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
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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.
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*
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*
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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