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Ord 91-123 ORDINANCE NO. Ql-1?, AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) RELATING TO REGULATED WETLANDS, BY AMENDING SECTION 80.145 RELATING TO DETERMINATION OF REGULATED WETLANDS; AND BY AMENDING 80.155.4 TO ALLOW CITY COUNCIL CONSIDERATION OF LOCATING AND/OR RELOCATING IMPROVEMENTS OR LAND SURFACE MODIFICATIONS, CONDITIONED UPON MmGATION OF IMPACTS WITHIN REGULATED WETLANDS. WHEREAS, amendments to the Federal Way Zoning Code text are authorized pursuant to Federal Way Zoning Code §135 and §160; and WHEREAS, a SEP A Determination of Non-Significance was issued for this action on April 21, 1991, which determination was not appealed; and WHEREAS, these amendments to the Federal Way Environmental Policy Ordinance, Federal Way Code Title 20, are in compliance with the State Environmental Policy Act (SEPA) Rules, WAC 197-11-904, requirement for public hearing; and WHEREAS, Federal Way Zoning Code §135.15 and 160,75,2 contains criteria for amending Zoning Code text; and WHEREAS, a threshold review of this proposal having been considered by the Federal Way City Council on March 11, 1991, pursuant to Federal Way Zoning Code §160.20; and WHEREAS, the Federal Way City Council, determined the proposal meritorious, referred the proposal to the Planning Commission for review and recommendation; and WHEREAS, the Planning Commission having considered the proposal at a public hearing on May 15, May 29, June 12, and June 18, 1991, and all public notice having duly been given, pursuant to Federal Way Zoning Code §160.30 and §160.40; and WHEREAS, following the public hearing, the Planning Commission submitted its recommendation for proposed zoning text amendment to the appropriate Council committee; and ~""',"'Ì'~....,"'.,:"." "'I' 0,.1 ,,},.J' ¥ t:) WHEREAS, the Planning, Public Works and Transportation Council Committee having modified the recommendation of the Planning Commission on July 8, 1991 as contained herein; and WHEREAS, the City Council had remanded certain issues relating to critical areas to the Planning Commission for further consideration; and WHEREAS, the Planning commission having considered further these issues at a Public Hearing held on November 20, 1991; and WHEREAS, the Planning, Public Works and Transportation Council Committee having modified the remanded recommendation of the Planning Commission on December 9, 1991 as contained herein; and and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Federal Way makes the following Findings of Fact pertaining to these critical areas amendments: 1. Removal or degradation of wetlands can significantly impact or eliminate the environmental functions and values of these critical areas. 2. Impacts to wetlands can result in the loss of significant vegetation; remove wildlife nesting, feeding and breeding habitat; affect drainage patterns; reduce biofiltration of contaminants and sediments; impede surface and ground water exchange; and impact educational and recreational 3, opportunities. Protecting wetlands from degradation assists in preserving existing natural 4, functions and values, and the character and beauty of the community. The loss of the social and ecological functions and values provided by wetlands results in a detriment to public safety and welfare; replacement of 5. such functions and values can require considerable public expenditure. Considerable acreage of these critical natural resources has been lost or degraded by draining, dredging, filling, excavating, pollution and other acts 6. 7, inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, degraded or impaired by such further acts. It is necessary for the City to ensure maximum protection for wetland areas by reducing, eliminating or mitigating development activities in or adjacent to wetlands that may adversely affect wetland functions and values, Policies NE-l through NE-21 and the accompanying goal of the natural Environment Section of the City's comprehensive plan were adopted to protect the natural character of sensitive areas, to protect water resources and to maintain the beauty of the community. The proposed text amendments are consistent with the goal and policy direction of the City's comprehensive plan. 8, Proposed amendments to section 80.155.4 of the Federal Way zoning code will ensure equitable and consistent treatment of public and private development opportunities within regulated wetland areas. 9. Proposed amendments to section 80.155.4 of the Federal Way zoning code are recommended as interim measures regulating public and private development opportunities within regulated wetland areas. It is recommended that the City pursue development and implementation of a more comprehensive wetland management program consistent with the Washington State Department of Ecology 'Model Wetlands Protection Ordinance' as staffing and funding may allow, 10, Adoption of the proposed amendments to section 80.155.4 of the Federal Way zoning code as interim regulations will allow private development to proceed without further delay as the City is developing a more comprehensive wetland management program. Section 2. Pursuant to Federal Way Zoning Code §135,15 and §160.75.2 and based upon the above Findings, the Federal Way City Council makes the following Conclusions of Law: A. The proposed amendments are consistent with the applicable provisions of the Comprehensive Plan: Policies NE-l through NE-21 and the accompanying goal of the natural Environmental Section of the City's comprehensive plan were adopted to protect the natural character of sensitive areas, to protect water resources and to maintain the beauty of the community. amendments: The following policies specifically apply to the proposed zoning code text Policy NE-2: Adopt special regulations limiting or preventing development within the most sensitive areas and require completion of special studies by qualified professionals when necessary prior to issuance of permits, Policy NE-5: Develop open space or landscaped buffer zones to protect sensitive areas, wetlands, stream corridors, habitat areas, lakes, and aquifer recharge areas. Policy Ne-7: Limit public access to habitat protection zones and most sensitive wetland areas, Policy Ne-8: Prohibit alterations of stream corridors or wetlands within habitat protection zones, B. The proposed amendments bear a substantial relation to public health, safety and welfare: Encroachment of development and activities on or near critical areas can result in the loss of significant vegetation, remove wildlife nesting, feeding and breeding habitat; affect drainage patterns, reduce biofiltration of contaminants and sediments, impede surface water and ground water exchange, and increase the likelihood of geologically hazardous conditions, The purpose of regulating critical areas is to protect the environment, human life and property from harm and degradation. The overall intent of Chapter 80, FWZC, is supported by goal and policy direction of the comprehensive plan, C. The proposed amendments are in the best interest of the residents of the City: Protecting critical areas from degradation assists in preserving existing natural environmental functions and values, and the character and beauty of the community. The community has expressed this interest in the natural environment goal and policies contained in the City's comprehensive plan, Section 3. The Federal Way Zoning Code, Chapter 80, Environmentally Sensitive Areas Ordinance, is amended as follows: 80,10 Puroose 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, ground water recharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat maintenance, protection of human life and property and maintenance of natural storm water storage systems. 80,15 General The provisions of this Chapter apply throughout the City and must be complied with regardless of any other conflicting provisions of this Code. The provisions of this Code that do not conflict with the provisions of this Chapter apply to the subject property. * * * * * * * * * 80.35 3. Information The determinations regarding whether the subject property is regulated under this Chapter, as well as the extent and nature of the regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the City as well as other information and mapping provided by or through the applicant. The City may require the applicant, at the applicant's expense, to provide any information, mapping, studies, materials, inspections or reviews that are reasonably necessary to implement this Chapter and to require that such information, studies, mapping, materials, inspections and reviews be provided or performed by a qualified professional acceptable to the City. other provisions of this Chapter detail other information and inspections that may be required in some instances. Reasonable Use of the Subiect Propertv. L General 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 implementatio~ would result in the applicant being unable to use any of the subject property for any reasonable use. \. 2. Procedure An applicant may apply for a modification or waiver of the provisions of this Chapter using Process III. 3. Criteria 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 any profitable use of the subject property. b. It is solely the implementation of this Chapter, and not other factors, which precludes profitable use of the subject property. The applicant has in no way created or exacerbated the condition which forms the limitation on the use of the subject c. 80 - 4 .. ..-, -, 80.60 releasil19 al1d inèe..,:1i!yiI19 the City fro;:! al1d for a;'1Y dama",e 0:- liability resultil19 fro;:! a;'1)' èevelop=el1t ac:i~ity 0;'1 the subject property uhich is related to t~e physical co;'1åition of -ehe steep slope, strea=, :-eçula-eeà lake or re",ulateå uetla;¡d, This a9ree¡;;e;'1t s~all be recorded i;'1 Ki;'1g County, at the applical1t's expe;'1se, al1d shall rul1 'With the property. The City ..,ay also require -che applica,,-c to obtain il1sural1ce coverage for èa:;¡a<;e to City 0:;- private property al1d/o:;- City liability related to al1Y such develo?~e;¡t activity. Ge!'\eral Site ?rODertv. D:sic;'1 ~eç-J i :-e:o-,e:-.t s fo:- -che Sub~ec':. 1. General T~e a~Dlica~t shall locate all i...prove=e:-.ts 011 súbject p:-operty to ¡:,il1i:oize adverse i:-,1Oaots i" steeD sloDes, '.'ells, strea=s, ;e~late~ laxeš and :-e~Jl~ted u~tlanès. - - 2. Phvsical 3.a:-riers Tr.e a::>1)lica;')t s}-:all install a be~, curb or other physical barrier duri"g ccnst:<:ctio;-¡ and, if necessary, !011o'.'Ü1g coI:>ple'tion of èevelop::;e;-¡'t of the subjec't ?=cperty, to ?=event ãirect :<:,,-off and erosion f;;:o;;o aõ1::' ãist'..:rbeà area onto or into a steep slope, any a;;:ea vithi;-¡ 100 feet of a uell head, a st=ea~1 a regula'teè laxe or a regulated uetlanè. 3. Vehicle Ci:-c~laticn ~reas The aDDlicant shall leGate all ",a;;::<1;-'<; and - :;"ehicle circulation areas as far as ';)ossible f:-o::. anv steep slope, uell head, stre;=, regulated la~~ al1d regulated ue-cla;-¡è, , , . ~~~ChC~~~c1~~Ya;)~i~~~å ;~~~~~~~~:~if~~~~~;~i~~ s~ecific =;::;::~s of ::~e "'ear ¿,"~ ~o a :oaxi:::'..:::'> ~ù~er of c~~~i;)uo'.;s èay; c:- ~ou:-s i~ o:-=e:- to ~ini:oize a¿ve~se l:::?acts. s. The City ;;,~y reC"-'~~e D~~er co"s"i:=~ctio'" tech~i~~es, co~åi:{e"'s a",è restrictio;-¡s 0" develop:.;e;;: i~ c~èe:- to :1ini:oize aèverse i:o;nc"i:s en s~eeo slo::>es, 'o'ells, st:rea::s, regulated la%es or :-egula:eè ue~lanès, EO - S 80.65 Y¡e:~~:~M S~e:e3 .. Ge.oJoeiC.2Jlv H2.U.rdous ..I,rezs De"elC\ûment Limile.d This S&lion ngulates dcvdopmcnt activitics Uld Jand surfacc modifications on or within 25 ful of a ,:;;'~;::~ s;c;~ oe.oloeicaJJv h2.U.rdous arc;:, 1. ~.. Dc"dopment acti"i,tics, Jand surf2cc modifications or the jnst.aJlation Uld majntenUl~ of Jandsczping norm21Jy assod2te.d with resiöcntiaJ, commerci2J or p2.Jk use may ;¡ot occur on or with 25 f~t of a ::;-.:;::~ :~:rê ccolosicë..1ìv h2l2.JòouS arc;: U;¡1ess ;¡O rcason2ble 2ltcmativc cxists 2.J1d thcn only if thc åevdopmcnt 2clivilY or J~Îd SUrf2ce modifie<.tlon ...in ;IOt Jezd iO or crcale aTl'j increase<! s1ide, seismic or erosion' huard, 2, Rcouired Infonmlio;¡ - &of ore 2ppro\'ing UlY development activity' or J2...'1d surf2~ modification u;¡der this Se.cti o;¡ , Lie Cily ;-;¡:õy require the appJicant to submit the foJJo,,-'ing information; a. A soils repon prepare.d by a qua1ifie.d professional enginur licensed in thc St2te of Washington which describes how thc proposed Qcvdopment wjJl impact cach of the foJJo\\-1ng on the subject propeny and n~y pror,.¡-.Jes: 1. S10pe st2bnity, 1ê,ndsiide huard 2nd s10ughing. 2. Sds.¡nic h=ds. 3. Grou;¡d "-'at cr. 4. Sups, sp¡jngs. ê..nd other surf:õce -':"2ters. 5. Exisùng vcget2ùon. b. Rewmmc;¡d founó2ùon òe~ign Uld optimal location for roadway improvements, c, Rc.commcnde.d mcthods for milig21ing identified impêctS 2...'1d a description of how ¡hcsc mitiga1ing mc;:sures m;oy impact adja~nt pmpcnies. d. Any olhcr inform:õtion ¡he City determines is rcasonêb1y n=sS<.r)' to cv2luaie ¡hc propos.aJ. 3. lf thc City approvcs UlY dc\'cJopmcnt 2clivi!y or land surfacc modification u;¡dcr ¡his. - . . . . - . . - - . . 80.70 80. is Section it 1:".ay, a,"ongst other appropriate condit,ions, i"'pose the follo'...ing conditions of approvÜ: a, That the reco1:"_-;-,enèations report be follo~ed. the soils of b. That the applicant pay for the services of 9Jalified professional engineer selected and retai,ned by the City to revie'", the soils re'Oort and other relevant info~ation. - c. That a q\.Jalifieà professional engineer be present on site during all land surface ~oèification activities. d. '¡hat trees, sh;¡;-c:;:,s and grou.-,d cover be retained except', 'where necessary for approved develop",ent acti v i ties on the su=ject property. e. That additional vegetation be planted in disturbed areas. ;.;'ell Heads. MY o,:,e11 cons't:'.1cteà afte!:' !1a!:'ch 1, 1990 ~ust co~?ly'~ith the siting criteria of W.A.Ç. Chapte!:' ~ 73 260 I as no"" existing or as herea fte!:' a:;)en¿ed. >-T'¡y i.,prove;:,ent or use on the su1:>j ect property erected a!:' engaged in after Xarch 1, 1990 :¡:¡ust <::on:ply '...ith the reC:-ùire:;,e71ts in H.)..C. Chapter 273 - 160, as 710~ existing or as hereafter a¡¡,e:-¡¿ed, rega:-ding separation of 'o'ells fro~ sources of pollution. streams - General. L Set':::ac1<s, - :;0 land su:-face ;;;odification or i='Orove~ent ;;;av taxe 'Olace or be lccated in a st=ea~ or ~ithin the 'follo~ing setback a:-eas except as allo~ed ~ithin this Chapter: a. 7:,e setback area for a ::ajor st:-ea=> includes all areas '.'ithin 200 feet m.:t'...arè fro~ the top of each bank of a =:ajo:- strea", b. 7he setback area fo:- a ::ino:- st::ea::> iT\cl~èes all areas '.>ithin 50 feet out'.'a::ò f:-D'" "cr.e to'O of eac~ ,banK of a ;;;i:.o;: st::ea::>. - SO - 6 80.80 Exceptions - The setback areas established by this section do not apply to any segment of a stream that is presently wi thin a culvert, unless that stream will be taken out of the culvert as part of development of the subject property. streams - Relocation. 2. L General Relocation of a stream on the subject property is permitted subject to all of the conditions and restrictions of this section. 2. Reauired Process - A proposal to relocate a stream will be reviewed and decided upon using Process III of this Code. 3. Reauired Information As part of any request under this Section, the applicant must submit a stream relocation plan, prepared by a qualified professional approved by the city, that shows the following: a. The creation of pattern. a natural meander b. The formation of gentle side slopes, at least 2 feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. c. The creation of a narrow subchannel, where feasible, against the south or west bank. d. The utilization of natural materials, wherever possible. e. The use of vegetation normally associated with streams, including primarily native riparian vegetation. The creation of spawning and nesting areas, wherever appropriate. f. g. The re-establishment of the population, wherever feasible. fish 80 - 9 80.85 h. The restoration of \.Tater flo\.T characteristics compatible \.Tith fish habitat areas, wherever feasible. i. The filling and revegetation of the prior channel. j. A proposed Phasing Plan specifying time of year for all project phases. 4. criteria - The city \.Till allow a stream to be relocated only if water quality, habitat and storm water retention capability of the streams will be significantly improved by the relocation. Convenience to the applicant in order to facilitate general site design may not be considered. 5. Inspections - Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written report to the Planning Official stating that the channel complies with the requirements of this section. 6. Flow Characteristics - The amount of flo\.T and velocity of the - stream may not be increased or decreased as the stream enters or leaves the subject property. l streams - Bulkheads. 1. General - A bulkhead may not be located in or along a stream except as established in this Section. 2. Required Permit - A request for a bulkhead in or along the stream will be reviewed and decided upon using Process I. 3. cri teria - A request to locate a bulkhead in or along the stream ...ill only be granted if the bulkhead is needed to prevent significant erosion and the use of vegetation will net sufficiently stabilize the bank to prevent this erosion. 4. Desian Characteristics The bulkhead, if permitted, must be designed to minimize the transmi ttal of water current to other properties. changes in the horizontal or 80 - 10 80.90 80.95 vertical configuration of the land in or around the stream must be kept to a minimum. streams - CUlverts l.. General - CUlverts are permitted in streams only if approved under this Section. 2. ReQUired Permit - The City will review and decide upon applications under this Code using Process I. 3. criteria - The City will allow a stream to be put in a culvert only if- a. No significant destroyed; and habitat wil.l be area b. It is necessary for some reasonable use of the subject property. convenience to the applicant in order to facilitate general site design will. not be considered. The applicant must demonstrate, by submitting alternative site plans showing the stream in an open condition, that no other reasonable site design exists. 4. Desicrn and construction - The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. The cul.vert must be large enough to accommodate a l.OO-year storm. 5. Maintenance The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to al.l.ow free passage of water and, if applicable, fish. The City shall require a bond under Chapter 180 of this code to ensure maintenance of the culvert approved under this section. Streams - Removal of streams from Culverts. If development of the subject property requires approval through Processes I, II or III of this code, 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. 80 - 11 80.100 80.105 streams - Rehabilitation. The Planning Off icial may permit or require the applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as debris, sentiment and inappropriate vegetation and by requiring the planting of native vegetation. These actions may be permitted or required at any time that a condition detrimental to water quality or habitat exists. streams - Intrusion Into SetbacKs. 1. Essential Public Facilities and Utilities The Planning Official may permit the placement of an essential public facility or utility in a setback from a stream if he/she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. 2. Minor Improvements - Minor improveIr.ents such as foot bridges crossing the stream, walkways and benches may be located within the setback area if approved through Process I based on the following criteria: \.. a. It will quali ty. adversely affect water not b. It will not destroy nor significant habitat area. damage a c. It will not adversely affect drainage or storm water retention capabilities. d. It will not lend to unstable earth conditions nor create erosion hazards. e. It will not be materially detrimental to any other property nor to the city as a whole, including the loss of significant open space or scenic vista. 3. Other Intrusions - Other than as specified in paragraphs 1 and 2 of this section, the city may approve any request to locate an improvement or engage in land surface 80 - 12 80.110 80.115 modification within stream setback areas only through Process II, based on the following criteria: a. It will quality. water not adversely affect b. It will not destroy nor significant habitat area. damage a c. It will not adversely affect drainage or storm water retention capabilities. d. It will not lend to unstable earth conditions nor create erosion hazards. e. It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vista. f. It is necessary for reasonable development of the subject property. streams - Additional Reauirements For Land Surface Modification. If any land surface modification is permitted within the stream or stream setback area, the applicant shall comply with the following "additional requirements: 1. All fill material used must be nondisolving and nondecomposing. The fill material must not contain organic or inorganic material that would be detrimental to water quality or the existing habitat. 2. The applicant may deposit dredge spoils on the subject property only if part of an approved development on the subject property. 3. The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the stream or setback area. Reaulated Lakes - General. No structure, improvement nor land surface modification may be constructed or take place within regulated lakes or within setback areas from regulated lakes except as allowed in this Chapter. 80 - 13 80.120 80.125 80.130 Requlated Lakes - Setback Areas. All areas landward 25' in every direction from the ordinary high watermark of a regulated lake is within the setback area from a regulated lake. Requlated Lakes Waterward of the Activities and Improvements Ordinary Hiqh Watermark. This section regulates structures, improvements and activities waterward of the ordinary high watermark of regulated lakes. 1. Dredqinq and Fillinq - Except as permitted in conjunction with activities regulated under sections 155 and 160 of this Chapter, dredging and filling waterward of the ordinary high watermark of a regulated lake is prohibited. 2. structures and Improvements Except as permitted in conjunction with activities regulated under sections 155 and 160 of this Chapter, the only structures or improvements that may be located waterward of the ordinary high watermark of a regulated lake are moorage structures. The City will review and decide upon any proposal fer a moorage structure waterward of the ordinary high watermark using Process I. The City may grant a request under this section if the mooraqe structure is accessory to a dwelling unit;r public park on the subject property and no significant habitat area will be damaged by its construction or use. À moorage structure, if permi tted, may not extend waterward further than is reasonably necessary to function properly, but in no event more than 200 feet waterJard of the ordinary high watermark. Moorage structures may not be treated ...i th creosote, oil base or other toxic substances. The top of the moorage structure may not be more than 2 feet above the ordinary high watermark. l. Requlated Lakes Activities and Improvements Within the Required Setback Areas from Recrulated Lakes. No structure, improvement nor land surface modification may be located or take place ...ithin the setback area from a regulated lake except as allo...ed in this section. 80 - 14 1. Landscapin!! and Land Surface Modification - Except as otherwise specifically permitted in this Section, the' setback area from a regulated Jake may not be coyerc.d with impervious surface. Insl2Jlation and m2Jntenance of normal residential or park-like landscaping may l2J<:e place within the re.quired setback area, provided that no fertilizers, pesticides or other chemicals or subs12nces arc applied within the setback area that will degrade water quality or hasten eutrophication of the lake, Land surface modification beyond insl2JJation and m2Jntenance of normal residential or park-like landscaping may onJy be permittc.d within the setback area if approved through Process I based on the following criteria: a. The proposed Jand surface modification is necessary for the re.asonabJe use of the subject propcr1y, b, The land surface modification will not increase or decrease the size of the regulated Ja.](e. c, The: ]and surface modification wiJl not change the points when~ any water enters or le.aves the subject property nor in any way <:hange drainage patterns to or from adjacent properties. d, The proposed land surface modif¡e<.tion will not be detrimental to water quality or habitatS in or a.round the la}ce. 2. Minor Structures and Improvements - Minor improvements such as walkways, benches, platforms for storc.ge of small boats and smal] storage lockers for paddJes, oars, like preservers and simila.r boating e.quipment may be JOC2.ted within the setback a.rea if approved by the - P]anning Official based on the foJJowing criteria: a. The minor improvement will not adverse1y affect water quality. b, The minor improvement win not destroy nor damage a significant habitat area, 80 - 15 3. 4. c. The minor improvement will not adversely effect drainage or storm water retention capabil i ties. d. The minor improvement materially detrimental property in the area property nor to thé including the loss o:f space or scenic vistas. ;¡ill not be to any other of the subject city as ;¡hole, significant open Essential Public .Fa~ilities. and Utilities The Planning Official may permit the placement of an essential public facility or utility in the setback area if he/she determines that the line or improvement must traverse the setback area beca11se no feasible al ternati ve location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to the meet the requireroents of the public facility or utility. other Intrusions - a. Where the properties i~ediately abutting the subject property hàve d;¡elling units ;¡hich extend into the setback area, the applicant 1Day construct a d;¡elling unit on the subject property that extends into this setback area to the extent permitted in paragraph 4.b of this section: b. Where paragraph 4.a of this section applies, the ò;¡elling unit on the subject property may be no closer to the ordinary high ;¡atermark of the regulated lake then the average of the distance of the t;¡O d;¡elling 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 ò;¡elling unit on that abutting property is more than 25 feet from the ordinary high watermark of the regulated lake, the setback of the d;¡elling unit on that lot ;¡ill. be presumed to be 25 feet for the purposes' of calculating the permissible location for the d;¡elling unit on the subject property under this Section. 80 - 16 -----, -----,-----'-' 80,135 80.140 5. Reve\!etation - The applicant shall stabilize all areas left exposed after land surface modification with appropriate vegetation. Regulated Lakes - Rehabilitation The Planning Official may permit or re<[uire the applicant to rehabilitate or maintain a regulated lake by requiring the removal of detrimental materials such as debris, sediment and inappropriate vegetation and by requiring the planting of native vegetation. These actions may be permitted or required at any time that a condition detrimental to water quality or habitat exists. Regulated Lakes - Bulkheads 1. ~ - 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 an decide upon an application under this Section using Process 1. 3. ~ - The City may permit a bulkhead to be constructed only if: a. The bulkhead is needed to prevent significant erosion; and b. The use of vegetation will not sufficiently stabilize the shoreline to prevent the significant erosion, 4. Desi\!n 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. --------- -.'...."" 80.145 Ree:uJated Wetlands - Detennination of Ree:ulated Wetland. 1. General - This Section contains procedures and criteria for determining whether an area, ether ilian these Mœ5 èefmed B:3 regulated uetlands '"!Icier SeetioR 3.10,725 of this Code, is defined ~ a regulated wetland under this Code. 2. Evaluation - The I'IMuïing Official shill msJ.ce 5lì Ífti\Íal e'. alt!atiofi eased OR iRformatioR provided or avBÍla-è1e to l!¡e City to èeterffi:Í:fle i[the subjeet property eefit:ams or is wi:!'.:h. ~OO :cct of any ...&111100 0:' unmûppeè '....etl:,;:è w!-.:e~ m::,' :O:1st:ë:e ::. rc;;u1r.ted wetIar.å ¡¡fider this Code, If the City detennines that a wetland may exist on or within 100 feet the subject propertY. the Plannine: Official shall reouire the aPplicant to submit a wetland reoort preDared bv a Qualified professional approved bv the City that includes the following infonnation. The Plannine: Official shall use this infonnation to determine if the area is a ree:uJated wetland as defined under this Code and. if so. the precise boundaries of that re~lated wetland. a. An evaluation of the area in question based on the defmition in this Code of "Regulated Wetland". b. An overview of the methodology used to conduct the study. c. A description of the wetland, including a map identifying the edge of the wetland and plant communities and detailed description of the method used to identify the wetland edge. d, The wetland classification (D,S, Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S. "), as now existing or as hereafter amended. e. A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. f. A list of potential plant or animal species based on signs or other observation. g... An evaluation and assessment of the existine: or potential functions and values of the wetland based on the fonowine: . -----------,----------... --- .,-.-.--,'--' -" 80,150 80.155 factors: surface water control: wildlife habitat: oollution and erosion control: !':round water exchan!':e: open s~ace and aesthetic contrast: and. recreational. educational and cultural ouportunities. . 3. DeterminatieR The Plar..'1ÏR;; Official sfladl1:lSe the inf.efffiatioR pro,ided uR6er pa:ragrapfl 2 of this SectiOfl to 6etermiRe whether a regulated wet:l8:l'.6 exists on er \\Ìthi:h 100 feet of the preperty ar,d, if so, ilie predse bouRdsries ef that regulated wetland, Regulated Wetlands - Setback Areas The setback area from a regulated wetland is all land within 100 feet in every direction upland from the edge of the regulated wetland. Regulated Wetlands - Structures. Imurovements and Land Surface Modification Within Regulated Wetlands 1. ~ - No land surface modification may take place and no structure or improvement may be located in a regulated wetland except as providèd in this Section. 2. PubJic Park - The City may allow pedestrian a=ss through a regulated wetland in conjunction with a public park. The a=ss, if approved, must be designed to the maximum extent feasible to protect the wetland from any adverse effects or impacts of the a=ss and to limit the access to the defmed access area. 3. Rehabilitation - The Planning Official may permit or require the applicant to rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or habitat exists, 4, Lssefltial Public raci1itics 8:1'.6 UtiEtics LSSefltial pebJ:ie facilities aHd ut:ililies may be permitteà in a repJ1ateà .,yetlan6 usin;; Preeess ill if it is 6etermkled that the line eT impTo'..emeflt must wyef3C the regulateà wetlan6 Èieeause 110 f-wible alternati-ve 10eatioR exists based OR B:!\ 8:l'.alysis sf tœhRelegy, system. effieieHey aH6 east. The speeifie leoatieR aHd cxteRt ef the intrusiofl into the regulated \.'ctJaHd must eDRS!Ítute the mip.iffi~ffi ReeCSSfl1j cRcfeacflment te meet the requirements of the pul3Es facility Sf uliEty, !.pproyal of .,.-----u.,. a req\:lest te loeale em~!lIi8:l fmblie ut:ililies !!fie! faeidities 'Nithi!l a rcgHlated 'ñ'ctlB:!1d tr.reHgÍl Process ill shall be ba5eå O!l tdìe following criteria: a. b, c. à. c. f. ~ '" ~ It will !lot adversely affect water qHality. , It will !lot destroy Ror dama¡;e a signifieaflt habitat area., It will Ret ae! lenely affœt drail'la"e er stOfffi ,"ater releRtiO!l capabilities. It will !let lead te ,Instable esr.h eo!làitioRs nor create crosieR ÍlB:æ:rtb, It will ROt be materially detrimentcl te any other property in. tile area of the st:b;eet .;Jroperty Ror to the City as a vi!\Ole, li1cludrng :.he Joss of sigaifiœr.t open spaee er sci:;Üc ,..is'-. It '",ill result iR fie net loss of wetland area, fuae!Ïefl or ~ The prÐjeet is ir. the best interest ef the public :ïe;ùth, saf.e~, Elr .....eJfare, Modification - Other than as Sþecified in para!!raDhs 2 and 3 of this Section. the City Council mav aUDrove any request to locate an imurovement or en"age in land surface modification within a re!!ulated wetland usin!! Process III, The specific location and extent of the intrusion into the re!1:ulated wetland must constitute the minimum necessary encroachment. Approval of a reQuest for improvements or land surface modification within a re!!ulated wetland throue:h Process ill shaH be based on the followin¡! criteria: !L. lh It \\~ll not adversely affect water quaJitV. It will not destrov nor dama!!e a si!1:nificant habitat area. It will not adverselv affect drainae:e or storm water retention capabilities. It will not lead to unstable earth conditions nor create erosion hazards. It will not be materiaJJv detrimental to any other propertY in the area of the subject DToverty nor to the City as a whole. indudin!! the loss of si"nificant open space or scenic vista It will result in no net Joss of wetland area. function or value. The -project is in the best interest of the pubJic health. safety. or welfare. Ç,., !L ~ L " ...,. 11. L. The a,pplicant ha,s demonstrated sufficient scientific expertise and suœrvisorv capability to Carry out the ~ The auulicant is committed to monitoring: the project and to make corrections if the project faBs to meet projected ~ L Required information - As part of anv request under this section. the applicant shall submit a report. prepared bv a Qualified professional approved bv the CitY. that inc1udes the foJJowine: information: ;L. Mitie:ation "plan - A mjti"ation plan shaH inc1ude the foJJowinO' elements: II D. 31 ~ ~ Ql 11 Environmental e:oals and obiectives, Performance standards. Detailed construction plans. Timinl!:. Monitorine: proi¡ram for a minimum of five years. Continl!:encv plan. Performance bondinl!: in an amount of 120 œrcent of the costs of implementinl!: each of the above elements. h. Mitie:ation - Mitigation of wetland impacts shall be restricted to on-site restoration. creation or enhancement of in-kind wetland type which results in no net loss of wetland area. function or value, Where feasible. mitie:ation measures shall be designed to improve the functions and values of the impacted wetland. ~ Minimum acreae:e reulacement ratio - The foJJowin!!' are minimum restoration. creation or enhancement ratios for various impacted wetland areas. The first number of the ratio specifies the acreae:e of wetland requirine: replacement and the second specifies the acreae:e of wetlands impacted: 11 For areas with documented habitat , ' ,---------------,-_____,n,--- Zl ~ for endangered or threatened plant. fish. or animal ~pecies: Natural Heritage wetland sites: re!!ionally rare wetland communities with iITeulaceable ecolo!!ical functions; or wetlands of exceptional local silmificance the reDlacement ratio shaH be a minimum of 6: 1. For forested wetlands with at least 20 uercent of the surface area Cûvered by woody vegetation greater than 20 feet in hei"ht the reu]acement ratio shall be a minimum of 3:1. For scrub-shrub wetlands with at least 30 ~rcent of its surface covered by woody vegetation less than 20 feet in hei!!ht as the uprermost strata the re.placement ratio shall be 2;1. 11 For emer!!ent wetlands with at least 30 percent of the surface area covered bv erect. rooted. herbaceous ve!!etanon as the uJ'?ermost ve!!etative strata the replacement ratio shall be 1 5:1. il The replacement ratio for all other wetlands shall be 1.25:1. The above replacement ratios mav be increased or decreased based on the fol1owin!! criteria: 11 Probable success of the uroposed mitigation. £1 Projected losses in function or value 31 Findin!!s of special studies coordinated with agencies with expertise which demonstrate that no net Joss of wetland function or value 80.160 is attained under an alternative ratio. 11 In no case shall the minimum acreage replacement ratio be less than 1. 25 : 1. d.. Timing - All required wetland mitie:ation improvements. except monitorine:. shall be comoleted and accepted by the Planning Official prior to be~inning activities that will disturb regulated wetlands and shall be timed to reduce impacts to existing plants and animals. !h Inspections - The apolicant shall pay for services of a qualified professional selected and retained by the City to review the wetland mitie:ation reoort and other relevant information. conduct periodic in:¡pections issue a written reoort to the Planning Official stating that the project complies with requirements of the mitie:ation plan. and to conduct and report to the Planning Official on the status of the monitorine: proe:ram. Ree:ulated Wetlands - Structures. Improvements and Land Surface Modification Within the Setback Areas from Ree:ulated Wetlands 1. General - Except as allowed in this Section, no land surface modification may take place and no structure or improvement may be located within the setback area from a regulated wetland. 2. Essential Public Facilities and Utility - The Planning Official may permit the placement of an essential public facility or utility in a setback area from a regulated wetland if he/she determines that the line or improvement must traverse the setback area because no feasible or alternative location exists based on an analysis of technology and system efficiency, The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. 3, Minor Improvements - Minor improvements such as foot bridges, walkways and benches may be * * * * * * * * * * * * * * * ...----_u located \.Iithin the setbac)( ~rea fron a regulated \.Ietl~nd ir ~pproved through Process I based on the follo\.lin9 criteria: a. It \Jill quality. adversely ~ffect \Jater not b. It \.Iill not ¿estroy nor significant habitat area. da;:-,age a c. It \Jill not aàversely affect drainage or store \.later retention capabilities. d. It \Jill not lend to unstable earth conàitions nor create erosien hazards, e, It will net be ~ateriellY èetri~ental to any othë:: -ormoertv in t:..,e area of the subject propeity ;'or to the city as a vho~e, including the loss of significant open space or scenic vista. 4.. y,od' ficaticn othe:: than as s'.:)ecified in paragraphs 2 and 3 of this Sëction, the city 1:Oay approve any reCO"ùest to locate an' i..Drove,"ent or encace ,in land surface ~odificatio:1 ..;ithi:1 th-e s~t;,acX area fro):l a re~ùlateà wetla:1d through ?rocess II, based on the follo\Jing criteria: a. It \.Iill CO"ùality. aåversely affect '.;ater net b. It ',Jill :1ot ¿est::c:;" ,.cr significant habitat area. ¿a..age a c. It \Jill not a¿versely affect èrainage 0:: sto~ \.later r~tention capabilities. d. It \.Iill net lea¿ to unstable earth conèitiens ner create erosion ~aza::¿s. e. It '.;ill "ot be :::a ter:_; =. llj"",A_¿etr i;:-.enot,,_a 1 ":':.".0" any ot:-,er ?::cpe:-t)' '.. - a::ea - s1:.bject prc¡oerty ;-.0:: ';:0 t:..,e city as a whole, incluåing the loss of significa",;: open space or scenic vista, f. It is ;">ecessa::-j for re~sonable develo?~e;">';: of the subject ¡oreperty, ED - 20 Section 4 - Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5 - Severability, The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6 - Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary of this ordinance. fl PASSED by the City Council of the City of Federal Way this -.LÉ day of J'!j~, 1991. Ð~lA<, ,f1w Mayor, Debra Ertel FILED WITH THE CITY CLERK: 12/17/91 PASSED BY THE CITY COUNCIL: 12/17/91 PUBLISHED: 12/20/91 EFFECTIVE DATE: 12/25/91 ORDINANCE NO. 91-123