation
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Chapter 15.05 SHORELINE MANAGEMENT
and compatible with existing shoreline improvements, or that extraordinary circumstances preclude reasonable use of
the property; however, uses specifically prohibited by the master program may not be authorized.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.180 Final approval of shoreline permits.
(1) The director of community development shall notify and forward to the following agencies or persons within five
days of the final approval of a shoreline permit and any shoreline variances or conditional uses granted:
(a) The applicant;
(b) The state Department of Ecology;
(c) Any person who has submitted written comments on the application;'and
(d) Any person who has requested notification in writing prior to final approval of the pe i .
(2) No work may commence on a site requiring a shoreline substantial development, shoreline va 'anc , or shoreline
conditional use permit until 21 days following the "date of filing" or until all review proceecgs be ore the shoreline
hearings board have terminated. Q�
(a) "Date of filing" for a substantial development permit is the date of actualc�p - fe decision by the
Department of Ecology.
(b) "Date of filing" for a shoreline variance or shoreline conditional 114penu, shall mean the date the permit
decision rendered by the Department of Ecology is transmitted by thea nt to the city and the
applicant/proponent.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.190 Combined hearing authority.
In those cases when development proposed in the shoreline a, :erq Nre a public hearing under the authority of other
chapters of this Code, the hearings may be combined.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.200 Appeals.
All appeals of any. final permit decision are g e d by the procedures established in RCW 90.5 8.140(6) and
90.58.180, and Chapter 481-03 WAC,4the le an procedures of the shoreline hearings board. All appeals of any
final permit decision must be made ttm e qr "ne earings board within 21 days 6f the date of filing of the city's final
decision concerning the substantialtdee5e pp er t permit, or formal approval to revisions of the permit.
(Ord. No. 11-705, § 5 (Exh. B), -lei .)
15.05.210 Permit re,)fisio s. a
(1) A permit revision is ithdd enever an applicant proposes substantive changes to the design, terms, or
conditions of a proect from that which was approved in the permit. When a revision of a shoreline permit is sought,
the applicant s�Lbe
sub it detailed plans and text describing the proposed changes in the permit and demonstrating
compliancewit mi 'mum standards pursuant to WAC 173-27-100.
(2) If top'V d, tinges are determined by the director to be within the scope and intent of the original permit, and
are oalbeq
vvh the Shoreline Management Act (Chapter 90.58 RCW), the guidelines in Chapter 173-26 WAC, and
th e shoreline master program, the revision shall be approved.
(3) A ne ,•permit shall be required if the proposed revision would constitute development that is beyond the scope and
intent of the original approval. "Within the scope and intent of the original approval" means all of the following:
(a) No additional overwater construction is involved except that a pier, dock, or floating structure may be
increased by 10 percent over that approved under the original approval; provided, that the revision does not
exceed the maximum size requirements of this chapter except as authorized under a variance granted for the
original development;
(b) Ground area coverage and/or height may be increased a maximum of 10 percent over that approved under the
original approval; provided, that the revised approval does not authorize development to exceed the height,
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impervious surface, setback, or any other requirements of this chapter except as authorized under a variance
granted for the original development;
(c) Additional or revised landscaping is consistent with any conditions attached to the original approval and with
the Federal Way shoreline master program;
(d) The use authorized pursuant to the original approval is not changed; and
(e) The revision will not cause adverse environmental impacts beyond those originally authorized in the approval.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development.
(1) Applications for substantial development or building permits to modify a nonconforming use or d ve m nt, as
defined in this chapter, may be approved only if:
(a) The modifications will make the use or development less nonconforming; or
(b) The modifications will not make the use or development more nonconforming; ander'
(c) Structures that were legally established and are used for a conforming use but��.yl
c are�ionconforming with
regard to setbacks, buffers, or yards; area; bulk; height; or density maybe maint ine a 4 -repaired and maybe
enlarged or expanded; provided, that said enlargement does not increase the t gonconformity by further
encroaching upon or extending into areas where construction or use wolowed for new development
or uses.. m"
90.58.030[3 Le]) can apply for a shoreline exemption.
(2) An existing use or development, not conforming to existing relah n�s,wich is destroyed may be replaced (per
"replacement structure" as defined in this chapter) as itexi Mot to destruction, provided application for required
permits is made within one year of destruction.
(3) If a nonconforming use is discontinued for 12 co secuN;jmonths or for 12 months duringany two-year period, the
nonconforming rights shall expire and any subsiequ.�n ,eall be conforming.
(4) An undeveloped lot, tract, parcel, site, or I isi&ATIand located landward of the ordinary high water mark which
was established in accordance with locahan'IrLtat'etlbdivision requirements prior to the effective date of the Act or the
Federal Way shoreline master profayNS
, Awh_ch does not conform to the present lot size standards, may be
developed if permitted by other le gilations of the FWRC and so long as such development conforms to all
other requirements of the Feder reline master program and the Act.
(5) An existing mocha cal i to einent, not confirming to existing regulations, which breaks and cannot be repaired
may be replaced, p ovide ep"iacement is no more nonconforming and application for required permits is made
within one year_ tfaAure. _
(Ofl. o. �, § 5 (Exh. B), 11-1-11.)
15.05. 0 Shoreline environment redesignation.
Shorelin environments designated by the master program may be redesignated by the city council upon finding that
such redesignation will be consistent with:
(1) The policies of Section 2 of the Shoreline Management Act of 1971.
(2) The goals, objectives, and policies of the shoreline master program.
(3) The designation criteria of the shoreline environment designation requested.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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Chapter 15.05 SHORELINE MANAGEMENT
15.05.240 Amendments to this chapter.
Amendments to this chapter shall be pursuant to state review and approval as per WAC 1743-26-110 and
1743-26-120.
(Ord. No. 11-705, § 5 (Exh. B), 11-1-11.)
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Chapter 15.05 SHORELINE MANAGEMENT
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Chapter 19.145
ENVIRONMENTALLY CRITICAL AREAS'
Sections:
Article I. Administrative
19.145.010
Purpose.
19.145.015
Administration.
19.145.020
Applicable provisions.
19.145.030
Jurisdiction.
19.145.040
Relationship to other regulations.
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.
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.
19.145.186
Critical area markers, signs, and fences.
19.145.190
Physical barriers.
19.145.200
Time limitation.
19.145.210
Other requirements.
Article ll. Geologically Hazardous Areas
19.145.220
Applicability and designation.
19.145.230
Landslide hazard areas protection measures.
Tv5619.145.240 Erosion and seismic hazard areas protection measures.
19.145.250
Additional report requirements — Geologically hazardous areas.
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Article III. Fish and Wildlife Habitat Conservation Areas
19.145.260
Applicability, designation, and classification.
19.145.270
Stream buffers.
19.145.280
Steam relocation.
19.145.290
Streambank 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
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.
.J
19.145.430-
Development within wetlands.
19.145.440
Development within wetland buffers.
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.
_
l
19.145.500
Capture zone protection measures.
19.145.510
Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas.
Article.Vl. Frequently Flooded Areas
19.145.520
Frequently flooded areas.
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Article I. Administrative
19.145.010 Purpose.
_......................................-.....,.........-...................................................................................................................................................................................................................................,........._.............
The purpose of this 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 chapter include protection of water quality, groundwater recharge, 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.
(Ord. No. 15-797, § 17, 6-16-15; Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123,
§ 3(80.10),12-17-91; Ord. No. 91-105, § 4(80.10),8-20-91; Ord. No. 90=43, § 2(80.10),2-27-90. Code 2001 § 22-1221.)
19.145.01 ........ ........................................... ........... ............... ................... --- ................ .........<........................................................................................_..................................................................:
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. ,
(Ord. No. 15-797, § 18,6-16-15.)
19.145.020 Applicable provisions.
................._...._._............_...._........................................................................................._............_....................................._....--..........................................................
The provisions of this division apply throughout the city and must be complied with regardless of any other
conflicting provisions of this title. The provisions of this title that do not conflict with the provisions of this
division apply to the subject property.
(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3,11-16-04; Ord. No. 91-123, § 3(80.15),12-17-91; Ord. No. 91-105,
§ 4(80.15), 8-20-91; Ord. No. 90-43, § 2(80.15), 2-27-90. Code 2001 § 22-1222.)
19.145.030 Jurisdiction.
_..........................................................................................................................................................................................._............................................................................
(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;
5 f
(b) Fish and wildlife habitat conservation areas; \'
(c) Wetlands;
(d) Critical aquifer recharge areas; and
—(e) Frequently flooded areas.
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(Ord. No. 15-797, § 19, 6-16-15; Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 99-353, § 3,
11-16-99; Ord. No. 91=123, § 3(80.20), 12-17-91; Ord. No. 91-105, § 4(80.20), 8-20-91; Ord. No. 90-43, § 2(80.20), 2-27-90: Code
2001 § 22-1223.)'
I
19.145.040 Relationship to other regulations.
.............. .............. ............................_........_....... ..,.................. ................._.......................................... ............ ................. ............................................................. ..................._.....-............_................. --............
(1) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under any
other applicable law, nor in any way decreases the responsibility of 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.
(Ord. No. 15-797, § 20, 6-16-15; Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123,
§ 3(80.25),12-17-91; Ord. No. 91-105, § 4(80.25),8-20-91; Ord. No. 90-43, § 2(80.25),2-27-90. Code 2001 § 22-1224.)
-19.145.050 Liabilitv. _
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(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 that is related to the physical condition of the critical area. This agreement shall be
recorded with the King County recorders office at the applicants expense and shall run with the property.
J
(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.
(Ord. No. 15-797, § 21, 6-16-15; Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123,
§ 3(80.55), 12-17-91; Ord. No. 91-105, § 4(80.55), 8-20-91; Ord. No. 90-43, § 2(80.55), 2-27-90. Code 2001 § 22-1225.)
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.
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(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 (2)(a) and (b) of this section. 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 predevelopment
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 (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.
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(5) Penalties. Any development carried out contrary to the provisions of this chapter shall constitute a public
nuisance and be subject to provisions of Chapter 7.03 FWRC.
(Ord. No. 15-797, § 22,,6-16-15.)
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
i
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) Washington State Department of Health Source
Water 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.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.080 Critical area report.
I.............._.....................................................................................................................
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(1) Unless waived or modified by the director in accordance with subsection (4) of this section, 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 on site;
(d) A scaled site plan depicting critical areas, buffers, setbacks, and proposed improvements;
(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 FW RC 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;
t
(i) Additional information required for the individual critical area; and
(j) Any additional information determined by the director to adequately review the proposed
activity.
(3) Critical area reports may be reviewed by the city's third party 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.
(Ord. No. 15-797, § 22, 6-16-15.)
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.
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(2) An applicant may apply for a modification or waiver of the provisions of this chapter using process IV;
except, that applications for projects on single-family residential lots may use process III. J
(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
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property;
(b) No feasible and reasonable on-site alternatives to the proposal are possible, such as
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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 significantly increase the risk of injury
or death to any person or damage to improvements on or off the subject property.
(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.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.100 Bonds.
............... ......_...................................._._.........__...::........................,._.............._..................................._....................__..._............................._........_.....................
The city may require a bond under Chapter 19.25 FW RC to ensure compliance with any aspect of this chapter.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.110 Exemptions.
.....
...............................................................................................................................................................................................................................................................................................................................
l �-
The following activities and developments are exempt from the provisions of this chapter. 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.
Page 8 of 46
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(1) 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
r
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.
(7) Removal by hand of invasive and noxious vegetation. Removal by hand does not include using mechanical
equipment or the use of herbicides.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.120 Partial exemptions.
_...............................-..........................._..................
The following activities are partial exemptions to the provisions of this chapter 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 acritical area if no
practical alternative with less impact on the critical area(s) exists. The specific location and extent of the
intrusion into the critical area must constitute the minimum necessary encroachment to meet the requirements
Page 9 of 46
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of the public facility or utility and not pose 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 development, including without limitation interior roads or privately 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.
t
(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 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 succi 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. -
(Ord. No. 15-797, § 22,6-16-15.)
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19.145.130 Mitigation sequencing. l
....................................................................
Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and y
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 the impact to the critical area by repairing, rehabilitating, or restoring the affected environment to
J
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.
(Ord. No. 15-797, § 22, 6-16-15.)
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 selection criteria;
3 Environmental goals and objectives. A description of the oals and objectives of proposed mitigation. The
O 9 I9 1 P p 9
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;
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(5) Performance standards. A description of specific measurable criteria for evaluating whether the goals and
I
objectives of the mitigation project 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 sequencer 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
l _
(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 compensation project. 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.
(Ord. No. 15-797, § 22,6-16-15.)
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: l
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(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.
(2) Critical area tracts shall be designated on the plat. A plat note shall include the following 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 vegetation and landscaping within the tract is
prohibited, except as necessary for 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.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.160 Buildina setbacks.
Unless otherwise provided, structures shall be set back 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.
(Ord. No. 15-797, § 22, 6-16-15.)
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.
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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.
(Ord. No. 15-797, § 22, 6-16-15.)
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: l
(a) As part of any development proposal for:
(i) Plats;
(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 as part 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.
(Ord: No. 15-797, § 22,6-16-15.)
I
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,
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or other physical barrier following completion of development of the subject property to prevent direct runoff
and erosion from any disturbed area onto or into a critical area:
(Ord. No. 15-797, § 22, 6-16-15.)
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.
(Ord. No. 15-797, § 22, 6-16-15.)
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.
(Ord. No. 15-797, § 22, 6-16-15.)
l 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.
(Ord. No. 15-797, § 22, 6-16-15.)
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.
a
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(3) The width of the buffer shall reflect the sensitivity of the landslide hazard area and the types 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.
(Ord. No. 15-797, § 22, 6-16-15.)
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 beyond predevelopment conditions;
(b) The improvement will not decrease slope stability on adjacent properties; and
(c) The improvement will not adversely impact other critical areas.
(Ord.. No. 15-797, § 22,6-16-15.)
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:
s
(i) Slope stability, landslide hazard, and sloughing;
(ii) Seismic hazards;
i
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(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 on site and off site that are likely to impact or be impacted by the proposal.
(c) Recommended foundation design and optimal location for roadway 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
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.
(Ord. No. 15-797, § 22, 6-16-15.)
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 any formal identification, are hereby designated critical
areas and are subject to the provisions of this chapter and shall be managed consistent with best available
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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
range within the state without cooperative management or removal of threats. State -designated
endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014
(state endangered species) and WAC 232-12-011 (state threatened and sensitive species). 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 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
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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, may reduce the likelihood that the
species will maintain and reproduce over the long term.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.270Stream 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.
r
(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
I
and wildlife viewing structures composed of nontreated 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.
(4y 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.
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(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.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.280 Stream relocation.
.:....._............_............................................................................................................................................................................................
(1) Relocation of a stream will be permitted only as part of a public project for which an essential public facility,
public utilities, or other public improvements have been granted a partial 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 -
Q) A proposed phasing plan specifying time of year for all project phases.
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(3) 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.
(4) 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.
(5) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or
leaves the subject property.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.290 Streambank stabilization.
................... ........... ...._.............._............................................................................... ....................... ............. ............................... _.................................................................... ...__................................
(1) Streambank stabilization may not be located in or along a stream except as established -in this section.
J
(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. _
1 (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 subjecfproperty.
(4) Streambank stabilization shall be achieved through bioengineering or soft armoring techniques in
accordance with an approved critical area report.
(Ord. No. 15-797, § 22, 6-16-15.)
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 is 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:
(a) Mitigation habitat is equivalent or improved from the preexisting 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
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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
\ r -
maintenance of the culvert approved under this section.
(Ord. No. 15-797, § 22,6-16-15.)
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.
(Ord. No. 15-797; § 22, 6-16-15.)
i
19.145.320Stream crossings.
.............................................................................................................._................_............................................................................................................................................................................._....._.....
(1) Stream crossings will be reviewed and decided upon using process Ili in Chapter 19.65 FWRC. Responses
to decisional criteria and design requirements in thissection 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;
1
(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;
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(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
Q) No reasonable alternative exists to access the subject property.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.330 Intrusion into stream buffers.
_.................................................... 1-- .............. ......................................................... .................................. ........................ ........................................... .............
...........:.....................
(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
J
area;
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(c) It will' not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards;
(e) It will not be materially detrimental to any other property in the area of the subject property
f
nor to the city as a whole; and
(f) It is necessary for reasonable development of the subject property.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.340 Requirements for clearing and grading.
........... ............... ............................... ....................... ......................................... ............................................ ...............:..................... ............ ...................... ......._....................
..........................
Any permitted clearing and grading activities within a stream or stream buffer area shall also comply with
following requirements of this section.
(1) Grading is allowed only during the dry season (May 1st to October 1 st). 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 FWRC Title 16.
(5) All fill material used must be nondissolving and nondecomposing. The fill material must not contain organic
or inorganic material that would be detrimental to water quality or the existing habitat.
(6) The applicant may deposit dredge spoils on the subject property only if part of an approved development on
the subject property.
(7) The applicant shall stabilize all areas left exposed after clearing and grading activities with native vegetation
normally associated with the stream or buffer area.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.350 Regulated lake buffers.
............................................................................................................................................................................................................................................................................................................_........_..
(1) No development may take place within regulated lakes or within buffer areas from regulated lakes except as
allowed in this chapter.
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(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. -
(Ord. No. 15-797, § 22, 6-16-15.)
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 only structures or improvements that may 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.
(Ord. No. 15-797, § 22,6-16-15.)
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
d
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, pesticides or 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
i
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.
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(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
1
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:
r
(a) The minor improvement will not adversely affect water quality.-
(b)
uality.
(b) The minor improvement will not destroy nor damage a significant habitat area.
I
(c) The minor improvement will not adversely affect drainage or stormwater retention
capabilities.
(d) The minorimprovement 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
1
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.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.380 Regulated lake bulkheads.
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(1) Genera/. 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.
(3) 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-- J
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.
(Ord. No. 15-797, § 22, 6-16-15.)
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.
(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.
(Ord. No. 15-797, § 22; 6-16-15.)
19.145.400 Endangered, threatened, and sensitive species protection measures.
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(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.
(Ord. No. 15-797, § 22,6-16-15.)
1
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
1 hydrologic data.
(d) Description of the methodologies used. to conduct the wetland delineations, rating system
forms, or impact analyses, including references. �.
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(e) Identification and characterization of all wetlands and buffers on and within 225 feet of the
subject property. For off-site 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
property. Acreage estimates, classifications, and ratings shall be based on entire wetland
complexes, not only the portion present on the subject property:
(i) Wetland rating and score for each function;
(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).
(g) An evaluation of the functions of the wetland and adjacent buffer. Include reference for the
method used and data sheets.
(Ord. No. 15-797, § 22, 6-16-15.)
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 System for Western Washington — 2014 Update (Ecology
Publication No. 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 1:
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(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 23 points 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 and 22
points based on functions.
(c) Category I II wetlands are wetlands with a moderate level of functions that score between 16
and 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 perpendicular from the wetland boundary as delineated and marked in
the field. Buffer widths are established as follows: the fGIIG iFeFR8RtG 198104f;
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Tablet
Wetland Cateaory
Buffer Width
(wetland scores 3-5
Buffer Width
(wetland scores 6
— 7 habitat points)points)
Buffer Width (wetland
scores 8 - 9 habitat
habitat points)
Cateaory I:
Boas and 'wetlands of hiah conservation
190 feet
190 feet
225 feet
value
Category I:
Forested and based on function score
75 feet
110 feet
225 feet
Category 11
75 feet
110 feet
225 feet
Category I II
- 60 feet
110 feet
225 feet
Category IV
40 feet
40 feet
40 feet
(a) For wetlands that score 6 points or more for habitat function, the buffers under
Mntor Io An5 n�nrm
Table 1 can be used if the following criteria are met:
(i) A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland
and any other Priority Habitats located on the subiect property as defined by the Washington State
Department of Fish and Wildlife. The latest definitions of priority habitats and their locations are
available on the WDFW web site at: hftp://wdfw.wa.gov/hab/i)hshabs.htm. The corridor must be
protected for the entire distance between the wetland and the Priority Habitat by some type of legal
protection such as a conservation easement. Presence or absence of a nearby habitat must be
confirmed by a qualified biologist
(ii) If no option for providing a corridor is available, the buffers above may be used with the required
buffer impact minimization measures in under FWRC 19.145.420(d) alone.
NO fired- All wetland buffer impact minimization measures in Table 2, where applicable, ale as
#Gnaws reauired to be implemented:.
(b) For wetlands that score 3-5 habitat points, only the measures in Table 2 are reauired for the use of
buffer in Table 1.
If mitigation measures in Table 2 are not provided, or are unable to provide a protected corridor where
available. then Table 3 buffers are required.
Table 2
, d J4 _ ir _ M asures'to'Minirbize'Impactsl �
I s rstur ancer eauire a
Lights 0 Direct lights away from wetland
Noise Locate activity that generates noise away from wetland
If warranted, enhance existing buffer with native vegetation plantings
adiacent to noise source
• For activities that generate relatively continuousPotentially disruptive"
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y Disturbance IS
4A� w
��' Reauir'ed Measures'to'Mirnmize'Impacts ,` "`16
t „ o e ; s? ^t x r.e . rx w , r TM . i. .
Buffer Width
noise, such as certain heavy industry or mining, establish an additional
10' heavily vegetated buffer strip immediately adjacent to the outer
wetland buffer
Toxic runoff
Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
• ADDIV integrated pest management -
Stormwater runoff
Retrofit stormwater detention and treatment for roads and existing
adiacent development
• Prevent channelized flow from lawns that directly enters the buffer
• Use Low Intensity Development (LID) techniques where appropriate (for
more information refer to the drainage ordinance and manual
Change in waterregime
. Infiltrate or treat, detain, and disperse into buffer new runoff from
im envious surfaces and new lawns
Pets and human
. Use privacy fencing OR plant dense vegetation to delineate buffer edge
disturbance
and to discourage disturbance using vegetation appropriate for the
ecoreg ion
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
Use best management oractices to control dust
(2) The following wetland buffer requirements if habitat corridor is not provided per FWRC
19.145.420(2)(a)(i) or minimization measures per L` RG 19 1^r 4ag4 aW4Table 2 are not
implemented:
Table 3
i
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Buffer Width
Buffer Width
Buffer Width
(wetland scores 3-
(wetland scores 6
(wetland scores 8 —
5 habitat points)
— 7 habitat points)
9 habitat points)
Wetland Catego
Category L
'250 feet
250 feet
300 feet
Bogs and wetlands of high conservation
Value
Category L
100 feet
150 feet
300 feet - -
Forested and based on function score
Category II
100 feet
150 feet
300 feet
Category _III
80 feet
150 feet
225 feet
Category IV
50 feet
50 feet
50 feet
i
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(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.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.430 Development within wetlands.
(1) Generally. No development or improvement may be located within a wetland except as provided in this
f
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 property in the area of the subject property
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
carry out the project; and
(g) The applicant is committed to monitoring the project and to making corrections if the project
fails to meet projected goals.
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(3) Requirements for 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 No. 06-06-011 b or as revised), and Selecting Wetland Mitigation Sites
4
Using a Watershed Approach (Western Washington) (Ecology Publication No. 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
1
(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:
(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
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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 la, Wetland Mitigation
in Washington State — Part 1: Agency Policies and Guidance —Version 1 (Ecology Publication No. 06-06-011a,
or as revised). Creation, re-establishment, rehabilitation, and enhancement definitions and intent shall be
pursuant to Ecology Publication No. 06-06-011 a, or as revised.
Category and Type of Wetland
Creation or
Re-establishment
Rehabilitation
Enhancement
Category I: High conservation value and
bogs
Not considered
possible
Case-by-case
Case-by-case
Category I: Mature and old growth forests
greater than one acre
6:1
12:1
24:1
Category I: Based on functions
4:1
8:1
16:1
Category II
3:1
6:1
12:1
Category III
2:1
4:1
8:1
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 No.
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 No. 06-06-011 b, or as revised):
(i) Description of how the project design has been modified to avoid, minimize, or reduce
adverse impacts to wetlands;
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Y
(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 project. Include overall goals of the proposed mitigation, including a
description of the targeted functions, hydrogeomorphic classification, and categories 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 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.
(c) 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.
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(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 and proposed 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 (6)(a), (b)(i) and (ii) from this section, responses to subsection (4)(a), (b), or (c) of
this section, and any other information deemed necessary by the city to adequately consider the
alternative mitigation proposal.
(7) Monitoring. Mitigation monitoring shall be required for a minimum of five years to establish that performance
standards have been met. The mitigation plan shall include monitoring elements that ensure certainty of
success for the proposal'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_
(Ord. No. 15-797, § 22,6-16-15.)
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 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;
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(b) Trails are generally located parallel to the perimeter of the wetland and within the outer 25
percent of the buffer; and
(c) Trails shall avoid the removal of mature trees. -
` (3) Stormwater management facilities. The director may provide written approval for stormwater management
i
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.
and provide additiGnal pr-eteratieR-Gf wetland fi inntions and values. Buffer md, 'AtiRRS may not be use
(a) It Will Rot advemely i
(b) it will nGt adversely affe-c-A the exif;tipq quality of the watlapd or h, ifforwildl& h;;L4at;,
f
-(d) it will not lead- te earth GeRditienF; nor Arente AmGien hazaFdsi
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rapeFt. The plaR shall assess the habitat, watep quality, stermo-va-ter reteRtion, 9FOWRdwater FGGhaF98
eFG6i9R PF9teGtiE)R f6IRGti9nG of the existing buffeF; assess the e44906 ef the pFepesed rRedifiGathen On these
The direAter Shall h, URP widths, OR a GaBe by GaGG basis, when a laFge
19614W 06 ReGessaFy te PFGteGt fURGti9RG, valueG er hazaFds based 9R site GP8GifiG GGF;ditiGRs. This deteFFniRatieR
by aPPFGPFiat9_d9G61FAentati9R 6h9wiRg that additional huffer width *6 FeaseRably Fe ated W
�f habitat;
M
(Ord. No. 15-797, § 22, 6-16-15.)
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 10 -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.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.460 Classification of capture zones.
.. ....................... ........................................................ ................................... ................................ ................................. ................................... ............ ........... ............................ ...........................
................._..........
As reouired bv'WAC 365-196-485(1)(d) (Critical Areas). the City shall protect the quality and quantity of ground
water used for public water supplies.
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The Lakehaven Utility District ("LUD") has designated four capture zones based on proximity to and travel time
of groundwater to roup A and Group B public water supplies` -
(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
i 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 10 -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
J
capture zones.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.470 General requirements.
(1) Development that will not cause contaminants to enter the aquifer may be permitted in critical aquifer
recharge areas. ti
(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. l
(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.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.480 Prohibited development in six-month and one-year capture zones.
(1) Development that poses a significant hazard to the city's groundwater resources resulting from storing,
handling, treating, using, producing, recycling, or disposing of hazardous materials. or other deleterious
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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;
Q) 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) through (n) 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.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.490 Development within critical aquifer recharge areas.
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(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.
(ii) Groundwater depth, flow direction, and gradient.
(iii) Location of other critical areas, including surface waters, within 200 feet of the site.
(iv) Best management practices 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.
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(4) A groundwater monitoring plan may be required to monitor quality and quantity of groundwater, surface
water runoff, and/or site soils. The city may require the owner of a facility to install one or more groundwater
monitoring wells to accommodate the required groundwater monitoring. Criteria used to determine the need for
site monitoring shall include, but not be limited to, the proximity of the facility to production or monitoring 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, hydrogeologic assessment, the spill containment and response plan, and the groundwater
monitoring plan.
(Ord. No. 15-797, § 22,6-16-15.)
19.145.500 Capture zone protection measures.
..........................................................................................................................................._........................................................................................................................................................... _..............................
(1) Any new or existing use applying for a building permit, land use, or subdivision approval within six-month
and one-year capture zones that involves storing, handling, 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 operator of any facility or activity shall provide secondary containment for
hazardous materials or other deleterious substances in quantities specified in the
International Fire Code.
(ii) Hazardous materials stored in tanks that are subject to regulation by the Washington
State Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank
Regulations) are exempt from the secondary containment requirements of this section;
provided, that documentation is provided to demonstrate compliance with those
regulations.
i
(b) Design and construction of new stormwater infiltration systems must address site-specific
i
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 by the city of Federal Way, and shall be certified for compliance with the
requirements of this section by a professional engineer or engineering geologist registered in
the state of Washington.
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(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
handled on the construction site. As part of the city's project permitting process, the -city may
require any or all of the following items:
(i) Detailed monitoring and construction standards;
(ii) Designation of a person onsite during operating hours who is responsible for
supervising the use, storage, and, handling of hazardous materials, and who has
appropriate knowledge and training to take mitigating actions necessary in the event of a
fire or spill;
(iii) Hazardous material storage, dispensing, refueling areas, and use and handling areas
shall be provided with secondary containment adequate to contain the maximum release
from the largest volume, container of hazardous materials stored at the construction site;
r
(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. ,
1 ,
reservoirs of construction vehicles or stationary equipment on the construction site are in
accordance with the International Fire Code; and
l
(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.
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(2) Development within all capture zones, that involves 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. J
(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, produce,
recycle, 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,
i
(iii) Whether or not fill to be imported is native, undisturbed soil.
(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 the particular use proposed,
cluster development, and limited impervious surfaces.
(Ord. No. 15-797, § 22, 6-16-15.)
19.145.510 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas.
........................................................................................._.....................................I.................
Proposed developments with maintained landscaped areas greater than 10,000 square feet in area shall
prepare an operations and management manual using best management 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.
(Ord. No. 15-797, § 22, 6-16-15.)
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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 the provisions in FWRC T#k, Chapter 19.142
Flood Damage Prevention.
(Ord. No. 15-797, § 22, 6-16-15.)
Cross references: Environmental policy of the city, FWRC Title 14; water quality requirements and surface water, stormwater and other
waterways, Chapter 16.45 FWRC; public use easements, FWRC 19.05.330; rezoning of this district to be conducted under the quasi-
judicial rezoning procedure, FWRC 19.35.050 et seq.; land modifications, Chapter 19.120 FWRC.
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