Drafter
Clerk 07/24/2001
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AN ORDINANCE relating to determination of sensitive area designations, describing a process for determining the designation of sensitive areas; amending Ordinance 10870, Section 464, and K.C.C. 21A.24.170, Ordinance 13332, Section 28, and K.C.C. 27.10.130 and adding new sections to K.C.C. chapter 21A.24.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
NEW SECTION. SECTION 1. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:
Sensitive area designation. A.1. A property owner or the property owner's agent may request a sensitive area designation for part or all of a site, without seeking a permit for a development proposal, by filing with the department a written application for a sensitive area designation on a form provided by the department. If the request is for review of a portion of a site, the application shall include a map identifying the portion of the site for which the designation is sought.
2. The designation shall be limited to the following determinations:
a. The existence, location, and boundaries of any stream, wetland, coal mine hazard area, landslide hazard area or steep slope on the site; and
b. The classification of any stream or wetland.
3. The designation shall not include any evaluation or interpretation of the applicability of sensitive area buffers or other sensitive area standards to a future development proposal.
B. In preparing the sensitive area designation, the department shall perform a sensitive area review to:
1. Determine whether any sensitive area that is subject to this designation process exists on the site and confirm its type, location, boundaries and classification;
2. Determine whether a special study is required to identify and characterize the location, boundaries and classification of the sensitive area;
3. Evaluate the special study, if required; and
4. Document the existence, location and classification of any sensitive area that is subject to this designation process.
C. If required by the department, the applicant for a sensitive area designation shall prepare and submit to the department the special study required by subsection B.2. of this section.
D. The department's determination of a sensitive area designation shall be made in writing within one hundred twenty days after the application for a sensitive area designation is complete, as provided in K.C.C. 20.20.050. The periods set forth in K.C.C. 20.20.100A.1 through A.5 shall be excluded from the one-hundred-twenty-day period. The written determination made pursuant to this section as to the existence, location, and classification of a sensitive area shall be effective for two years from the date the determination is issued. The department shall rely on the determination in its review of a complete application for a permit or approval filed within two years after the determination is issued. If the determination applies to less than an entire site, the determination shall clearly identify the portion of the site to which the determination applies.
E. The applicant for a sensitive area designation shall be responsible for fees as provided in K.C.C. Title 27.
F. If the department designates sensitive areas on a site pursuant to this section, the applicant for a development proposal on that site shall submit proof that a sensitive area notice on title has been filed as required by K.C.C. 21A.24.170.
G. The department by rule may provide for the designation of other sensitive areas identified by this chapter as established by council ordinance in addition to those provided for in this section.
H.1. Except as provided in 2. of this subsection, the department's determination under this section is final.
2. If the department relies on a sensitive area designation made pursuant to this section during its review of an application for a permit or other approval of a development proposal and the permit or other approval is subject to an administrative appeal, any appeal of the designation shall be consolidated with and is subject to the same appeal process as the underlying development proposal. If the King County hearing examiner makes the county's final decision with regard to the permit or other approval type for the underlying development proposal, the hearing examiner's decision constitutes the county's final decision on the designation. If the King County council, acting as a quasi-judicial body, makes the county's final decision with regard to the permit or other approval type for the underlying development proposal, the King County council's decision constitutes the county's final decision on the designation.
NEW SECTION. SECTION 2. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:
Effect of septic system design approval. If the department of Seattle-King County public health approves a septic system design based on a sensitive area designation made pursuant to section 1 of this ordinance and the applicant submits a complete application to the department of development and environmental services within two years after the date the department of development and environmental service issues the sensitive area designation under section 1 of this ordinance, the standards of this chapter in effect at the time of the department of Seattle-King County public health's approval of the septic system design shall apply to the department of development and environmental services' determination of whether the septic system design complies with the provisions of this chapter for those sensitive areas for which a sensitive area designation has been issued.
SECTION 3. Ordinance 10870, Section 464, and K.C.C. 21A.24.170 are each hereby amended to read as follows:
Notice on title. A. The owner of any property containing sensitive areas or buffers on which a development proposal is submitted, except a public right-of-way or the site of a permanent public facility, shall file a notice approved by King County with the records and elections division. The required contents and form of the notice shall be set forth in administrative rules. The notice shall inform the public of the presence of sensitive areas or buffers on the property, of the application of this chapter to the property and that limitations on actions in or affecting such sensitive areas or buffers may exist. The notice shall run with the land.
B. The applicant for a development proposal shall submit proof that the notice required by this section has been filed for public record before King County shall approve any development proposal for the property or, in the case of subdivisions, short subdivisions and binding site plans, at or before recording.
SECTION 4. Ordinance 13332, Section 28, and K.C.C. 27.10.130 are each hereby amended to read as follows:
Sensitive area review. Sensitive area review fees shall be charged a base fee and hourly charge as follows:
A. |
Basic review: |
$275.00 |
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B. |
Complex review: |
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|
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1. |
Residential |
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620.00 |
plus hourly after four and one-half hours |
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2. |
Nonresidential |
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825.00 |
plus hourly after six hours |
C. |
Miscellaneous: |
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|
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1. |
Sensitive area designations and sensitive area inquiries |
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275.00 |
plus hourly after two hours |
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2. |
Inspection monitoring |
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Hourly. |
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|
|
|
|
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SECTION 5 Not later than twelve months after the date of enactment of this ordinance, the department of development and environmental services shall report to the metropolitan King County council on the implementation of this ordinance, including an analysis of any issues and concerns the department has identified during its implementation.
SECTION 6. In accordance with K.C.C. 20.44.080, the metropolitan King County council finds that the requirements for environmental analysis, protections and mitigations in those chapters of K.C.C. Title 21A amended by this ordinance provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply.
SECTION 7. This ordinance takes effect sixty-three days after the date of enactment of this ordinance.
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