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AN ORDINANCE relating to sensitive areas; correcting inconsistencies between K.C.C. 16.82 and K.C.C. 21A.24 relating to exemptions from clearing and grading permit and sensitive areas review; clarifying permit exceptions regarding noxious weed removal, ditch cleaning, agriculture activities, buffers and fish habitat restoration projects and the use of herbicides and other hazardous substances; adding an exception for clearing in coal mine hazard areas; clarifying and eliminating inconsistencies in exemptions; allowing conversions between agricultural uses; combining modifications and exceptions processes into one appealable, administrative modifications process; clarifying process to review sensitive area designations; consolidating the permit review for franchise utility R-O-W use permits; adding a review process for programmatic grading permits; extending variances to building setbacks; making appeals provisions consistent with K.C.C. title 21A; clarifying the emergency exemption procedures; expanding the purpose to include protection of habitat and species diversity; adding authority to identify and map channel migration areas; creating exceptions to the buffer requirements for landslide and steep slope hazard areas and wetlands and streams; clarifying permitted alterations in hazard areas and in wetlands and streams; defining new permitted alterations in channel migration areas and coal mine hazard areas; adding exploratory drilling as permitted alteration in landslide and steep slope hazard areas; clarifying requirements for wetland and stream enhancement, restoration and mitigation and reorganizing wetland and stream standards; requiring restoration for temporary wetland alteration resulting from utility pipeline; repealing definitions for biologist and stormwater facilities; adding definition of alteration in definitions chapter; adding new definitions of bog, fen, aquatic bed wetland, emergent wetland, scrub-shrub wetland, grazed wet meadow, wetland vegetation class, lake, wildlife, noxious weed, hazard tree, hydrologically connected, drainage basin and subbasin, tributary drainage area, drainage facility, flow control facility, surface water conveyance, improved area, roadway, ditch, emergency action, wetland and stream scientists, civil, structural and geotechnical engineers, engineering geologist, channel migration area, used by salmonids, mitigation, rectification, enhancement and creation; clarifying definitions of applicant, geologist, coal mine by-product stockpiles, coal mine hazard area, critical and utility facilities, emergency, sensitive area, erosion hazard area, landslide hazard area, seismic hazard area, steep slope hazard area, volcanic hazard area, flood hazard area, FEMA floodway, zero-rise floodway, forested wetland, isolated wetland, wetland edge, submerged land, native vegetation, impervious surface, net buildable area, substantial improvement, site, utility facility, vactor waste and restoration; moving standards from the definitions of wetlands and streams and clarifying definition of wetlands; adding separate sections for coal mine, wetland and stream classifications and including classifications for wetlands along shorelines; adding new sections to clarify requirements for mitigation of permitted alterations and corrective work for violations; updating references to drainage facilities in K.C.C. title 21A; and making technical changes to K.C.C. title 25; and amending Ordinance 1711, Section 5, and K.C.C. 14.44.050; Ordinance 1488, Sections 5, 6, 7 and (part), and K.C.C. 16.82.|1013|20, K.C.C. 16.82.050, K.C.C. 16.82.060 and K.C.C. 16.82.130; Ordinance 3688, Sections 409(1), 409(2), 509, 609 and 709 and K.C.C. 25.16.090, K.C.C. 25.16.100, K.C.C. 25.20.090, K.C.C. 25.24.090 and K.C.C. 25.28.090; Ordinance 7590, Section 7 and K.C.C. 9.08.060; Ordinance 10870, Sections 80, 92, 120, 123, 131, 135, 141, 149, 165, 176, 190, 198, 203, 240, 249, 253, 286, 288, 293, 294, 310, 314, 319, 320, 322, 323, 342, 378, 448, 450, 452 through 455, 457, 458, 459, 464, 465, 468 through 480, 483, 484, 612 and 616 and K.C.C. 21A.06.200, K.C.C. 21A.06.260, K.C.C. 21A.06.400, K.C.C. 21A.06.415, K.C.C. 21A.06.455, K.C.C. 21A.06.475, K.C.C. 21A.06.505, K.C.C. 21A.06.545, K.C.C. 21A.06.625, K.C.C. 21A.06.680, K.C.C. 21A.06.750, K.C.C. 21A.06.790, K.C.C. 21A.06.81|1013|, K.C.C. 21A.06.1000, K.C.C. 21A.06.1045, K.C.C. 21A.06.1065, K.C.C. 21A.06.1230, K.C.C. 21A.06.1240, K.C.C. 21A.06.1265, K.C.C. 21A.06.1270, K.C.C. 21A.06.1350, K.C.C. 21A.06.1360, K.C.C. 21A.06.1370, K.C.C. 21A.06.1395, K.C.C. 21A.06.1400, K.C.C. 21A.06.1410, K.C.C. 21A.06.1415, K.C.C. 21A.12.050, K.C.C. 21A.14.180, K.C.C. 21A.24.010, K.C.C. 21A.24.030, K.C.C 21A.24.050 through K.C.C. 21A.24.070, K.C.C. 21A.24.080, K.C.C. 21A.24.100 through K.C.C. 21A.24.120, K.C.C. 21A.24.170, K.C.C. 21A.24.180, K.C.C. |1013|1A.24.210 through K.C.C. 21A.24.260, K.C.C. 21A.24.280 through K.C.C. 21A.24.330, K.C.C. 21A.24.360, K.C.C. 21A.24.370, K.C.C. 21A.42.040 and K.C.C. 21A.42.080; Ordinance 11555, Section 2, and K.C.C. 21A.06.797; Ordinance 11621, Sections 20, 21, 70 and 75, and K.C.C. 21A.06.182, K.C.C. 21A.06.392, K.C.C. 21A.24.075 and K.C.C 21A.24.275; Ordinance 12018, Section 1, and K.C.C. 21A.06.1352; Ordinance 12196, Sections 9 and 10, and K.C.C. 20.20.020 and K.C.C. 20.20.030; Ordinance 13319, Section 3, and K.C.C. 21A.06.197; adding new sections to K.C.C. 16.82, K.C.C. 21A.06 and K.C.C. 21A.24; and repealing Ordinance 10870, Sections 62, 150, 221, 235, 460, 462, 466, 474, 481, 482 and 485 through 489, and K.C.C. 21A.06.110, K.C.C. 21A.06.550, K.C.C. 21A.06.905, K.C.C. 21A.06.975, K.C.C. 21A.24.130, K.C.C. 21A.24.150, K.C.C. 21A.24.190, K.C.C. 21A.24.270, K.C.C. 21A.24.340, K.C.C. 21A.24.350, K.C.C. 21A.24.380 through K.C.C. 21A.24.420; Ordinance 11621, Section 72, and K.C.C. 21A.24.345; all as amended.
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PREAMBLE:
The metropolitan King County council finds that pursuant to Ordinance 12196, the requirements for environmental analysis, protection and mitigation measures in K.C.C. chapters 21A.12, 21A.14 and 21A.24, as amended by this ordinance, provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 7590, Section 7, as amended and K.C.C. 9.08.060 are each hereby amended to read as follows:
Policy. A. Coordination. It is the finding of the county that the majority of the basins in the service area are shared with incorporated cities and towns. In order to achieve a comprehensive approach to surface and storm water management the county and incorporated jurisdictions within a specific basin should coordinate surface and storm water management services. In addition, the program may contract for services with interested municipalities or special districts, including but not limited to, sewer and water districts, school districts, port districts or other governmental agencies.
B. Education of Public. It is the finding of the county that many of the difficulties found in the management of surface and storm water problems are contributed to by the general lack of public knowledge about the relationship between human actions and surface and storm water management. In order to achieve a comprehensive approach to surface and storm water management the county should provide general information to the public about land use and human activities which impact surface and storm water management. Pursuant to RCW 36.89.085, it is the finding of the county that public school districts can provide significant benefits to the county regarding surface and storm water management through educational programs and community activities related to protection and enhancement of the surface and storm water management system. These programs and activities can provide students with an understanding of human activities and land use practices that create surface and storm water problems and involve students by learning from first hand exposure((,)) the difficulties of resolving surface and storm water management problems after they occur.
C. Developed parcels. It is the finding of the county that developed parcels contribute to an increase in surface and storm water runoff to the surface and storm water management system. This increase in surface and storm water runoff results in the need to establish rates and charges to finance the county's activities in surface and storm water management. Developed parcels shall be subject to the rates and charges of the Surface Water Management Program based on their contribution to increased runoff. The factors to be used to determine the degree of increased surface and storm water runoff to the surface and storm water management system from a particular parcel shall be the percentage of impervious surface coverage on the parcel and the total acreage of the parcel.
D. Undeveloped parcels. It is the finding of the county that undeveloped parcels do not contribute as much as developed parcels to an increase in surface and storm water runoff into the surface and storm water management system. Undeveloped properties shall be exempt from the rates and charges of the Surface Water Management Program.
E. Drainage facilities. It is the finding of the county that maintained drainage facilities mitigate the increased runoff contribution of developed parcels by providing onsite drainage control. Parcels served by retention/detention facilities which were: 1) required for development of the parcel pursuant to K.C.C. chapter 9.04 and approved by King County; or 2) can be demonstrated as required in K.C.C. 9.08.080.B.5 by the property owner to provide detention/retention of surface and storm water to the standards set forth in K.C.C. chapter 9.04 shall receive a discount as provided in the rates and charges of the Surface Water Management Program, provided that, the facility is maintained at the parcel owner's expense to the standard established by the department of ((public works)) natural resources. That portion of the rates or charges allocated for payment of debt service on revenue or general obligation bonds issued to finance storm water control facilities will not be discounted for retention/detention facilities.
F. Open space. It is a finding of the county that open space properties provide a benefit to the surface and storm water management system by the retention of property in an undeveloped state. Open space properties shall receive a discount from the rates and charges to encourage the retention of property as open space.
G. Residential parcels. It is a finding of the county that the majority of the parcels in the service area are residential. The variance between residential parcels in parcel size and percentage of impervious surface coverage is found to be minor and to reflect only minor differences in increased runoff contributions. The administrative cost of calculating the service charge individually for each residential parcel and maintaining accurate information would be very high. A flat charge for residential parcels is less costly to administer than calculating a separate charge for each parcel and is equitable because of the similarities in total parcel size and total impervious surface coverage between residential parcels. Therefore, residential parcels shall be charged a flat charge based upon the average parcel size and average percentage of impervious surfaces.
H. Very lightly developed parcels. It is a finding of the county that very lightly developed non((-))residential parcels which have an impervious surface coverage of ten percent or less of the total parcel acreage are characterized by a very low intensity of development and generally a large number of acres. A greater number of acres of undeveloped land associated with an impervious surface results in significantly less impact to the surface and storm water management system. Many of the very lightly developed properties are recreational, agricultural and timber lands identified in the King County ((c))Comprehensive ((p))Plan and should be encouraged to retain their low intensity of development. These parcels shall be charged a flat rate which will encourage the retention of large areas of very lightly developed land.
I. Lightly to very heavily developed parcels. It is the finding of the county that lightly to very heavily developed non((-))residential parcels which have an impervious surface coverage of more than ten percent have a substantial impact on the surface and storm water management system. The impact of these parcels on the surface and storm water management system increases with the size of the parcels. Therefore, lightly to very heavily developed properties shall be charged a rate determined by the percent of impervious surface coverage multiplied by the parcel acreage.
J. Road systems. It is a finding of the county that county and state roads contribute a significant amount of increased runoff to the surface and storm water management system, which contributes to the need for basin planning, drainage facilities and other related services. However, both the county roads and state highway programs provide substantial annual programs for the construction and maintenance of drainage facilities, and the roads systems and their associated drainage facilities serve as an integral part of the surface and storm water management system. The rate charged county roads and state highways shall reflect the benefit which county roads and state highway facilities provide to the surface and storm water management system. County and state road drainage systems unlike the drainage systems on other properties are continually being upgraded to increase both conveyance capacity and control. It is envisioned that the roads program will work cooperatively with the Surface Water Management Program to improve regional surface and storm water management services as new information is available from basin plans and other sources. The percentage of impervious surface coverage for county roads and state highways shall be calculated by dividing average width of roadway and shoulder by the average width of the right of way. The service charge shall be calculated in accordance with RCW 9.03.525.
K. Service charge revenues. It is the finding of the county that comprehensive management of surface and storm water runoff must include anticipation of future growth and development in the design and improvement of the surface and storm water management system. Service charge revenue needs shall be based upon the pesent and future requirements of the surface and storm water management system, and these needs shall be considered when determining the rates and charges of the program.
L. Basin plans. It is the finding of the county that basin plans are essential to establishing a comprehensive approach to a capital improvement program, maintenance of facilities and regulation of new developments. A plan should analyze the measures needed to control surface and storm water runoff which results from existing and anticipated development within the basin. The measures investigated to control runoff should include land use regulation such as setback requirements or community plan revisions which revise land use densities as well as the use of drainage facilities. A plan also should recommend the quantity and water quality runoff control measures required to further the purposes set forth in K.C.C. 9.08.040, and community goals. The institutional requirements and regulations, including, but not limited to, land use management, funding needs((,)) and incentives for preserving the natural surface water drainage system should be identified in the plan. The proposed ordinances and regulations necessary to implement the plan shall be transmitted to the council simultaneously with the plan.
M. Channel migration areas. It is the finding of the county that channel migration areas constitute hazards to the people and property of King County. Therefore, the Surface Water Management Program shall identify, designate and map channel migration areas based on the probability that the area will lie within the future limits of channel migration. These maps shall be kept reasonably current by the program and shall be the basis for regulating hazards resulting from channel migration pursuant to K.C.C. chapter 21A.24. The program shall adopt channel migration maps as administrative rules pursuant to K.C.C. chapter 2.98.
N. Service area. It is the finding of the county that areas now requiring urban services, areas designated to receive urban services or areas exhibiting development related surface and storm water problems require comprehensive management of surface and storm water. The council finds that the service area set forth in K.C.C. 9.08.050B consists of the drainage basins or subbasins in which a significant area exhibits development related surface and storm water problems or a significant area has been designated by the King County ((c))Comprehensive ((p))Plan, its supplements and revisions and community and middle plans, as specified in K.C.C. chapter 20.12 for urban development or development densities requiring urban services, or designated as transitional areas.
((N.)) O. Need for mitigation. It is the finding of the county that additional surface and storm water runoff problems may be caused by new land use development if not properly mitigated both through protection of natural systems and through constructed improvements. The Surface Water Design Manual, K.C.C. chapter 9.04 and the Sensitive Areas Ordinance, Ordinance 9614, have been adopted by King County to mitigate the impact of new land use development. Further mitigation of these impacts is based on expertise which continues to evolve as new information on our natural systems is obtained and new techniques are discovered. The Surface Water Management Program, through reconnaissance studies, basin plans((,)) and other special studies, will continuously provide valuable information on the existing problems and areas of the natural drainage system that need special protection. The county is researching and developing methods to protect the natural drainage system through zoning, buffering, and setbacks to alleviate existing problems. Setback and buffering measures allow natural preservation of wetlands and stream corridors to occur, alleviate erosion and water pollution and provide a safe environment for the small mammals and fish which inhabit sensitive areas. Based upon the above findings, and as information and methods become available, the executive, as appropriate, shall draft and submit to the council, regulations and development standards to allow protection of the surface and storm water management system including natural drainage systems.
((O.)) P. Financial management operating policy. The program will maintain long term fiscal viability and fund solvency for all of its related funds. All required capital and operating expenditures will be covered by service charges and other revenues generated or garnered by the program. The program will pay all current operating expenses from current revenues and will maintain an operating reserve to minimize service impacts due to revenue or expenditure variances from plan during a fiscal year. This reserve will be calculated based on the historic variability of revenue and expenditures. The program will adopt a strategic financial planning approach which recognizes the dynamic nature of the program's fiscal operating environment. Long term projections will be updated in the program's adopted strategic plan. One-time revenues will be dedicated to one-time-only expenditures and will not be used to support ongoing requirements. The program's approach to financial reporting and disclosure will be comprehensive, open((,)) and accessible.
((P.)) Q. Financial management capital policy. The program shall prepare an annual, multi((-))year Capital Improvement Program which encompasses all of the program's activities related to the acquisition, construction, replacement((,)) or renovation of capital facilities or equipment. All proposed new facilities will be subject to a consistent and rigorous needs analysis. The program's capital facilities will be planned and financed to ensure that the benefits of the facilities and the costs for them are balanced over time.
((Q.)) R. Financial management debt policy. The program will manage its debt to ensure continued high credit quality, access to credit markets((,)) and financial flexibility. All of the program's debt management activities will be conducted to maintain at least the current credit ratings assigned to the county's debt by the major credit rating agencies and to maintain an adequate debt service coverage ratio. Long term debt will not be used to support operating expenses. The program will develop and maintain a central system for all debt-related records which will include all official statements, bid documents, ordinances, indentures((,)) or leases, ((etc.,)) for all of the program's debt and will accurately account for all interested earnings in debt-related funds. These records will be designed to ensure that the program is in compliance with all debt covenants and with ((S))state and ((F))federal laws.
SECTION 2. Ordinance 1711, Section 5, as amended and K.C.C. 14.44.050 are each hereby amended to read as follows:
Construction permit - ((A))application ((- R))and review. A. The real property division shall coordinate the review by all departments of right-of-way construction permit applications and shall determine whether the proposed construction is ((consistent)) in compliance with the applicant's right-of-way franchise from the county.
B. The department of ((public works)) transportation shall review and evaluate applications ((in)) with respect to the hazard and risk of the proposed construction, location of the proposed construction in relation to other utilities in the right-of-way and the adequacy of the engineering and design of the proposed construction.
C. The ((building and land development division)) department of natural resources shall review and evaluate all applications for right-of-way construction permits for sewer and water main extensions to determine whether the proposed construction is ((consistent)) in compliance with the sewer or water comprehensive plan approved ((by the county council)) pursuant to K.C.C. chapter 13.24. If the ((facility)) utility construction is not ((consistent)) in compliance with an approved comprehensive plan, ((then)) the construction permit shall not be issued.
D. The department of development and environmental services shall review and evaluate those applications for right-of-way construction permits which propose to alter any sensitive area or buffer and which are not exempt under K.C.C. 21A.24.050 to determine whether the proposed construction is in compliance with the sensitive areas code, K.C.C. chapter 21A.24, and administrative rules promulgated thereunder. If the utility construction is not in compliance with the sensitive areas code and rules, the construction permit shall not be issued.
SECTION 3. Ordinance 1488, Section 5, as amended and K.C.C. 16.82.020 are each hereby amended to read as follows:
Definitions. Certain words and phrases used in this chapter, unless otherwise clearly indicated by their context, shall mean as follows:
A. "Applicant" is a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval((.));
B. "Bench" is a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes((.));
C. "Berm" is a mound or raised area used for the purpose of screening a site or operation((.));
D. "Building" is any structure having a roof;
((D.)) E. "Civil engineer" means ((a professional)) an engineer ((registered in)) who is licensed as a professional civil engineer by the state of Washington ((to practice in the field of civil works.));
((E.)) F. "Clearing" means the cutting, killing or remov((al))ing of vegetation or other organic plant material by physical, mechanical, chemical or any other similar means((.));
G. "Clearing and grading permit" means the permit required by this chapter for clearing and grading activities including, but not limited to, standard, temporary and programmatic permits;
((F.)) H. "Compaction" is the densification of ((a fill)) earth material by mechanical means((.));
((G.)) I. "Cutting" is the severing of the main trunk or stem((s)) of vegetation at any point from close to or at the soil surface ((or at a point)) up to ((25%)) seventy-five percent of the ((total vegetation)) trunk's or stem's height((.));
J. "Department" means the King County department of development and environmental services;
K. "Development proposal" means any activity requiring a permit or other approval from King County relevant to the use or development of land;
((H.)) L. "Director" means the director ((or the authorized agent of the parks, planning and resources department.)) of the King County department of development and environmental services or his or her designee;
((I.)) M. "Earth material" is any rock, natural soil or any combination thereof((.));
((J.)) N. "Erosion" is the wearing away of the ground surface as the result of the movement of wind, water ((and/))or ice((.));
((K.)) O. "Excavation" is the removal of earth material((.));
((L.)) P. "Fill" is a deposit of earth material placed by mechanical means((.));
Q. "Geotechnical engineer" means an engineer who is licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of geotechnical, geological or mining engineering;
((M.)) R. "Grade" means the elevation of the ground surface. "Existing grade," "rough grade" and "finish grade" are defined as follows:
1. "Existing grade" is the grade prior to grading((.));
2. "Rough grade" is the grade at the stage at which ((the grade)) it approximately conforms to the approved plan as required in ((Section)) K.C.C. 16.82.060((.)); and
3. "Finish grade" is the final grade of the site which conforms to the approved plan as required in ((Section)) K.C.C. 16.82.060((.));
((N.)) S. "Grading" is any removing of the duff layer, excavating((,)) or filling((, removing of the duff layer)), or any combination thereof((.));
((O. "Grading and clearing permit" means the permit required by this chapter for grading and clearing activities, including temporary permits.))
T. "Impoved area" means an area which has been disturbed or altered in accordance with law by mechanical or other human means and no longer exists in its natural vegetative state. An improved area may include, but is not limited to, an area cleared, graded, planted as lawn, constructed upon or otherwise developed;
U. "Light equipment" means hand-held tools and construction equipment, such as chain saws, wheelbarrows and post-hole diggers;
V. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could be expected to naturally occur on the site;
W. "Noxious weed" means a plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to any plant listed on the state noxious weed list contained in WAC 16-750, regardless of the list's regional designation or classification;
X. "Park" means any real property managed for public use and which has been previously maintained as a park or has been developed as a park pursuant to a properly issued permit;
((P.)) Y. "Reclamation" means the final grading and land restoration of a site((.));
Z. "Roadway" means the pavement width or proper driving portion of the road and shoulders within the outside limits of the constructed fill slopes, as illustrated. The improved portions of a road right-of-way ordinarily include the roadway, roadside ditch and cut or engineered slope;
AA. "Sensitive area" is an area in King County defined as a sensitive area in K.C.C. chapter 21A.06;
((Q.)) BB. "Shorelines" means those lands defined as shorelines in the state Shorelines Management Act of 1971, as amended((.));
((R.)) CC. "Site" is ((any lot or parcel of land or contiguous combination thereof where projects covered by this chapter are performed or permitted where a public street or way may intervene.)) a single lot, or two or more contiguous lots or parcels which are under common ownership or documented legal control, used as a single parcel for a development proposal in order to calculate compliance with the standards and regulations of this chapter;
((S.)) DD. "Slope" is an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance((.));
((T. "Soil engineer" means a person who has earned a degree in geology from an accredited college or university, or a person who has equivalent educational training and has experience as a practicing geologist.))
((U.)) EE. "Structure" is ((that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner.)) anything permanently constructed in or on the ground or over the water, excluding fences less than six feet in height, decks less than eighteen inches above grade, paved areas and structural or nonstructural fill;
((V.)) FF. "Terrace" is a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes((.));
((W.)) GG. "Tidelands" means that portion of the land which is covered and uncovered by the ebb and flood tide((.));
((X.)) HH. "Tree" is a large woody perennial plant usually with a single main stem or trunk and generally over twelve feet tall at maturity((.));
((Y.)) II. "Understory" is the vegetation layer of a forest that includes shrubs, herbs, grasses((,)) and grass-like plants, but excludes native trees((.));
JJ. "Used by salmonids" means the presence of any salmonid species, anadromous or resident, during any life stage at any time of the year. If salmonid presence is unknown, any stream with a defined channel two feet or greater in width between the ordinary high water marks and with a gradient less than twenty percent shall be presumed to be used by salmonids unless rebutted as prescribed in Section 88 of this Ordinance; and
((Z.)) KK. "Vegetation" means any and all ((organic)) plant life growing at, below((,)) or above the soil surface.
SECTION 4. Ordinance 1488, Section 6, as amended and K.C.C. 16.82.050 are each hereby amended to read as follows:
((Clearing and grading permit required - Exceptions. A. No person shall do any clearing or grading without first having obtained a clearing and grading permit from the director except for the following:
1. An on site excavation or fill for basements and footings of a building, retaining wall, parking lot, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;
2. The depositing or covering of any garbage, rubbish or other material at any solid waste facility operated by King County;
3. Maintenance of existing driveways or private access roads within their existing road prisms, provided that the performance and restoration requirements of this chapter are met and best management practices are utilized to protect water quality.
4. Any grading within a publicly owned road right-of-way;
5. Clearing or grading by a public agency for the following routine maintenance activities:
a. Roadside ditch cleaning provided the ditch does not contain salmonids;
b. Pavement maintenance;
c. Normal grading of gravel shoulders;
d. Maintenance of culverts;
e. Maintenance of flood control or other approved surface water management facilities;
f. Routine clearing within road right-of-way.
6. Any clearing or grading for roads within a preliminary or finally approved residential plat which has been approved by the director and for which a financial guarantee has been posted;
7. Maintenance or reconstruction of the facilities of a common carrier by a rail in interstate commerce within its existing right-of-way; provided restoration is consistent with the requirements of Section 16.82.110; provided that this exception does not apply if the clearing or grading is within a sensitive area as regulated in K.C.C. Chapter 21A.24.
8. Cemetery graves; provided that this exception does not apply except for routine maintenance if the clearing or grading is within a sensitive area as regulated in K.C.C. Chapter 21A.24;
9. Clearing or grading within a preliminarily or finally approved residential plat not involving any excavation exceeding five feet in vertical depth or any fill exceeding three feet in vertical depth, regardless of the amount of material to be removed; provided that this exception does not apply if the clearing or grading is within a sensitive area as regulated in K.C.C. Chapter 21A.24 or an area placed into tracts or easements pursuant to 21A.12.030. This exception does not apply within an area placed into tracts or easements for a wildlife habitat corridor pursuant to K.C.C. 21A.14 unless the proposed activity is otherwise exempt under K.C.C. 21A.24;
10. Excavation less than five feet in vertical depth not involving more than one hundred cubic yards of earth or other material on a single site; provided that the exception does not apply if the clearing or grading is within a sensitive area as regulated in K.C.C. Chapter 21A.24 or an area placed into tracts or easements pursuant to 21A.12.030. This exception does not apply within an area placed into tracts or easements for a wildlife habitat corridor pursuant to K.C.C. 21A.14 unless the proposed activity is otherwise exempt under K.C.C. 21A.24;
11. Fill less than three feet in vertical depth not involving more than one hundred cubic yards of earth or other material on a single site; provided that the exception does not apply if the clearing or grading is within a sensitive area as regulated in K.C.C. Chapter 21A.24 or an area placed into tracts or easements pursuant to 21A.12.030. This exception does not apply within an area placed into tracts or easements for a wildlife habitat corridor pursuant to K.C.C. 21A.14 unless the proposed activity is otherwise exempt under K.C.C. 21A.24;
12. Minor stream restoration projects for fish habitat enhancement by a public agency, utility or tribe as set out in K.C.C. 21A.24.
13. Clearing or grading for construction of livestock manure storage facilities or associated nonpoint source pollution facilities designed to the standards of and approved in a conservation plan by the King County conservation district, and constructed and maintained to those standards or livestock flood sanctuaries constructed and maintained to the standards approved by the Soil Conservation Service and conservation district and the best management practices approved by King County.
14. Clearing and grading, performed as Class I, II, III or IV Special forest practice in the F (Forestry) zone, that is conducted in accordance with RCW 76.09 and WAC 222.
15. Any clearing or grading which has been approved by the director as part of a Commercial Site Development permit and for which a financial guarantee has been posted.
16. Clearing outside of sensitive areas and buffers as regulated in K.C.C. Chapter 21A.24 unless the development proposal site is within an area subject to clearing restrictions contained in: K.C.C. 16.82.150, wildlife habitat corridors pursuant to K.C.C. 21A.14, critical drainage areas established by administrative rule or property-specific development standards pursuant to K.C.C. 21A.38.
17. Within sensitive areas, as regulated in K.C.C. Chapter 21A.24, the following activities are exempt from the clearing requirements of this chapter and no permit shall be required;
a. Normal and routine maintenance of existing lawns and landscaping subject to the limitations on the use of pesticides in sensitive areas as set out in K.C.C. Chapter 21A.24.
b. Permitted agricultural uses; provided the clearing is consistent with the agricultural exemptions in sensitive areas as regulated in K.C.C. Chapter 21A.24.
c. Emergency tree removal to prevent imminent danger or hazard to persons or property.
d. Normal and routine horticultural activities associated with commercial orchards, nurseries, or Christmas tree farms in existence on the effective date of Ordinance 9614 (November 27, 1990) subject to the limitations on the use of pesticides in sensitive areas as set out in K.C.C. Chapter 21A.24. This does not include clearing or grading in order to develop or expand such activities.
e. Normal and routine maintenance of existing public parks and private and public golf courses. This does not include clearing or grading in order to develop or expand such activities in sensitive areas. For the purpose of this subsection, a park is defined as: any real property managed for public use which has been previously maintained as a park or has been developed as a park pursuant to a properly issued permit.
f. Removal of noxious weeds from steep slope hazard areas and the buffers of streams and wetlands subject to the limitations on the use of pesticides in sensitive areas as set out in K.C.C. Chapter 21A.24.
g. Pruning and limbing of vegetation for maintenance of above ground electrical and telecommunication facilities; provided that the clearing is consistent with the electric, natural gas, cable communication and telephone utility exemption in sensitive areas as regulated in K.C.C. Chapter 21A.24.
h. Class II, III and IV Special forest practices outside of areas zoned F provided they occur on parcels that meet all of the following criteria for long term forestry:
(1) The parcel is enrolled under the current use taxation program as timber land pursuant to RCW 84.34 or as forest land pursuant to RCW 84.33;
(2) A long term management plan is approved for the parcel by the Washington Department of Natural Resources;
(3) The parcel is located within areas designated rural or agricultural by the King County Comprehensive Plan or applicable community plan;
(4) The parcel is located outside of expansion areas for incorporated rural cities or rural towns and neighborhoods as designated in King County Comprehensive Plan or applicable community plans,
(5) The parcel equals or exceeds 5 acres in size; and
18. Clearing within seismic hazard area, except on slopes greater than 15 percent and subject to clearing restrictions contained in: K.C.C. 16.82.150, wildlife habitat corridors pursuant to K.C.C. 21A.14, critical drainage areas established by administrative rule or property-specific development standards pursuant to K.C.C. 21A.38; and provided the site contains no other sensitive area features, and
19. Clearing within coal mine hazard area, subject to clearing restrictions contained in: K.C.C. 16.82.150, wildlife habitat corridors pursuant to K.C.C. 21A.14, critical drainage areas established by administrative rule or property-specific development standards pursuant to K.C.C. 21A.38; and provided the site contains no other sensitive areas features.
B. TEMPORARY PERMITS. The director shall have the authority to issue temporary permits for excavations, processing, quarrying and mining, and removal of sand, gravel, rock and other natural deposits, together with the necessary buildings, apparatus or appurtenances incident thereto for specific jobs on application for highway, road, street, airport construction, flood control and other public works projects. In conjunction with such operations, allied uses such as, but not limited to, rock crushers, concrete-batching plants and asphalt-batching plants may be authorized by this temporary permit. The director shall also have the authority to issue temporary permits for the removal of existing stockpiles of previously mined material for the reclamation of land to its best use, consistent with the underlying zoning.
The department of development and environmental services shall consider the effect of the proposed operation on the county road system and any effect it may have on surface or groundwater drainage and flood control, and shall make such recommendations as are necessary to protect the public interest in this regard.
The department of development and environmental services shall also consider the effect of the proposed operation on the current and future land use in the area affected by the proposed operation and shall condition permits as necessary to protect the public interest in this regard. Temporary permits are good for the life of the contract of the specific job but must be reviewed annually. Each temporary permit site shall be fully restored during the term of the temporary permit, unless the site is subsequently designated with a M zone classification, or included in an unclassified use permit.
[Editors Note: The following paragraph was adopted by Ordinance 11536; it repeats a portion of K.C.C. 21.54.230 as then stated.]
Development proposals will be subject to two levels of review standards based on occupancy types - critical facilities and standard structures. The review standards for critical facilities will be based on larger earthquake reoccurrence intervals than the earthquakes considered for standard occupancy.))
Clearing and grading permit required - Exceptions. Except for the following, no person shall do any clearing or grading without first obtaining a clearing and grading permit from the department or having all clearing and grading reviewed and approved by the department as part of another development proposal. A separate permit shall be required for each site or for the same activity occurring on multiple sites under a programmatic permit issued in accordance with Section 6 of this Ordinance, and may cover excavations, fills and clearing. All clearing and grading excepted from this permit requirement shall be undertaken in compliance with the standards set forth in this chapter:
A. The following clearing and grading activities out of and not altering sensitive areas or their buffers:
1. excavation which is less than five feet in vertical depth and which does not involve more than one hundred cubic yards of earth or other material on a single site. This exception shall not apply to excavation within a tract or easement for a wildlife habitat corridor pursuant to K.C.C. chapter 21A.14, unless the excavation is also exempt from the provisions of the sensitive areas code and rules under K.C.C. 21A.24.050;
2. fill which is less than three feet in vertical depth and which does not involve more than one hundred cubic yards of earth or other material on a single site. This exception shall not apply to fill within a tract or easement for a wildlife habitat corridor pursuant to K.C.C. chapter 21A.14 unless the fill is also exempt from the provisions of the sensitive areas code and rules under K.C.C. 21A.24.050;
3. clearing, except on a development proposal site which is subject to clearing restrictions in or applicable to:
a. wildlife habitat corridors pursuant to K.C.C. chapter 21A.14;
b. critical drainage areas established by administrative rules; or
c. property-specific development standards pursuant to K.C.C. chapter 21A.38;
4. removal of noxious weeds;
5. the use of herbicides or other hazardous substances except on a development proposal site which is subject to clearing restrictions in or applicable to:
a. wildlife habitat corridors pursuant to K.C.C. chapter 21A.14;
b. critical drainage areas established by administrative rules;
c. property-specific development standards pursuant to K.C.C. chapter 21A.38; or
d. areas with clearing standards pursuant to K.C.C. 16.82.150;
6. clearing or grading within a public road right-of-way; and
7. clearing or grading for the following within the right-of-way of a rail operating in interstate commerce:
a. normal and routine maintenance of existing rail facilities; or
b. reconstruction of once-existing rail facilities;
B. The following clearing and grading activities in or altering sensitive areas or their buffers:
1. clearing in coal mine, volcanic, seismic or flood hazard areas except on a development proposal site which is subject to clearing restrictions in or applicable to:
a. wildlife habitat corridors pursuant to K.C.C. chapter 21A.14;
b. critical drainage areas established by administrative rules;
c. property-specific development standards pursuant to K.C.C. chapter 21A.38;
d. areas with clearing standards pursuant to K.C.C. 16.82.150; or
e. other sensitive areas or their buffers;
2. clearing in a roadway if the clearing does not involve the use of herbicides or other hazardous substances in steep slope, erosion or landslide hazard areas, streams, wetlands or their buffers and if the clearing is in compliance with any applicable ditch standards set forth in K.C.C. 21A.24.370 and administrative rules promulgated thereunder. This exception shall not apply to clearing of streams which are used by salmonids or their buffers;
3. removal of noxious weeds except that in steep slope, erosion or landslide hazard areas, streams, wetlands or their buffers, noxious weed removal is excepted only if:
a. it is undertaken with hand labor and light equipment and without the use of herbicides or other hazardous substances; and
b. the cleared area is stabilized against erosion and is revegetated with native vegetation;
4. grading in volcanic, seismic, coal mine or erosion hazard areas or in channel migration areas, as follows:
a. within a public road right-of-way except for installation of gas, water, sewer or other pipelines within a coal mine hazard area; or
b. out of a public road right-of-way if:
(1) the excavation is less than five feet in vertical depth and does not involve more than one hundred cubic yards of earth or other material on a single site. This exception shall not apply to excavation within a tract or easement for a wildlife habitat corridor pursuant to K.C.C. chapter 21A.14, unless the excavation is also exempt from the provisions of the sensitive areas code and rules under K.C.C. 21A.24.050; and
(2) the fill is less than three feet in vertical depth and does not involve more than one hundred cubic yards of earth or other material on a single site. This exception shall not apply to fill within a tract or easement for a wildlife habitat corridor pursuant to K.C.C. chapter 21A.14, unless the fill is also exempt from the provisions of the sensitive areas code and rules under K.C.C. 21A.24.050;
5. grading in a roadway located in a landslide hazard area, except for:
a. excavation for roadway replacement; or
b. excavation for the installation, construction or replacement of underground utilities;
6. grading in a roadway located in a steep slope hazard area or in the buffer of a steep slope hazard area, wetland or stream. This exception shall not apply to the buffer of any stream which is used by salmonids;
7. grading in the paved width or proper driving portion of the road and shoulders in the buffer of a stream used by salmonids;
8. fish habitat enhancement projects meeting the criteria set forth in RCW 75.20.350 and approved pursuant to that section;
9. minor stream or wetland restoration by or sponsored by a public agency which has natural resource management as its primary function or a federally recognized tribe if:
a. the wetland restoration is limited to revegetation of the wetland or its buffer with native vegetation and the removal of noxious weeds;
b. the stream restoration is limited to placement of weirs, log controls, spawning gravel, woody debris and other specific salmonid habitat improvements in the stream, revegetation of the stream buffer with native vegetation and the removal of noxious weeds;
c. the restoration only involves the use of hand labor and light equipment. Helicopters or cranes may be used if they have no contact with or otherwise disturb the sensitive area or its buffer unless the contact or disturbance is otherwise allowed by law;
d. the restoration does not involve the use of herbicides, pesticides or other hazardous substances except for organic or mineral-derived fertilizers;
e. the restoration is not part of a mitigation plan associated with another development proposal and is not corrective action associated with a violation; and
f. the restoration results in a net improvement of the stream or wetland system; and
10. scientific sampling for salmonids pursuant to an approved Washington department of fish and wildlife scientific sampling permit; and
C. The following clearing and grading activities occurring in and out of sensitive areas or their buffers:
1. depositing or covering garbage, rubbish or other material at any solid waste facility operated by King County;
2. excavation of cemetery graves;
3. clearing or grading which is performed as a Class I, II, III or IV Special forest practice in the F (forest) zone and which is conducted in accordance with RCW 76.09 and WAC 222;
4. clearing or grading which is performed as a Class II, III or IV Special forest practice outside the F (forest) zone if the clearing or grading occurs on a site which meets all of the following criteria for long term forestry:
a. the site is enrolled in the current use taxation program as timber land pursuant to RCW 84.34 or as forest land pursuant to RCW 84.33;
b. a long-term management plan is approved for the site by the Washington department of natural resources;
c. the site is located within an area designated rural or agricultural by the King County comprehensive plan or applicable community plan;
d. the site is located outside of expansion areas for incorporated rural cities or rural towns and neighborhoods as designated in the King County comprehensive plan or applicable community plan; and
e. the site equals or exceeds five acres in size;
5. emergency tree removal to prevent imminent danger to persons or property except that in steep slope or landslide hazard areas, wetlands, streams or their buffers, emergency tree removal is excepted only if the requirements of K.C.C. 21A.24.060 are complied with;
6. the following horticultural and agricultural activities. To be excepted, the activities listed in subsections a - g must have been in continuous existence since at least November 27, 1990 and must be in compliance with ditch standards set forth in K.C.C. 21A.24.370 and administrative rules promulgated thereunder. For the purpose of this subsection, "continuous existence" shall include cyclical operations normally associated with these horticultural and agricultural activities. Any expansion of these activities in steep slope or landslide hazard areas, wetlands, streams or their buffers shall not be excepted under this subsection:
a. mowing hay, grass or grain crops;
b. tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activities for pasture, crops, seed or sod. This exception shall not apply in steep slope or landslide hazard areas;
c. grazing livestock if in compliance with livestock standards set forth in K.C.C. 21A.24.320 and 21A.24.360 and any administrative rules promulgated thereunder;
d. commercial orchards;
e. nurseries except in steep slope or landslide hazard areas;
f. hybrid poplar tree farms;
g. Christmas tree farms; and
h. the conversion back and forth among any of the activities excepted in subsections a - g as long as the conversion does not result in increased adverse impacts to wetlands, streams or other sensitive areas;
7. except in the zero rise and FEMA floodways, landslide and steep slope hazard areas, wetlands, streams or their buffers, grading for construction or removal of livestock manure storage facilities or associated nonpoint source pollution facilities designed to the standards of and approved in a conservation plan by the King Conservation District and constructed and maintained to those standards. Grading under this subsection in the flood fringe shall be excepted only if the facility is flood-proofed to the flood protection elevation as defined in K.C.C. chapter 21A.06; and
8. the following normal and routine maintenance activities if the structure, condition or site maintained was constructed or created in accordance with law; if the maintenance does not involve the use of herbicides or other hazardous substances in steep slope, erosion or landslide hazard areas, streams, wetlands or their buffers; if the maintenance is in compliance with ditch standards set forth in K.C.C. 21A.24.370 and administrative rules promulgated thereunder and if the maintenance does not involve any expansion of the roadway, lawn, landscaping, ditch, culvert, engineered slope or other improved area being maintained:
a. maintenance of cemetery graves;
b. maintenance of lawns and landscaping;
c. maintenance of driveways or private access roads;
d. maintenance of outdoor public park facilities and public park areas and trails and public and private golf courses;
e. the following maintenance activities in a public road right-of-way by a public or private utility or by a public agency:
(1) roadside ditch maintenance. This exception shall not apply to any stream which is used by salmonids or its buffer;
(2) culvert maintenance. If the culvert is used by salmonids or conveys a stream used by salmonids, the maintenance shall be limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and erosion control and restoration of any inadvertently disturbed or damaged stream bank or bed immediately adjacent to the culvert and shall not involve removal of sediment or debris from the stream, armoring of the stream bank or excavation of a new sediment trap adjacent to the inlet;
(3) maintenance of cut or engineered slopes if the maintenance is limited to vegetation maintenance and erosion control and does not involve slope stabilization; and
(4) maintenance of flood control or other drainage facilities maintained by a public agency. This exception shall not apply to any stream or wetland which is used by salmonids or its buffer; and
f. the following maintenance activities associated with agriculture or horticulture in continuous existence since at least November 27, 1990. For the purpose of this subsection, "continuous existence" shall include cyclical operations normally associated with agriculture or horticulture:
(1) agricultural ditch maintenance if the maintenance is in compliance with the following ditch maintenance standards. This exception shall not apply to any stream which is used by salmonids or its buffer:
(a) all maintenance activities shall occur during periods of low water flow, ordinarily between July 15 and September 15;
(b) excavation shall be in a direction from the upstream portion of the ditch to the downstream portion with the upstream edge of the excavation not exceeding a final grade of six inches drop for every ten feet;
(c) the width, depth and side slopes of the ditch shall be configured in compliance with requirements determined for the site conditions by the U.S. National Resources Conservation Service and the King Conservation District;
(d) measures to control erosion shall be taken including, but not limited to, retaining existing vegetation on side slopes to the extent possible, retaining existing vegetation alongside the ditch to filter field runoff, reseeding any exposed soils alongside the ditch, placing and maintaining a permanent filter downstream of the maintenance project in compliance with the King County Erosion and Sediment Control Standards and placing and maintaining a silt fence or other similar device in all ditches adjacent to streams used by salmonids to protect downstream salmonids from erosion; and
(e) excavation spoils taken from a ditch shall not be placed within a sensitive area or its buffer except that they may be spread evenly in a thin layer across an agricultural field in current use at least twenty-five feet from the edge of any ditch, stream or waterbody. Excavation spoils shall otherwise be immediately removed to an off-site legal disposal area. Temporary stockpiles of excavation spoils may remain on a field for up to nine months if they are covered, seeded or silt-fenced to control erosion and will not divert or impede flood flows within a flood hazard area. Spoils shall be placed as far as practical from the ditch as the operating machinery will allow, but in no case closer than the edge of any existing vegetated strip immediately adjacent to fields in existing agricultural use;
(2) culvert maintenance. If the culvert is used by salmonids or conveys a stream used by salmonids, the maintenance shall be limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and erosion control and restoration of any inadvertently disturbed or damaged stream bank or bed immediately adjacent to the culvert and shall not involve removal of sediment or debris from the stream, armoring of the stream bank or excavation of a new sediment trap adjacent to the inlet; and
(3) maintenance of farm ponds, fish ponds, livestock watering ponds and manure storage facilities.
NEW SECTION. SECTION 5. There is added to K.C.C. 16.82 a new section to read as follows:
Temporary permits. The department shall have the authority to issue temporary permits subject to the following:
A. Temporary permits may be issued for:
1. Excavating, processing, quarrying, mining and removing sand, gravel, rock and other natural deposits for specific jobs which are part of highway, road, street or airport construction, flood control and other public works projects; and
2. Removing existing stockpiles of previously mined materials for the reclamation of land to its best use, consistent with the underlying zoning;
B. The department shall consider the effect of the permitted activity on the following and prescribe permit conditions which shall protect the public interest:
1. The county road system and surface or groundwater drainage and flood control; and
2. The current and future land use in the area affected by the proposed activity; and
C. A temporary permit shall be good for the life of the specific job or the contract under which the job is done, whichever is sooner. The temporary permit shall be reviewed by the department annually. Each temporary permit site shall be fully restored during the term of the temporary permit unless the site is subsequently zoned to allow the activity for which the permit was issued.
NEW SECTION. SECTION 6. There is added to K.C.C. 16.82 a new section to read as follows:
Programmatic permits. The department shall have the authority to issue programmatic permits subject to the following:
A. A programmatic permit may be issued for any clearing or grading activity:
1. which is subject to repetition as part of a maintenance or other program;
2. which has the same or similar identifiable impacts, as determined by the department, each time the activity is repeated at all sites covered by the permit; and
3. for which standard permit conditions suitable to any and all sites can be developed and implemented;
B. Programmatic permit conditions shall be the same for all clearing and grading activities authorized under the programmatic permit. The department may require that the applicant develop and propose permit conditions as part of the permit application. The department may approve, modify or reject any or all of the proposed conditions. No programmatic permit shall be issued by the department until applicable permit conditions are developed and approved;
C. Clearing or grading activities authorized under a programmatic permit shall be subject to inspection by the department. The applicant may be required to notify the department each time work subject to the permit is undertaken in order for the department to schedule inspections. In addition, the department may require periodic status reports to be submitted to it by the applicant. The frequency, method and contents of such notifications and reports shall be specified as conditions to the programmatic permit;
D. If the department determines that the programmatic permit or activities authorized under the permit are no longer in accordance with law, that the permit does not provide adequate regulation of the clearing or grading activity, that permit conditions or the manner in which they are implemented is not adequate to protect against the impacts resulting from the clearing or grading activity or that the site requires site-specific regulation, the department may require permit renewal at that time, impose new permit conditions or otherwise modify the programmatic permit or withdraw the permit and require that the applicant apply for a standard clearing and grading permit; and
E. The programmatic permit is a type of clearing and grading permit and, therefore, shall be subject to the same application, review and renewal requirements as a standard clearing and grading permit, unless otherwise specified.
SECTION 7. Ordinance 1488, Section 7, as amended and K.C.C. 16.82.060 are each hereby amended to read as follows:
Permit requirements. ((Except as exempted in K.C.C 16.82.050, no person shall do any clearing or grading without first obtaining a clearing and grading permit from the director. A separate permit shall be required for each site and may cover both excavations and fills.))
A. ((Application.)) To obtain a permit, the applicant shall first file an application ((therefor)) in writing on a form ((furnished for that purpose. The director shall prescribe the form by which application is made)) prescribed by the department. No application shall be accepted unless it is completed ((consistent)) in compliance with the requirements of this chapter and the permit process and procedures ((chapter)) provisions of K.C.C. ((Title)) chapter 20.20. In addition to the requirements of K.C.C. 20.20.040, every application shall:
1. Identify and describe the work to be covered by the permit for which application is made;
2. Describe the land on which the proposed work is to be done, by lot, block, tract and house and street address, or simlar description that will readily identify and definitely locate the proposed site;
3. Identify and describe those sensitive areas as defined in K.C.C. chapter 21A.24 on or adjacent to the site;
4. Indicate the estimated quantities of work involved;
5. Identify any clearing restrictions contained in K.C.C. 16.82.150, wildlife habitat corridors pursuant to K.C.C. chapter 21A.14, critical drainage areas established by administrative rules or property-specific development standards pursuant to K.C.C. chapter 21A.38;
6. Be accompanied by plans and specifications as required in ((subsections B. and C. )) K.C.C. 16.82.060B and 16.82.060C;
7. Designate who the applicant is, on a form prescribed by the department, except that the application may be accepted and reviewed without meeting this requirement when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met:
a. the name of the agency or public or private utility is shown on the application as the applicant;
b. the agency or public or private utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form ((provided)) prescribed by the department; and
c. the form designating the applicant is submitted to the department prior to permit issuance; and
8. Give such other information as may be required by the ((director)) department.
B. ((Plans and specifications.)) When required by the ((director)) department, each clearing and grading permit application ((for a grading permit)) shall be accompanied by six sets of plans and specifications and other supporting data as may be required. The plans and specifications shall be prepared and signed by a civil engineer or landscape architect registered to practice in the state of Washington when required by the director; provided, that the director may require additional studies prepared by a qualified soils specialist. If the plans and specifications are returned as a result of permit denial or any other reason, they shall be returned to the applicant.
C. ((Information on plans and specifications.)) Plans shall be drawn to an engineer's scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all other relevant laws, rules, regulations and standards. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following minimum information:
1. General vicinity of the proposed site;
2. Property limits and accurate contours of existing ground and details of terrain and area drainage;
3. Limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction;
4. Location of all proposed cleared areas;
5. Location of any open space tracts or conservation easements if required pursuant to:
a. K.C.C. 16.82.150,
b. K.C.C. chapter 21A.14,
c. critical drainage areas, or
d. property-specific development standards pursuant to K.C.C. chapter 21A.38;
6. ((c))Calculations of the total proposed area cleared on site as a percentage of the total site area;
7. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as a part of the proposed work, together with the maps showing the drainage area and the estimated runoff of the area served by any drains;
8. A determination of whether drainage review applies to the project pursuant to K.C.C. chapter 9.04. and , if applicable, all drainage plans and documentation ((consistent)) in compliance with the King County Surface Water Design Manual;
9. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifty feet of the property or which may be affected by the proposed grading operations;
10. Landscape and rehabilitation plan as required by K.C.C. 16.82.110;
11. Other information as may be required by the director; and
12. If the clearing or grading is proposed to take place in or adjacent to a sensitive area((s as regulated in K.C.C. chapter 21A.24)), provide information as required by ((that chapter)) K.C.C. chapter 21A.24.
D. ((Granting of permits 1.)) The director ((shall determine if)) may issue a clearing and grading permit to the applicant if the director determines that:
1. the proposed clearing or grading will not adversely affect the character of the site for present lawful uses or ((with the)) for future development of the site and adjacent properties ((for building or other purposes as indicated by)) consistent with the comprehensive plan, the shoreline master program and the zoning code((.));
2. ((After an application has been filed and reviewed, the director shall also ascertain whether such)) the clearing and grading work complies with the other provisions of this chapter; and
3. all federal, state and local agencies having jurisdiction pursuant to laws or regulations have approved the work.
E. ((If the application and plans so comply, or if they are corrected or amended so as to comply, the director may issue to the applicant a grading permit.)) A clearing and grading permit shall be valid for the number of days stated in the permit but in no case shall the period be more than two years; provided, that when operating conditions have been met, the permit may be renewed every two years, or less if a shorter approval ((and/))or renewal period is specified by the director. Additional requirements applicable to programmatic permits are set forth in Section 6 of this Ordinance.
((3. No grading permit shall be issued until approved by federal, state and local agencies having jurisdiction by laws or regulations.
4.)) F. Upon approval of the application and issuance of the clearing and grading permit, no work shall be done that is not provided for in the permit. The director is authorized to inspect the premises at any reasonable time to determine if the work is in accordance with the permit application and plans.
((5.)) G. Subject to the provisions of K.C.C. 16.82.050, ((T))the clearing and grading permits ((from the director)) issued pursuant to this chapter shall be required regardless of any permits issued by any other department of county government or any other governmental agency who may be interested in certain aspects of the proposed work. Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining the permit, the violator shall be subject to such civil penalties as provided in K.C.C. chapter 23.04. However, the payment of such civil penalties shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed thereon.
SECTION 8. Ordinance 1488 (part), as amended and K.C.C. 16.82.130 are each hereby amended to read as follows:
Enforcement. A. The director ((of the department of parks, planning and resources)) is authorized to enforce the provisions of this chapter((, the ordinances and resolutions codified in it,)) and any rules ((and regulations)) promulgated thereunder pursuant to the enforcement and penalty provisions of K.C.C. Title 23.
B. If clearing ((inconsistent)) or grading not in compliance with the purposes and requirements of this chapter has occurred on a site, ((King County)) the department shall not accept any permit application or grant any development permit((s)) or approval((s)) for the site, except a permit or approval necessary for restoration, ((unless)) until the applicant:
1. ((adequately)) ((r))Restores the site; or
2. Obtains department approval of a permit for restoration of the site and posts any required bond.
C. The ((director)) department shall require appropriate restoration of the site under an approved restoration or corrective work plan which shall include a time schedule for compliance ((if significant resource damage has or may occur)). If restoration has not been completed within the time established by the department, the director shall order restoration using funds from ((building and land development division)) the department's contingency accounts and seek restitution from the property owner through liens or other available legal methods.
D. Nothing in this section shall limit corrective action requirements or other remedies or penalties applicable to sensitive areas violations set forth in K.C.C. chapter 21A.24 or K.C.C. Title 23.
SECTION 9. Ordinance 12196, Section 9, as amended and K.C.C. 20.20.020 are each hereby amended to read as follows:
Classifications of ((L))land ((U))use ((D))decision ((P))processes. A. Land use permit decisions are classified into four types, based on the amount of discretion associated with each decision. Procedures for the four different types are distinguished according to who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in Exhibit A of this section.
1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are ((nonappealable)) administrative decisions which require the exercise of little or no administrative discretion ((, except for Type 1 decisions for which the department has issued a state Environmental Policy Act ("SEPA") threshold determination)). A Type 1 decision, exclusive of any other decision involved, is not appealable except to superior court. For a Type 1 decision involving another type of decision, such as a Type 2 SEPA determination, the other decision shall be appealable according to the process for that type of decision. For example, a Type 1 decision((s)) for which the department has issued a SEPA threshold determination ((are)) shall be appealable at the time of issuance of the SEPA threshold determination to the hearing examiner as a Type 2 decision, provided that the appeal is limited to the SEPA threshold determination and issues relating to zoning code ((( K.C.C. Title 21A))) compliance, K.C.C. Title 21A, excluding compliance with permitted use provisions. However, the decision on the Type 1 ((permit)) decision, exclusive of the SEPA threshold determination((s)) issued by the department and issues relating to zoning code, ((())K.C.C. Title 21A(())), compliance excluding compliance with permitted use provisions, is not appealable to the hearing examiner; rather it is appealable to superior court. For ((the)) purposes of appealing a Type 1 decision to Superior Court, the Type 1 decision shall not be considered final until any permitted appeal of the other type of decision to the hearing examiner is decided. Public notice is not required for a Type 1 decision((s)), except for a Type 1 decision((s)) for which the department has issued ((a)) another type of decision, such as a Type 2 SEPA threshold determination((, which are treated like Type 2 decisions for the purposes of public notice)).
2. Type 2 decisions are made by the director, or his or her designee. Type 2 decisions are discretionary decisions which are subject to administrative appeal in accordance with applicable provisions of law ((or ordinance)).
3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner.
4. Type 4 decisions are quasi-judicial decisions made by the county ((C))council based on the record established by the hearing examiner.
B. Except as provided in K.C.C. 20.44.120A.6 and K.C.C. 25.32.080 or unless otherwise agreed to by the applicant, all Type 2, 3 and 4 decisions included in consolidated permit applications ((that would)) which require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the process for the highest ((numbered)) type of land use decision ((type)) applicable to the project application.
C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter.
D. Land use permits that are categorically exempt from review under the ((S))state Environmental Policy Act ("SEPA") will not require a threshold determination (determination of nonsignificance ("DNS") or determination of significance ("DS")). For all other projects, the SEPA review procedures codified in K.C.C. chapter 20.44 are supplemental to the procedures set forth in this chapter.
Exhibit A
LAND USE DECISION TYPES
TYPE 1 (Decision by director, no administrative appeal) Building; clearing and grading; boundary line adjustment; right of way; road variance except ((those rendered)) in conjunction with a short plat decision((**))*; K.C.C. chapter 9.04 variance ((from the requirements of K.C.C. chapter 9.04)); shoreline exemption; ((approval of a)) conversion option harvest plan.
TYPE 2 (Decision by director appealable to hearing examiner, no further administrative appeal) Short plat; road variance ((decisions rendered)) in conjunction with a short plat decision; zoning variance; conditional use ((permit)); temporary use; shoreline substantial development ((permit)) **; Type 1 decision for which the department has issued a SEPA threshold determination***((*)); procedural and substantive SEPA decision; site development ((permit)); ((approval of)) residential density incentives or transfer of development credits approval; reuse of public schools; ((reasonable use exceptions under K.C.C. 21A.24.070B;)) preliminary determinations under ((Section 10B)) K.C.C. 20.20.030B; sensitive areas reasonable use exception((s)) under K.C.C. 21A.24.070; and ((decisions to require studies or to approve, condition or deny a development proposal based on the requirements of Chapter)) sensitive areas modification under K.C.C. 21A.24.075; extractive operations ((pursuant to)) under K.C.C. 21A.22.050; binding site plan; ((waivers from the moratorium provisions of KCC16.82.140 based upon a finding of)) special circumstances waiver of moratorium under K.C.C. 16.82.140.
TYPE 3 (Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record) Preliminary plat, plat alterations; preliminary plat revisions
TYPE 4**** (Recommendation by director hearing and recommendation by hearing examiner decision by county council on the record) Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of ((P suffix)) property-specific development conditions; plat vacations
* The road variance process is administered by the county road engineer of the King County department of transportation pursuant to the King County road standards.
** When applications for shoreline permits are combined with other permits requiring Type 3 or 4 land use decisions pursuant to K.C.C. 25.32.080, the examiner (not the director) makes the decision. All shoreline permits, including shoreline variances and conditional uses, are appealable to the state Shorelines Hearings Board and not to the hearing examiner.
((** The road variance process is administered by the County Road Engineer of the King County department of transportation pursuant to the King County road standards.))
((*** Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications which are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration will be scheduled with the amendment to the comprehensive plan pursuant to K.C.C. 20.18.040 and 20.18.060.))
*)) Only the SEPA threshold determination and issues relating to zoning code compliance, excluding compliance with permitted use provisions, may be appealed, upon issuance of the threshold determination; other issues, including those relating to building code compliance, are not appealable.
**** Only approvals that are consistent with the comprehensive plan are included.
SECTION 10. Ordinance 12196, Section 10, and K.C.C. 20.20.030 are each hereby amended to read as follows:
Pre((-))application conferences. A. Prior to filing a permit application for a Type 1 decision, the applicant shall contact the department to schedule a preapplication conference which shall be held prior to filing the application((,)) if the property:
1. ((w))Will have ((5,000)) five thousand square feet or more of development site or right-of-way improvements((,));
2. ((the property)) ((i))Is in a critical drainage basin((,)) or has on it ((the property has)) a wetland, stream or steep slope, landslide ((hazard)), erosion, ((hazard,)) flood or coal mine hazard area or associated buffer ((on site.));
3. Has been subject to an emergency alteration for which subsequent review is required pursuant to K.C.C. 21A.24.060; or
4. Has on it a sensitive area or buffer for which a modification is sought pursuant to K.C.C. 21A.24.075.
B. Type 1 decisions involving the following shall be ((E))exempt from ((this)) the preapplication conference requirement ((are)) set forth in K.C.C. 20.20.030A.1 and A.2:
1. ((a)) ((s))Single ((family)) detached residences and ((its)) their accessory ((buildings)) structures; and
2. ((o))Other structures where all work is in an existing building and no parking is required or added.
C. Prior to filing a permit application requiring a Type 2, 3 or 4 decision, the applicant shall contact the department to schedule a pre((-))application conference which shall be held prior to filing the application, except as provided herein. The purpose of the pre((-))application conference is to review and discuss the application requirements with the applicant and provide comments on the development proposal. The pre(())application conference shall be scheduled by the department, at the request of an applicant, and shall be held in a timely manner, within thirty (((30))) days from the date of the applicant's request. The fee for the pre((-))application conference shall be credited in full against the permit application fee. A project coordinator shall be assigned by the department following the pre((-))application conference.
D. The ((D))director may waive the requirement for a pre((-))application conference if it is determined to be unnecessary for review of an application. ((Nothing in this section shall be interpreted to require)) Except as provided in K.C.C. 20.20.030E, no more than one pre((-))application conference shall be required for a permit application. ((or to prohibit the applicant)) In addition, an applicant shall not be prohibited from filing an application if the department is unable to schedule a pre-application conference within thirty days following the applicant's request.
E. ((Information presented at or required as a result of the pre-application conference shall be valid for a period of)) The applicant shall submit the permit application which was the subject of the preapplication conference within ((180))one hundred eighty days following the preapplication conference or, for emergency alterations pursuant to K.C.C. 21A.24.060, within the period determined by the department at the preapplication conference. An applicant wishing to submit ((a)) the permit application more than 180 days following ((a)) the preapplication ((for the same permit application)) conference or after the time determined for emergency alterations shall be required to schedule another pre-application conference for that permit application.
((B.)) F. At or subsequent to a preapplication conference, the department may issue a preliminary determination that a proposed development is not permissible under applicable county policies or ((regulatory enactments)) laws. In that event, the applicant shall have the option to appeal the preliminary determination to the hearing examiner in the manner provided for a Type 2 permit, as an alternative to proceeding with a complete application. Mailed and published notice of the appeal shall be provided for as required in ((New Section. Section 12 (G) and (H))) K.C.C. 20.20.060G and H.
NEW SECTION. SECTION 11. There is added to K.C.C. 21A.06 a new section to read as follows:
Alteration. Alteration: for purposes of sensitive areas regulation, any human activity which results in or is likely to result in an impact upon the existing condition of a sensitive area. Alterations include, but are not limited to, grading, filling, dredging, draining, channelizing, applying pesticides, herbicides, fertilizers or any other hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, operating vehicles or equipment, modifying for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity which results or is likely to result in an impact to existing vegetation, hydrology, water quality, wildlife, habitat, sensitive areas or other resources or natural or built features. Alterations do not include walking, fishing or any other passive recreation or other similar activities.
SECTION 12. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows:
Applicant. Applicant: a property owner, or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
SECTION 13. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each repealed.
NEW SECTION. SECTION 14. There is added to K.C.C. 21A.06 a new section to read as follows:
Bog. Bog: a freshwater wetland found on organic soils, usually peat, which is nutrient poor, has a low pH (acidic) and has rainfall, rather than a stream or groundwater, as its major source of water. Bogs are formed by the accumulation of organic matter produced by sphagnum mosses and are often characterized by the highly specialized plant species which grow there.
SECTION 15. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows:
Channel ((relocation and stream meander)) migration area. Channel ((relocation and stream meander)) migration area: ((those areas))any area in King County which is subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the location of stream channels. The boundary of a channel migration area is shown on King County's Channel Migration Hazard maps.
SECTION 16. Ordinance 10870, Section 80, and K.C.C. 21A.06.200 are each hereby amended to read as follows:
Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) any area((s)) in King County underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe:
A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e. the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard area are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severecoal mine hazard areas typically include, but are not limited to, over land surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e. surface of the land) to one hundred fifty feet.))
SECTION 17. Ordinance 13319, Section 3, and K.C.C. 21A.06.197 are each hereby amended to read as follows:
Coal mine by-products stockpiles. Coal mine by-products stockpiles: an accumulation, greater than five hundred cubic yards and five feet of vertical depth, of ((undisturbed)) waste ((and/))or byproduct materials having greater than ((fifty)) twenty five percent, as measured by weight, of mineral coal or coal shale as a component and which resulted from historic coal mining.
NEW SECTION. SECTION 18. There is added to K.C.C. 21A.06 a new section to read as follows:
Creation. Creation: for purposes of sensitive areas regulation, an action which creates a new sensitive area to replace a sensitive area which has been eliminated or altered.
SECTION 19. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows:
Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities", "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the Uniform Building Code. Critical facilities also include nursing ((homes)) and personal care facilities, senior citizen assisted housing, public roadway bridges((,)) and sites for hazardous substance storage or production, not including the temporary storage of consumer products containing hazardous substances intended for household use or for retail sale on the site.
NEW SECTION. SECTION 20. There is added to K.C.C. 21A.06 a new section to read as follows:
Ditch. Ditch: a wholly artificial open channel used or constructed for the purpose of conveying water.
NEW SECTION. SECTION 21. There is added to K.C.C. 21A.06 a new section to read as follows:
Drainage basin. Drainage basin: a drainage area which drains to the Cedar/Lake Washington, Green, Snoqualmie, Skykomish or White Rivers, Lake Washington or other drainage area which drains directly to Puget Sound.
NEW SECTION. SECTION 22. There is added to K.C.C. 21A.06 a new section to read as follows:
Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, which collects, conveys, stores or treats surface water. Drainage facilities may include, but are not be limited to, streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control or water quality treatment facilities and erosion and sediment control facilities.
NEW SECTION. SECTION 23. There is added to K.C.C. 21A.06 a new section to read as follows:
Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area which drains to a waterbody which is named and mapped and contained within a drainage basin.
SECTION 24. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows:
Emergency. Emergency: an unanticipated occurrence during which there is imminent danger to the public health, safety and welfare((,)) or which poses an imminent risk ((to)) of property damage or personal injury or death((,)) as a result of a natural or man((-))made catastrophe, as ((so declared)) determined by the director ((of DDES)).
NEW SECTION. SECTION 25. There is added to K.C.C. 21A.06 a new section to read as follows:
Emergency action. Emergency action: an action taken in direct response to and to avoid, prevent or protect against the risks or dangers of an emergency and which must be undertaken immediately or within a time too short to allow full compliance with the provisions of this title.
NEW SECTION. SECTION 26. There is added to K.C.C. 21A.06 a new section to read as follows:
Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural:
A. Civil engineer: an engineer who is licensed as a professional civil engineer by the state of Washington;
B. Geotechnical engineer: an engineer who is licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of geotechnical, geological or mining engineering; and
C. Structural engineer: a structural engineer licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of structural engineering.
SECTION 27. Ordinance 10870, Section 120, and K.C.C.
21A.06.400 are each hereby amended to read as follows:
Enhancement. Enhancement: for purposes of sensitive areas regulation, an action which ((increases)) improves the functions ((and values)) of a ((stream, wetland or other)) sensitive area or buffer.
SECTION 28. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows:
Erosion hazard area((s)). Erosion hazard area((s)): ((those)) any area((s)) in King County underlain by soils which are subject to severe erosion when disturbed. Such soils include, but are not limited to:
A. ((t))Those classified as having a severe to very severe erosion hazard according to the USDA Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) fifteen percent or steeper:
((A))1. the Alderwood gravely sandy loam ("AgD");
((B))2. the Alderwood and Kitsap soils ("AkF");
((C))3. the Beausite gravely sandy loam ("BeD" and "BeF");
((D))4. the Kitsap silt loam ("KpD");
((E))5. the Ovall gravely loam ("OvD" and "OvF");
((F))6. the Ragnar fine sandy loam ("RaD"); and
((G))7. the Ragnar-Indianola Association ("RdE") and,
B. Those which represent significant risk to sensitive downstream receiving waters due to proximity to those receiving waters and the size of the disturbed area.
SECTION 29. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows:
Federal Emergency Management Agency ("FEMA") floodway. Federal Emergency Management Agency ("FEMA") floodway:
A. ((t))The channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot((.)); and
B. The lake and that portion of the adjoining floodplain which is necessary to contain the base flood flow without increasing the base flood elevation more than one foot.
NEW SECTION. SECTION 30. There is added to K.C.C. 21A.06 a new section to read as follows:
Fen. Fen: a freshwater wetland found on organic soils, usually peat, where herbaceous hydrophytes are the dominant vegetation. Nutrients in fens range from rich to poor, and the water may have a low pH.
SECTION 31. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows:
Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s)) in King County subject to inundation by the base flood ((and those areas)) or ((subject)) to risk from channel ((relocation or stream meander)) migration including, but not limited to, a stream((s)), lake((s)), wetland((s and)) or closed depression((s)).
SECTION 32. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows:
Floodway, zero-rise. Floodway, zero-rise:
A. Any area in King County which is necessary to contain and discharge the base flood flow without any measurable increase in the base flood elevation including:
1. the channel of a stream and ((that)) any necessary portion of the adjoining floodplain ((which is necessary to contain and discharge the base flood flow without any measurable increase in flood height.)); and
2. the lake and any necessary portion of the adjoining floodplain.
B. For the purpose of this definition, ((A)) a measurable increase in base flood ((height)) elevation means a calculated upward rise in the base flood elevation, equal to or greater than .01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or placement of obstructions in the floodplain. ((This definition is broader than that of the FEMA floodway, but always includes the FEMA floodway.))
C. The boundaries of the ((100)) one hundred-year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated ((by)) in a sensitive area ((special study)) report reviewed and approved by the department.
NEW SECTION. SECTION 33. There is added to K.C.C. 21A.06 a new section to read as follows:
Flow control facility. Flow control facility: a drainage facility designed to mitigate the impacts of increased surface water runoff generated by site development pursuant to drainage requirements set forth in K.C.C. chapter 9.04 by:
A. Holding water over time and releasing it by evaporation, plant transpiration or infiltration into the ground; or
B. Holding water temporarily and releasing it to a surface water conveyance system.
SECTION 34. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows:
Geologist. Geologist: a person who has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university ((or)) and who has a minimum of four years of relevant work experience in the fields of geology, geomorphology or engineering geology or who has equivalent educational training and ((at least four years of)) professional experience.
SECTION 35. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each repealed.
NEW SECTION. SECTION 36. There is added to K.C.C. 21A.06 a new section to read as follows:
Grazed wet meadow. Grazed wet meadow: an emergent wetland which has grasses, sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been continuously used for grazing livestock since at least November 27, 1990. For the purpose of this subsection, "continuous use" shall include cyclical operations normally associated with livestock grazing.
NEW SECTION. SECTION 37. There is added to K.C.C. 21A.06 a new section to read as follows:
Hazard tree. Hazard tree: any tree, determined by a person with five years experience with the assessment of such hazards or the equivalent educational training and professional experience, to have a structural defect, combination of defects or disease resulting in structural defect which, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manor that will:
A. Damage a residential structure, place of employment or public assembly, or approved parking spaces for such structures;
B. Damage an approved road or utility facility; or
C. Prevent emergency access in the case of medical hardship.
NEW SECTION. SECTION 38. There is added to K.C.C. 21A.06 a new section to read as follows:
Hydrologically connected. Hydrologically connected: for purposes of sensitive areas regulation, a connection between two or more surface water bodies including, but not limited to, wetlands, streams or lakes as evidenced by:
A. The presence of surface water in a perennial or intermittent stream, through a culvert or otherwise above ground;
B. The presence of contiguous hydric soil; or
C. The location of a water body within or contiguous to a one hundred-year floodplain of a wetland, stream or lake.
SECTION 39. Ordinance 10870, Section 165, as amended and K.C.C. 21A.06.625 are each hereby amended to read as follows:
Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean)) any nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools, areas which are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas and excluding landscaping, surface water flow control and water quality treatment facilities, access easements serving neighboring propert((y))ies and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County ((C))code requirements to site features over which the applicant has no control.
NEW SECTION. SECTION 40. There is added to K.C.C. 21A.06 a new section to read as follows:
Improved area. Improved area: for purposes of sensitive areas regulation, an area which has been disturbed or altered in accordance with law by mechanical or other human means and no longer exists in its natural vegetative state. An improved area may include, but is not limited to, an area cleared, graded, planted as lawn, constructed upon or otherwise developed.
NEW SECTION. SECTION 41. There is added to K.C.C. 21A.06 a new section to read as follows:
Lake. Lake: a naturally existing or artificially made permanent freshwater body of any size or depth including, but not limited to, a reservoir, pond or expanded part of a stream, bounded by an ordinary high water mark. A lake does not include a flow control or water quality treatment facility. A wetland may exist, in whole or in part, within the boundaries of a lake.
SECTION 42. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows:
Landslide hazard area((s)). Landslide hazard area((s)): ((those)) any area((s)) in King County subject to a moderate or severe risk((s)) of landslide((s)), ((including the following)) such as:
A. ((Any)) An area with a combination of:
1. Slopes steeper than ((15%)) fifteen percent;
2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and
3. Springs or ground water seepage;
B. ((Any)) An area which has shown movement during the Holocene epoch, from ((10,000)) ten thousand years ago to the present, or which is underlain by mass wastage debris from that epoch;
C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action;
D. ((Any)) An area which shows evidence of or is at risk from a snow avalanche((s)); or
E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments.
SECTION 43. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows:
Mitigation. Mitigation: ((the use of any or all of the following actions listed in descending order of preference:
A. Avoiding the impact by not taking a certain action;
B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and
F. Monitoring the impact and taking appropriate corrective measures)) measures used to eliminate, reduce or compensate for adverse impacts to or from sensitive areas resulting from a development proposal or alteration.
SECTION 44. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are hereby amended to read as follows:
Native vegetation. Native vegetation: vegetation comprised of plant species((, other than noxious weeds,)) which are indigenous to the ((coastal region of the Pacific Northwest)) Puget Sound region and which reasonably could ((have been)) be expected to naturally occur on the site.
SECTION 45. Ordinance 11555, Section 2, as amended and K.C.C. 21A.06.797 are each hereby amended to read as follows:
Net buildable area. ((A.)) Net buildable area: ((shall be)) ((t))The site area ((less the following areas)) not including:
A. ((1.)) Any ((A))area((s)) within a project site over sixty feet wide which ((are)) is required to be dedicated for a public right((s))-of-way ((in excess of sixty feet (60') in width));
((2.))B. Any ((S))sensitive area((s and their)) or buffer((s)), to the extent ((they are)) it is required by King County to remain undeveloped;
((3.))C. Any ((A))area((s)) required for ((storm water control)) a drainage facilit((ies))y other than a facilit((ies))y which ((are)) is completely underground((,)) including, but not limited to, ((retention/detention ponds)) a flow control facility, biofiltration swale((s)) and any setback((s)) from ((such ponds and)) the facility or swale((s));
((4.)) D. Any ((A))area((s)) required by King County to be dedicated or reserved as an on-site recreation area((s));
((5.))E. Any ((R))regional utility corridor((s)); and
((6.))F. Any ((O))other areas, excluding setbacks, required by King County to remain undeveloped.
SECTION 46. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows:
Noxious weed. Noxious weed: ((any)) a plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) listed on the state noxious weed list contained in WAC 16-750, regardless of the list's regional designation or classification.
SECTION 47. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each repealed.
NEW SECTION. SECTION 48. There is added to K.C.C. 21A.06 a new section to read as follows:
Rectification. Rectification: for purposes of sensitive areas regulation, an action which repairs an alteration to a sensitive area or buffer.
SECTION 49. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each repealed.
SECTION 50. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows:
Restoration. Restoration: for purposes of sensitive areas regulation, an action which return((ing))s a ((stream, wetland, other)) sensitive area or ((any associated)) buffer to a state in which its stability and functions approach its unaltered state as closely as possible.
NEW SECTION. SECTION 51. There is added to K.C.C. 21A.06 a new section to read as follows:
Roadway. Roadway: for purposes of sensitive areas regulation, the pavement width or proper driving portion of the road and shoulders within the outside limits of the constructed fill slopes, as illustrated. The improved portions of a road right-of-way ordinarily include the roadway, roadside ditch and cut or engineered slope.
SECTION 52. Ordinance 10870, Section 249 and K.C.C. 21A.06.1045 are each hereby amended to read as follows:
Seismic hazard area((s)). Seismic hazard area((s)): ((those)) any area((s)) in King County subject to severe risk of earthquake damage as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow groundwater table or of other seismically induced settlement.
SECTION 53. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby amended to read as follows:
Sensitive area((s)). Sensitive area((s)): A. ((any of those)) An area((s)) in King County which ((are)):
1. Is subject to a natural hazard((s or those);
2. Is a land feature((s)) which supports unique, fragile or valuable natural resources including ((fishes)), wildlife ((and)) or other organisms and their habitats ((and)); or
3. ((such)) Is a resource((s)) which carr((y))ies, holds or purif((y))ies water in ((their)) its natural state.
B. Sensitive areas include:
1. ((c))Coal mine hazard areas((,));
2. ((e))Erosion hazard areas((,));
3. ((f))Ffs24lood hazard areas((,));
4. ((l))Landslide hazards areas((,));
5. ((s))Seismic hazard areas((,));
6. ((s))Steep slope hazard areas((,));
7. ((s))Streams((,));
8. ((v))Volcanic hazard areas; and
9. ((w))Wetlands.
SECTION 54. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows:
Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) any area((s)) in King County on a slope((s)) ((40%)) forty percent or steeper within a vertical elevation change of at least ten feet. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. For the purpose of this definition:
A. The toe of a slope is a distinct topographic break in slope which separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) forty percent or steeper. Where no distinct break exists, the toe of a steep slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25))twenty-five feet; and
B. The top of a slope is a distinct((,)) topographic break in slope which separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) forty percent or steeper. Where no distinct break exists, the top of a steep slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25))twenty-five feet.
SECTION 55. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows:
Stream((s)). Stream((s)): A. ((those)) Any area((s)) in King County where surface water((s)) produces a ((defined)) channel or bed, not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel or bed, unless it is:
1. ((u))Used by salmonids; or
2. ((are)) ((u))Used to convey a stream((s)) which occurred naturally ((occurring)) prior to construction ((in such watercourses)) of the artificial channel or bed.
B. For the purpose of this definition((,)):
1. ((a))A ((defined)) channel or bed is an area which ((demonstrates clear)) shows evidence of the passage of water and includes, but is not limited to, a bedrock channel((s)), ((or)) a gravel ((beds)), sand ((and)) or silt bed((s and defined-channel))or a swale((s)). The channel or bed need not contain water year-round((.));
2. An artificial channel or bed used to convey a naturally-occurring stream includes, but is not limited to, the following ditched streams or stream segments:
a. a ditched segment which flows directly to or from a stream which is not ditched (FIG.1); and
b. a naturally-occurring stream which is substantially ditched (FIG.2);
3. The following artificial channels are not considered to convey naturally-occurring streams:
a. a ditch which connects to another ditch and has no origins in a naturally-occurring stream (FIG.3); and
b. a ditch which originates wholly from a constructed drainage system located on the property or on surrounding or nearby properties (FIG.4); and
4. The historical existence of a stream shall be determined by the department based on historic topographic maps or photographs or current topographic conditions showing crenellations, other physical evidence of defined drainage channels or beds or other credible documentary evidence. ((For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport:
A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
NEW SECTION. SECTION 56. There is added to K.C.C. 21A.06 a new section to read as follows:
Stream scientist. Stream scientist: a person who has earned at least a Bachelor degree in the fisheries sciences, stream ecology or related aquatic sciences from an accredited college or university and who has a minimum of five years relevant field work experience as a stream scientist or who has equivalent educational training and professional experience.
SECTION 57. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows:
Submerged land. Submerged land: any land at or below the ordinary high water mark of a stream, lake or tidal water.
SECTION 58. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows:
Substantial improvement. Substantial improvement: any maintenance, ((repair,)) structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50))fifty percent of the market value of the structure either before the maintenance, ((repair,)) modification or addition is started or before the damage occurred, if the structure has been damaged and is being restored. Work conducted to comply with health, sanitary or safety codes or on structures identified as historic resources in the King County Historic Resource Inventory is not included in this fifty-percent determination.
NEW SECTION. SECTION 59. There is added to K.C.C. 21A.06 a new section to read as follows:
Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. The elements of a surface water conveyance system include, but are not limited to, gutters, ditches, pipes, biofiltration swales and channels.
NEW SECTION. SECTION 60. There is added to K.C.C. 21A.06 a new section to read as follows:
Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point.
NEW SECTION. SECTION 61. There is added to K.C.C. 21A.06 a new section to read as follows:
Tributary drainage area. Tributary drainage area: the geographical area which drains to the development proposal site as identified in an off-site analysis done pursuant to the King County Surface Water Design Manual.
NEW SECTION. SECTION 62. There is added to K.C.C. 21A.06 a new section to read as follows:
Used by salmonids. Used by salmonids: for purposes of sensitive areas regulation, the presence of any salmonid species, anadromous or resident, during any life stage at any time of the year. If salmonid presence is unknown, any stream with a defined channel two feet or greater in width between the ordinary high water marks and with a gradient less than twenty percent shall be presumed to be used by salmonids unless rebutted as prescribed in Section 88 of this Ordinance.
NEW SECTION. SECTION 63. There is added to K.C.C. 21A.06 a new section to read as follows:
Utility corridor. Utility corridor: a narrow strip of land containing underground or aboveground utilities and the area necessary to maintain those utilities. The utility corridor is contained within and is a portion of any utility right-of-way or dedicated easement.
SECTION 64. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows:
Utility facility. Utility facility: a facility for the distribution or transmission of services to an area((;)) including, but not limited to:
A. Telephone exchanges;
B. Water pumping or treatment stations;
C. Electrical substations;
D. Water storage reservoirs or tanks;
E. Municipal groundwater well-fields;
F. Regional ((stormwater management)) flow control facilities((.));
G. Natural gas pipelines, gate stations and limiting stations;
H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users;
I. Sewer lift stations; and
J. Pipes, electrical wires and associated structural supports.
SECTION 65. Ordinance 12018, Section 1, and K.C.C. 21A.06.1352 are each amended to read as follows:
Vactor waste. Vactor waste: ((means)) liquid or solid waste material collected from catch basins((, retention/detention facilities)) or other constructed drainage ((pipes)) facilities.
SECTION 66. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows:
Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) any area((s)) in King County subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron Mudflow.
NEW SECTION. SECTION 67. There is added to K.C.C. 21A.06 a new section to read as follows:
Wetland, aquatic bed. Wetland, aquatic bed: a wetland vegetation class which is characterized by persistent standing water with rooted aquatic plants such as water lilies and pondweed which may or may not reach the surface of the water.
SECTION 68. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each repealed.
SECTION 69. Ordinance 10870, Section 319, as amended and K.C.C. 21A.06.139 5 are each hereby amended to read as follows:
Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) "Washington State Wetlands Identification and Delineation Manual," 1997, Department of Ecology.
NEW SECTION. SECTION 70. There is added to K.C.C. 21A.06 a new section to read as follows:
Wetland, emergent. Wetland, emergent: a wetland vegetation class which is characterized by nonwoody vegetation.
SECTION 71. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows:
Wetland, forested. Wetland, forested: a wetland vegetation class which is characterized by woody vegetation at least ((20))twenty feet tall.
SECTION 72. Ordinance 10870, Section 322, as amended and K.C.C. 21A.06.1410 are each hereby amended as follows:
Wetland, isolated. Wetland, isolated: a wetland which ((has a total size less than 2500 square feetexcluding buffers or, if within the Urban Area is less than 5000 square feet excluding buffers, which)) is not hydrologically ((isolated from other wetlands or streams,)) connected, ((or)) does not have permanent open water((,)) and is determined by the department to be of low function.
NEW SECTION. SECTION 73. There is added to K.C.C. 21A.06 a new section to read as follows:
Wetland scientist. Wetland scientist: a person who has earned at least a Bachelor of Science degree in the biological sciences from an accredited college or university and who has a minimum of five years field work experience as a wetland scientist or who has equivalent educational training and professional experience or who is certified as a professional wetland scientist by the Society of Wetland Scientists.
NEW SECTION. SECTION 74. There is added to K.C.C. 21A.06 a new section to read as follows:
Wetland, scrub-shrub. Wetland, scrub-shrub: a wetland vegetation class which is characterized by woody vegetation less than twenty feet tall.
SECTION 75. Ordinance 10870, Section 323, as amended and K.C.C. 21A.06.1415 are each hereby amended to read as follows:
Wetland((s)). Wetland((s)): ((those)) any area((s)) in King County which ((are)) is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. For the purpose of this definition:
A. Where the vegetation has been removed or substantially altered, the presence of a wetland shall be determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the "Washington State Wetlands Identification and Delineation Manual," 1997, Department of Ecology; ((Wetlands generally include swamps, marshes, bogs and similar areas, or artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking.))
B. A wetland may occur along the shoreline of tidal water, a lake, a stream or in a depression in the landscape. For any wetland occurring along a shoreline, the wetland's waterward boundary shall be where the water's depth exceeds six and six-tenths feet below low water or, if low water cannot be determined, six and six-tenths feet below the outlet's invert elevation; and
C. Except for artificial features intentionally made for the purpose of mitigation, a ((W))wetland((s do)) shall not include an artificial feature((s created)) made from a non((-))wetland area((s)) which may includ((ing))e, but is not limited to:
1. ((irrigation and drainage ditches,)) A surface water conveyance for drainage or irrigation;
2. A grass-lined swale((s ,));
3. A canal((s ,));
4. ((detention)) A flow control facilit((ies,))y;
5. A wastewater treatment facilit((ies,))y;
6. A farm pond((s and));
7. A wetpond;
8. ((l))Landscape amenities((,)); or
9. ((those)) A wetland((s created)) made after July 1, 1990((, that were)) which was unintentionally ((created)) made as a result of the construction of a road, street((,)) or highway.
((Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply:
A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.
Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed wetlands, emergent wetlands, forested wetlands and scrub-shrub wetlands. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area at least two thousand five hundred square feet in size or comprise at least thirty percent areal coverage of the entire wetland.
NEW SECTION. SECTION 77. There is added to K.C.C. 21A.06 a new section to read as follows:
Wildlife. Wildlife: birds, fish and animals, other than humans, which are not domesticated and are considered to be wild.
SECTION 78. Ordinance 10870, Section 342, and K.C.C. 21A.12.050 are each hereby amended to read as follows:
Measurement methods. The following provisions shall be used to determine compliance with this title:
A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150;
B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle;
C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms;
D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and
E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities.
SECTION 79. Ordinance 10870, Section 378, as amended and K.C.C. 21A.14.180 are each hereby amended to read as follows:
On-site recreation - ((S))space required. A. Residential developments if more than four units in the UR and R zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area if more than four units and mixed use developments if more than four units, shall provide recreation space for leisure, play and sport activities, as follows:
1. Residential subdivision and townhouses developed at a density of eight units or less per acre - ((390))three hundred ninety square feet per unit;
2. Mobile home park - ((260))two hundred sixty square feet per unit; and
3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use:
a. Studio and one bedroom - ((90))ninety square feet per unit;
b. Two bedroom - ((130))one hundred thrity square feet per unit; and
c. Three or more bedroom - ((170))one hundred seventy square feet per unit;
B. Any recreation space located outdoors shall:
1. Be of a grade and surface suitable for recreation;
2. Be on the site of the proposed development;
3. Have no dimensions less than ((20))twenty feet (except trail segments);
4. In single detached or townhouse subdivision when the required outdoor recreation space, exceeds ((5000))five thousand feet the space shall have a street, roadway or parking area frontage along ((10))ten percent or more of the recreation space perimeter (except trail segments);
5. Be accessible and convenient to all residents within the development; and
6. Be accessible by trail or walkway to any existing or planned community park, public open space or trail system, which may be located on adjoining property.
C. Indoor recreation areas may be credited towards the total recreation space requirement, when the county determines that such areas are located, designed and improved in a manner which provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas.
D. Stormwater runoff tracts may be credited for up to ((50%)) fifty percent of the on-site recreation space requirement, subject to the following criteria((;)):
1. The stormwater runoff tract is dedicated or reserved as a part of a recreation space tract;
2. The ((detention pond)) drainage facility shall be constructed to meet the following conditions:
a. The side slope of the ((stormwater)) drainage facilit((ies))y shall not exceed ((33%)) thirty-three percent unless the slope((s are)) is existing, natural and covered with vegetation;
b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard;
c. The ((stormwater)) drainage facilit((ies))y shall be landscaped in a manner to enhance passive recreation opportunities such as trails and aesthetic viewing; and
d. The ((stormwater)) drainage facilit((ies))y shall be designed so ((they do)) it does not require fencing pursuant to the Surface Water Design Manual((.)); and
3. In the case of joint use of the tract for ((stormwater)) a drainage facilit((ies))y and recreation space, the King County department of ((public works)) natural resources shall be responsible for maintenance of the ((stormwater)) drainage ((facilities only)) facility and will require an access easement for that purpose.
SECTION 80 . Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Washington ((S))state Environmental Policy Act, ((RCW))chapter 43.21C RCW, the Growth Management Act, chapter 36.70A RCW, and the King County Comprehensive Plan which call for protection of the natural environment and the public health and safety by:
A. Establishing development standards to protect defined sensitive areas;
B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslide((s)), a seismic ((and)) or volcanic event((s)), soil subsidence or steep slope failure((s));
C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, wildlife, ((and its)) wildlife habitat and species diversity;
D. Requiring mitigation of unavoidable impacts on environmentally sensitive areas by regulating alterations in or near sensitive areas;
E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and streams;
F. Measuring the quantity and quality of wetland and stream resources and preventing overall net loss of wetland and stream functions;
G. Protecting the public trust as to navigable waters and aquatic resources;
H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits;
I. Alerting members of the general public ((including, but not limited to, appraisers, owners, potential buyers or lessees)) to the development limitations of sensitive areas; and
J. Providing county officials with sufficient information to protect sensitive areas.
SECTION 81. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows:
Appeals. Any decision to approve, condition or deny a development proposal based on the requirements of K.C.C. chapter 21A.24 may be appealed according to and as part of the appeal procedure for the permit or approval involved unless otherwise provided in K.C.C. 20.20.020.
SECTION 82. Ordinance 10870, Section 452, as amended and K.C.C. 21A.24.050 are each hereby amended to read as follows:
((Complete exemptions. The following are exempt from the provisions of this chapter and any administrative rules promulgated thereunder:
A. Alterations in response to emergencies which threaten the public health, safety and welfare or which pose an imminent risk of damage to private property as long as any alteration undertaken pursuant to this subsection is reported to the department immediately. The director shall confirm that an emergency exists and determine what, if any, mitigation shall be required to protect the health, safety, welfare and environment and to repair any resource damage;
B. Agricultural activities in as described below, in existence before November 27, 1990, and performed not less often than once every five years thereafter:
1. Mowing of hay, grass or grain crops;
2. Tilling, discing, planting, seeding, harvesting, soil preparation, crop rotation and related activities for pasture, food crops, grass seed or sod if such activities do not take place on steep slopes;
3. Normal and routine maintenance of existing irrigation and drainage ditches not used by salmonids;
4. Normal and routine maintenance of farm ponds, fish ponds, manure lagoons and livestock watering ponds; and
5. grazing by livestock.
C. Public water, electric and natural gas distribution, public sewer collection, cable communications, telephone utility and related activities undertaken pursuant to county-approved best management practices, as follows:
1. Normal and routine maintenance or repair of existing utility structures or rights-of-way;
2. Relocation of electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less, only when required by a local governmental agency which approves the new location of the facilities;
3. Replacement, operation, repair, modification or installation or construction in existing, developed utility corridors, an improved county road right-of-way or county authorized privateroadway of all electric facilities, lines, equipment or appurtenances, not including substations;
4. Relocation of public sewer local collection, public water local distribution, natural gas, cable communication or telephone facilities, lines, pipes, mains, equipment or appurtenances, only when required by a local governmental agency which approves the new location of the facilities;
5. Replacement, operation, repair, modification, installation or construction of public sewer local collection, public water local distribution, natural gas, cable communication or telephone facilities, lines, pipes, mains, equipment or appurtenances when such facilities are located within an improved public right-of-way or county authorized private roadway;
D. Maintenance, operation, repair, modification or replacement of publicly improved roadways as long as any such alteration does not involve the expansion of roadways or related improvements into previously unimproved rights-of-way or portions of rights-of-way;
E. Maintenance, operation or repair of publicly improved recreation areas as long as any such alteration does not involve the expansion of improvements into previously unimproved recreation areas;
F. Public agency development proposals only to the extent of any construction contract awarded before November 27, 1990, provided that any law or regulation in effect at the time of such award shall apply to the proposal; and
G. All clearing and grading activities which are exempt from the requirement for a clearing and grading permit as specified in K.C.C. 16.82.050, unless these activities require other permits or authorizations as specified in K.C.C. 21A.24.020. H. The following exempt activities are permitted in coal mine hazard areas, provided that the applicable landowner, operator or utility is made aware of potential hazards:
1. Forest practices;
2. Agricultural activities;
3. Mining activities;
4. Power, telephone, and cable television utility lines;
5. Grading, filling, stockpile removal, and reclamation activities performed in conjunction with or by the Department of Interior's Office of Surface Mining, Reclamation and Enforcement with the intent of eliminating or mitigating threats to human health, public safety, environmental restoration or protection of property; and
6. Land uses and activities that existed prior to the effective date of this ordinance.))
Exemptions. A. The following are exempt from the provisions of this chapter and any administrative rules promulgated thereunder:
1. clearing in coal mine, volcanic, seismic or flood hazard areas;
2. clearing in a roadway if the clearing does not involve the use of herbicides or other hazardous substances in steep slope, erosion or landslide hazard areas, streams, wetlands or their buffers and if the clearing is in compliance with any applicable ditch standards set forth in K.C.C. 21A.24.370 and administrative rules promulgated thereunder. This exemption shall not apply to clearing of streams which are used by salmonids or their buffers;
3. removal of noxious weeds except that in steep slope, erosion or landslide hazard areas, streams, wetlands or their buffers, noxious weed removal is exempt only if:
a. it is undertaken with hand labor and light equipment and without the use of herbicides or other hazardous substances; and
b. the cleared area is stabilized against erosion and is revegetated with native vegetation;
4. grading in volcanic, seismic, coal mine or erosion hazard areas or in channel migration areas, as follows:
a. within a public road right-of-way except for installation of gas, water, sewer or other pipelines within a coal mine hazard area; or
b. out of a public road right-of-way if:
(1) the excavation is less than five feet in vertical depth and does not involve more than one hundred cubic yards of earth or other material on a single site. This exemption shall not apply to for excavation within a tract or easement for a wildlife habitat corridor pursuant to K.C.C. chapter 21A.14, unless the excavation is exempt under another provision of this section; and
(2) the fill is less than three feet in vertical depth and does not involve more than one hundred cubic yards of earth or other material on a single site. This exemption shall not apply to fill within a tract or easement for a wildlife habitat corridor pursuant to K.C.C. chapter 21A.14, unless the fill is exempt under another provision of this section;
5. grading, filling, stockpile removal, and reclamation activities in a coal mine hazard area if performed in conjunction with or by the Department of Interior's Office of Surface Mining, Reclamation and Enforcement with the intent of eliminating or mitigating threats to human health, public safety, environmental restoration or protection of property;
6. grading in a roadway located in a landslide hazard area, except for:
a. excavation for roadway replacement; or
b. excavation for the installation, construction or replacement of underground utilities;
7. grading in a roadway located in a steep slope hazard area or the buffer of a steep slope hazard area, wetland or stream. This exemption shall only apply in the paved width or proper driving portion of the road and shoulders in the buffer of any stream which is used by salmonids;
8. fish habitat enhancement projects meeting the criteria set forth in RCW 75.20.350 and approved pursuant to that section;
9. minor stream or wetland restoration by or sponsored by a public agency which has natural resource management as its primary function or a federally recognized tribe if:
a. the wetland restoration is limited to revegetation of the wetland or its buffer with native vegetation and the removal of noxious weeds;
b. the stream restoration is limited to placement of weirs, log controls, spawning gravel, woody debris or other specific salmonid habitat improvements in the stream, revegetation of the stream buffer with native vegetation and the removal of noxious weeds;
c. the restoration only involves the use of hand labor and light equipment. Helicopters or cranes may be used if they have no contact with or otherwise disturb the sensitive area or its buffer unless the contact or disturbance is otherwise allowed by law;
d. the restoration does not involve the use of herbicides, pesticides or other hazardous substances except for organic or mineral-derived fertilizers;
e. the restoration is not part of a mitigation plan associated with another development proposal and is not corrective action associated with a violation; and
f. the restoration results in a net improvement of the stream or wetland system;
10. scientific sampling for salmonids pursuant to an approved Washington department of fish and wildlife scientific sampling permit;
11. depositing or covering garbage, rubbish or other material at any solid waste facility operated by King County;
12. excavation of cemetery graves;
13. clearing or grading which is performed as a Class I, II, III or IV Special forest practice in the F (forest) zone and which is conducted in accordance with RCW 76.09 and WAC 222;
14. clearing or grading which is performed as a Class II, III or IV Special forest practice outside the F (forest) zone if the clearing and grading occurs on a site which meets all of the following criteria for long term forestry:
a. the site is enrolled in the current use taxation program as timber land pursuant to RCW 84.34 or as forest land pursuant to RCW 84.33;
b. a long-term management plan is approved for the site by the Washington department of natural resources;
c. the site is located within an area designated rural or agricultural by the King County comprehensive plan or applicable community plan;
d. the site is located outside of expansion areas for incorporated rural cities or rural towns and neighborhoods as designated in the King County comprehensive plan or applicable community plan; and
e. the site equals or exceeds five acres in size;
15. emergency tree removal to prevent imminent danger to persons or property except in steep slope or landslide hazard areas, wetlands, streams or their buffers where emergency tree removal may only be undertaken pursuant to and in compliance with K.C.C. 21A.24.060;
16. the following horticultural and agricultural activities. To be exempt, the activities listed in subsections a - g must have been in continuous existence since at least November 27, 1990 and must be in compliance with ditch standards set forth in K.C.C. 21A.24.370 and administrative rules promulgated thereunder. For the purpose of this subsection, "continuous existence" shall include cyclical operations normally associated with these horticultural and agricultural activities. Any expansion of these activities in steep slope or landslide hazard areas, wetlands, streams or their buffers shall not be exempt under this subsection:
a. mowing hay, grass or grain crops;
b. tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activities for pasture, crops, grass seed or sod. This exemption shall not apply in steep slope or landslide hazard areas;
c. grazing livestock if in compliance with livestock standards set forth in K.C.C. 21A.24.320 and 21A.24.360 and any administrative rules promulgated thereunder;
d. commercial orchards;
e. nurseries except in steep slope or landslide hazard areas;
f. hybrid poplar tree farms;
g. Christmas tree farms; and
h. the conversion back and forth among any of the activities exempted in subsections a - g as long as the conversion does not result in increased adverse impacts to wetlands, streams or other sensitive areas;
17. grading in coal mine, volcanic, seismic or erosion hazard areas, the flood fringe and channel migration areas for construction or removal of livestock manure storage facilities or associated nonpoint source pollution facilities designed to the standards of and approved in a conservation plan by the King Conservation District and constructed and maintained to those standards. Grading under this subsection in the flood fringe shall be exempt only if the facility is flood-proofed to the flood protection elevation as defined in K.C.C. chapter 21A.06; and
18. the following normal and routine maintenance activities if the structure, condition or site maintained was constructed or created in accordance with law, if the maintenance does not involve the use of herbicides or other hazardous substances in steep slope, erosion or landslide hazard areas, streams, wetlands or their buffers, if the maintenance is in compliance with ditch standards set forth in K.C.C. 21A.24.370 and administrative rules promulgated thereunder and if the maintenance does not involve any expansion of the roadway, lawn, landscaping, ditch, culvert, engineered slope or other improved area being maintained:
a. maintenance of cemetery graves;
b. maintenance of lawns and landscaping;
c. maintenance of driveways or private access roads;
d. maintenance of outdoor public park facilities and public park areas and trails and public and private golf courses;
e. the following maintenance activities in a public road right-of-way by a public or private utility or by a public agency:
(1) roadside ditch maintenance. This exemption shall not apply to any stream which is used by salmonids or its buffer;
(2) culvert maintenance. If the culvert is used by salmonids or conveys a stream used by salmonids, maintenance shall be limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged stream bank or bed immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet;
(3) maintenance of cut or engineered slopes if the maintenance is limited to vegetation maintenance and erosion control and does not involve slope stabilization; and
(4) maintenance of flood control or other drainage facilities maintained by a public agency. This exemption shall not apply to any stream or wetland which is used by salmonids or its buffer; and
f. the following maintenance activities associated with agriculture or horticulture in continuous existence since at least November 27, 1990. For the purpose of this subsection, "continuous existence" shall include cyclical operations normally associated with agriculture or horticulture:
(1) agricultural ditch maintenance if the maintenance is in compliance with the following ditch maintenance standards. This exception shall not apply to any stream which is used by salmonids or its buffer:
(a) all maintenance activities shall occur during periods of low water flow, ordinarily between July 15 and September 15;
(b) excavation shall be in a direction from the upstream portion of the ditch to the downstream portion with the upstream edge of the excavation not exceeding a final grade of six inches drop for every ten feet;
(c) the width, depth and side slopes of the ditch shall be configured in compliance with requirements determined for the site conditions by the U.S. National Resources Conservation Service and the King Conservation District;
(d) measures to control erosion shall be taken including, but not limited to, retaining existing vegetation on side slopes to the extent possible, retaining existing vegetation alongside the ditch to filter field runoff, reseeding any exposed soils alongside the ditch, placing and maintaining a permanent filter downstream of the maintenance project in compliance with the King County Erosion and Sedimentation Control Standards and placing and maintaining a silt fence or other similar device in all ditches adjacent to streams used by salmonids to protect downstream salmonids from erosion; and
(e) dredge spoils taken from a ditch shall not be placed within a sensitive area or its buffer except that they may be spread evenly in a thin layer across an agricultural field in current use. Dredge spoils shall otherwise be immediately removed to an off-site legal disposal area. Temporary stockpiles of dredge spoils may remain on a field for up to nine months if they are covered, seeded or silt-fenced to control erosion and are not within a flood hazard area. No part of any spoils shall be placed within 25 feet of any wetland, stream or other waterbody;
(2) culvert maintenance. If the culvert is used by salmonids or conveys a stream used by salmonids, the maintenance shall be limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged stream bank or bed immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet; and
(3) maintenance of farm ponds, fish ponds, livestock watering ponds and manure storage facilities.
B. The following are exempt from the provisions of this chapter and any administrative rules promulgated thereunder except for notice on title and flood hazard area provisions:
1. replacement or structural modification of or addition to structures, as described below:
a. any structure, except for a single detached dwelling unit, in existence before November 27, 1990 which does not meet the building setback or buffer requirements for wetlands, streams or steep slope hazard areas if the replacement, modification or addition does not increase the existing footprint of the structure lying within the building setback area or buffer, and no portion of the replacement, modification or addition is located closer to the sensitive area or, if the existing structure is in the sensitive area, extends farther into the sensitive area; and
b. any habitable single detached dwelling unit in existence before November 27, 1990 which does not meet the building setback or buffer requirements for wetlands or streams if the replacement, modification or addition does not increase the existing footprint of the dwelling unit lying within the building setback area or buffer by more than 1,000 square feet over that existing before November 27, 1990, and no portion of the replacement, modification or addition is located closer to the sensitive area or, if the existing dwelling unit is in the sensitive area, extends farther into the sensitive area. For the purpose of this subsection, a dwelling unit shall be considered "habitable" if it was habitable at least 12 months prior to the replacement, modification or addition and was since rendered not habitable as a result of fire, flood or other natural catastrophic event; and
2. maintenance of any structure in existence before November 27, 1990 which does not meet the requirements for coal mine, seismic or steep slope hazard areas or maintenance of any structure which does not meet the requirements for volcanic hazard areas if:
a. the maintenance does not involve any expansion of the structure; and
b. for any structure which does not meet the requirements for coal mine, seismic or steep slope hazard areas, the maintenance does not include foundation replacement, other than as part of floodproofing.
C. Alterations to or affecting wetlands which are not class 1, 2 or 3 wetlands pursuant to Section 111 of this Ordinance are exempt from the wetland provisions of this chapter and any administrative rules promulgated thereunder. If the alteration is in or affects other sensitive areas, it shall be subject to the requirements of this chapter applicable to such other sensitive areas.
SECTION 83. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby amended to read as follows:
((Partial exemptions. A. The following are exempt from the provisions of this chapter and any administrative rules promulgated thereunder, except for the notice on title provisions, K.C.C. 21A.24.170 - 21A.24.180, and the flood hazard area provisions, K.C.C. 21A.24.230 - 21A.24.270:
1. Structural modification of, addition to or replacement of structures, except single detached residences, in existence before November 27, 1990 which do not meet the building setback or buffer requirements for wetlands, streams or steep slope hazard areas if the modification, addition, replacement or related activity does not increase the existing footprint of the structure lying within the above-described building setback area, sensitive area or buffer;
2. Structural modification of, addition to or replacement of single detached residences in existence before November 27, 1990 which do not meet the building setback or buffer requirements for wetlands, streams or steep slope hazard areas if the modification, addition,replacement or related activity does not increase the existing footprint of the residence lying within the above-described buffer or building setback area by more than 1000 square feet over that existing before November 27, 1990 and no portion of the modification, addition or replacement is located closer to the sensitive area or, if the existing residence is in the sensitive area, extends farther into the sensitive area; and
3. Maintenance or repair of structures which do not meet the development standards of this chapter for coal mine, landslide seismic or volcanic hazard areas if the maintenance or repair does not increase the footprint of the structure and there is no increased risk to life or property as a result of the proposed maintenance or repair;
B. The grazing of livestock is exempt from the provisions of this chapter and any administrative rules promulgated thereunder, except for the livestock restriction provisions, K.C.C. 21A.24.320 and 21A.24.360, and any animal density limitations established by law, if the grazing activity was in existence before November 27, 1990;
C. A permit or approval sought as part of a development proposal for which multiple permits are required is exempt from the provisions of this chapter and any administrative rules promulgated thereunder, except for the notice on title provisions, K.C.C. 21A.24.170 - 21A.24.180, if:
1. King County previously reviewed all sensitive areas on the site;
2. there is no material change in the development proposal since the prior review;
3. There is no new information available which is important to any sensitive area review of the site or particular sensitive area;
4. The permit or approval under which the prior review was conducted has not expired or, if no expiration date, no more than five years lapsed since the issuance of that permit or approval; and
5. The prior permit or approval, including any conditions, has been complied with.))
Emergency Actions. Unless otherwise provided, alterations of sensitive areas constituting emergency actions may be undertaken, and noncompliance with the requirements of this chapter and administrative rules promulgated thereunder at the time of the alteration shall not constitute a violation, if the following requirements are complied with:
A. The department shall be notified prior to the alteration or, if prior notification is not possible, no later than 48 hours after the alteration. Within 48 hours of receiving the emergency notification, excluding weekends and holidays, a pre-application conference shall be scheduled to occur within the following 30 days. Tribal notice, when required by K.C.C. 21A.01.025, shall also be provided;
B. The department shall confirm, in a written decision, that the alteration was an emergency action, including that:
1. there was imminent danger or risk to the public health, safety and welfare or to persons or property;
2. the emergency was unanticipated and not caused by the inaction or action of the applicant;
3. immediate emergency action was necessary; and
5. the emergency action was in direct response to and did not exceed the dangers and risks posed by the emergency;
C. All decisions made pursuant to the section shall be compiled by the director and made available for public inspection;
D. If the emergency action includes bank stabilization or other protective measures designed to prevent bank erosion within a channel migration area, the stabilization or other protective measures shall not exceed that allowed in K.C.C. 21A.24.275;
E. At the pre-application conference, the department shall establish the date by which all required permit applications and other materials or information, including a sensitive area report, shall be submitted;
F. Corrective action, as determined by the department, shall be completed in compliance with the corrective action requirements of this chapter for any alterations made during the emergency that are not in compliance with the requirements of Chapter 21A.24; and
G. Mitigation, as determined by the department, shall be completed in compliance with the mitigation requirements of this chapter.
SECTION 84. Ordinance 10870, Section 454, as amended and K.C.C. 21A.24.070 are each hereby amended to read as follows:
Reasonable use ((E))exception((s)). ((A. If the application of this chapter would prohibit a development proposal by a public agency and utility, the agency or utility may apply for an exception pursuant to this subsection:
1. the public agency or utility shall apply to the department and shall make available to the department other related project documents such as permit applications to other agencies, special studies and SEPA documents.
2. the department shall review the application based on the following criteria:
a. there is no other practical alternative to the proposed development with less impact on the sensitive area; and
b. the proposal minimizes the impact on sensitive areas.
3. the department shall process exceptions, provide public notice, and provide opportunity for the public to request a public hearing, and provide an appeal process consistent with the provisions of K.C.C. 20.20.
4. this exception shall not allow the use of the following sensitive areas for regional stormwater management facilities except where there is a clear showing that the facility will protect public health and safety or repair damaged natural resources:
a. class 1 streams or buffers;
b. class 1 wetlands or buffers with plant associations of infrequent occurrence; or
c. class 1 or 2 wetlands or buffers which provide critical or outstanding habitat for herons, raptors or state or federal designated endangered or threatened species unless clearly demonstrated by the applicant that there will be no impact on such habitat.
B.)) If the application of this chapter would deny all reasonable use of the property, ((the applicant may apply for an exception pursuant to this subsection)) an exception may be granted by the department to allow reasonable use of the property consistent with the following:
((1.))A. The applicant may apply to the department for a reasonable use exception without first ((having applied)) applying for a variance or modification if the requested exception includes relief from standards for which a variance or modification cannot be granted or cannot satisfy the variance or modification criteria ((pursuant to the provisions of)) set forth in K.C.C. ((chapter)) 21A.24.075 and K.C.C. 21A.44.030; ((The applicant shall apply to the department, and))
B. Any authorized alteration of a sensitive area or buffer under this section shall be subject to conditions established by the department including, but not limited to, mitigation;
C. ((t))The department, in consultation with the office of the prosecuting attorney, shall make a final decision on the application ((based on)) consistent with the following ((criteria)):
1. the decision shall be in writing and shall include:
a. the director's determination consistent with the criteria set forth in K.C.C. 21A.24.070C.2;
b. the facts and conclusions supporting each criterion set forth in K.C.C. 21A.24.070C.2; and
c. any required mitigation, conditions or limitations imposed, if the exception is approved; and
2. no exception shall be granted unless the director first determines, in writing, that:
a. the application of this chapter would deny all reasonable use of the property;
b. there is no other reasonable use with less adverse impact on the sensitive area or buffer;
c. the proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; and
d. any authorized alteration((s permitted)) to the sensitive area or buffer ((shall be)) is the minimum necessary to allow for reasonable use of the property; ((and any authorized alteration of a sensitive area under this subsection shall be subject to conditions established by the department including, but not limited to, mitigation under an approved mitigation plan.))
D. All notices pertaining to the exception shall be in compliance with the provisions of K.C.C. 20.20.060. In addition, all decisions made pursuant to this section shall be compiled by the director and made available for public inspection; and
E. The decision may be appealed pursuant to K.C.C. 20.20.020.
SECTION 85. Ordinance 11621, Section 70, and K.C.C. 21A.24.075 are each hereby amended to read as follows:
Modification ((or waiver)) of sensitive area requirements ((- urban lots)). ((The purpose of this section is to provide an alternative to the variance, and exception processes for minor development. A further purpose of this section is to minimize impacts to sensitive areas by allowing minor modifications of the zoning code which allow single family residences on existing, legal urban lots without requiring a variance or exception.)) A. The director shall have the discretion to modify ((or waive some or all of the)) sensitive area requirements ((of this title, including mitigation requirements, pertaining to Class 3 wetlands, Class 3 streams, and their associated buffers or building setback areas in accordance with the provisions of this section.)) as prescribed in this section. No modification authorized in K.C.C. 21A.24.075B shall be granted unless the director first determines, in writing, that:
1. There is no practical alternative to the proposed development with less adverse impact on the sensitive area;
2. The development proposal is consistent with the following development hierarchy which prescribes the order in which property shall be developed to minimize or avoid alterations to sensitive areas or their buffers:
a. property which is not a sensitive area or buffer;
b. property which is a sensitive area buffer;
c. property which is a sensitive area; and
3. he development proposal includes on-site, in-subbasin mitigation of impacts to streams, wetlands and their buffers to the maximum extent practical and, with approved mitigation, the development proposal minimizes adverse impacts upon sensitive areas and neighboring properties including, but not limited to:
a. adverse impacts to salmonids and their habitat;
b. adverse impacts to drainage capabilities; and
c. adverse impacts of increased flood, erosion and landslide hazards resulting from alterations to the sensitive area.
B. Only the following sensitive area requirements may be modified by the director under this section:
1. Requirements pertaining to steep slope hazard areas, their buffers and building setback areas if the steep slope is two thousand five hundred square feet or less, as measured on a topographic map which is included as part of the site plan;
2. Requirements pertaining to steep slope hazard areas, their buffers and building setback areas which are located on or adjacent to lots under fifteen thousand square feet which were created before November 27, 1990, if the director finds, in writing, that:
a. the alteration is the minimum necessary to accommodate the building footprint and access which, together, shall not exceed five thousand square feet; and
b. access is located to have the least adverse impact upon the steep slope hazard area, buffer or building setback area;
3. Requirements pertaining to class 3 wetlands and streams and the buffers and building setback areas of all classes of wetlands and streams which are located on or adjacent to lots under fifteen thousand square feet which were created before November 27, 1990, if the director finds, in writing, that:
a. the alteration is the minimum necessary to accommodate the building footprint and access which, together, shall not exceed five thousand square feet; and
b. access is located to have the least adverse impact upon the wetland, stream, buffer or building setback area;
4. Requirements pertaining to the buffers and building setback areas of class 2 or 3 wetlands which do not have a forested wetland vegetation class and which are located along lake shorelines for lots created prior to November 27, 1990 if the director finds, in writing, that:
a. at least seventy-five percent of the lots abutting the shoreline or seventy-five percent of the lake frontage, whichever constitutes the most lake frontage, has been developed with dwelling units;
b. the wetland is not used as a salmonid spawning area;
c. no functional buffer or wetland vegetation remains upon the lot for which the modification is sought, and the absence of vegetation is not the result of any illegal action;
d. the alteration is the minimum necessary to accommodate the building footprint and access which, together, shall not exceed five thousand square feet;
e. access is located to have the least adverse impact upon the wetland; and
f. any significant biologic or hydrologic feature of the wetland will not be adversely affected;
5. Requirements pertaining to class 2 streams not used by salmonids, class 3 streams and class 3 wetlands which are not used as salmonid rearing or spawning areas and their buffers and building setback areas, to be developed as regional flow control facilities by public agencies, if the director finds, in writing, that:
a. the facility will protect the public health and safety or repair damaged resources;
b. the facility will not alter the classification or the factors used in classifying the wetland or stream;
c. access is located to have the least adverse impact upon the wetland or stream; and
d. the proposal is consistent with chapter 14, "Wetland and Stormwater Management Guidelines," of the Final Report of the Puget Sound Wetlands and Stormwater Management Research Program, 1997;
6. Requirements pertaining to wetland and stream buffers and building setback areas to be developed as non-regional flow control facilities by public agencies or public or private utilities; and
7. Requirements pertaining to development proposals or other alterations, other than flow control facilities, by public agencies or public or private utilities.
((A. An applicant may request a modification or waiver of sensitive area requirements pursuant to this section provided the lot or lots are located in an urban area designated in the King County Comprehensive Plan; and))
C. The director:
1. Shall not modify mitigation requirements except as necessary for alterations made pursuant to K.C.C. 21A.24.075B.1-4; and
2. Shall have the discretion to make minor modifications to other zoning code development standards and road standards, the latter as approved by the county road engineer, only in order to satisfy the development hierarchy set forth in K.C.C. 21A.24.075A.2;
((B.)) D. ((The)) An applicant for ((the)) a modification of sensitive area requirements pursuant to this section shall submit a((ny)) sensitive area ((special studies)) report, as required by K.C.C. 21A.24.110, following a preapplication ((review meeting)) conference ((as required under 21A.24.110 as well as such other documents or studies, as requested by the director)).
((C. The director may grant a modification or waiver of sensitive area requirements provided:
1. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the building footprint exceed 5000 square feet, including access,
2. Access is located so as to have the least impact on the sensitive area and its buffer,
3. The proposal preserves the functions and values of wetlands and streams to the maximum extent possible,
4. Adverse impacts resulting from alterations of steep slopes are minimized,
5. The proposal includes on-site mitigation to the maximum extent possible,
6. The proposal will not significantly affect drainage capabilities, flood potential, and steep slopes and landslide hazards either on neighboring properties or on the proposal itself; and
7. The proposal first develops nonsensitive area land, then the sensitive area buffer before the sensitive area itself is developed.))
((The director may require on-site or off-site mitigation measures to compensate for the loss of the functions and values of the sensitive areas and may impose mitigating conditions to the modification or waiver in order to meet the standards of this subsection C.
((D. Where a modification or waiver of sensitive area requirements under this section is proposed, the director shall give written mailed notice of the proposed modification or waiver to all owners of property located within three hundred feet of any boundary of the subject property and to the water and land resources division and shall allow fifteen calendar days for comment before making a decision.))
E. The decision of the ((department)) director ((regarding the modification or waiver shall be mailed to the applicant and to any other person who requests a copy. The decision shall state the reasons for denial or any required mitigation or other conditions imposed.)) shall be in writing and shall include:
1. The director's determination, consistent with the decision-making standards set forth in subsections A and B;
2. A separate statement for each standard required to be met, containing a specific finding that the standard is satisfied and all facts and conclusions supporting that finding; and
3. Any required mitigation, conditions or limitations imposed, if the modification is approved.
F. All notices pertaining to the modification shall be in compliance with the provisions of K.C.C. 20.20.060. In addition, all decisions made pursuant to this section shall be compiled by the director and made available for public inspection.
G. The decision ((of the director regarding the modification or waiver)) may be appealed ((per)) pursuant to ((K.C.C. 21A.24.030)) K.C.C. 20.20.020.
((E. This section shall not apply to the following steep slope hazard areas:
1. steep slope hazard areas that are unmitigatable landslide hazard areas; and
2. steep slope hazard areas of slope greater than seventy percent where either the lot or slope are abutting and above a Class 1 or 2 wetland stream, and associated buffer, or an open stormwater conveyance system.))
SECTION 86. Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080 are each hereby amended to read as follows: Sensitive area maps and inventories. ((A.)) The distribution of many environmentally sensitive areas in western King County is displayed on maps in the Sensitive Areas Map Folio and in the county Geographical Information System ("GIS"). Many of the wetlands are inventoried and rated and that information is published in the King County Wetlands Inventory Notebooks. Many flood hazard areas are mapped by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for King County." If there is a conflict among the maps, GIS, inventory and site-specific features, the department ((of development and environmental services)) shall verify the actual presence or absence of the features defined in this title as sensitive areas. ((The determination may be challenged by the property owner.))
NEW SECTION. SECTION 87. There is added to K.C.C. 21A.24 a new section to read as follows:
Review of sensitive area designation. A. An applicant may seek review of a sensitive area designation, without seeking a permit for a development proposal, by filing a request for review with the department. Review may be sought regardless of whether the sensitive area is mapped or inventoried. The review shall be limited to the following determinations and shall not include any evaluation or interpretation of the applicability of sensitive area standards to future development proposals:
1. The existence of a sensitive area on specific property; or
2. The classification of any stream, wetland or channel migration area.
B. The department's determination as to the existence or classification of a sensitive area shall be effective for five years and may be used in future applications for permits or approvals unless the department determines that changes have occurred to the sensitive area which affect its designation or to the laws governing the existence or classification of the sensitive area.
NEW SECTION. SECTION 88. There is added to K.C.C. 21A.24 a new section to read as follows:
Salmonid use - rebuttal of presumption. The presumption in Section 62 of this Ordinance and K.C.C. 16.82.020 that a stream is used by salmonids may be rebutted by:
A. Documenting a lawful blockage which prevents salmonids from entering a stream or portion thereof, and the stream has no known resident salmonids present; or
B. Subject to the conditions of any Washington Department of Fish and Wildlife scientific sampling permit, sampling carried out by trapping or electrofishing the stream
or other applicable water body during the high flow period from January 1 through March 31 which shows that salmonids are not present. The department may require a second sampling if it determines that conditions, such as flooding or other circumstances, impaired the accuracy of the first sampling.
SECTION 89. Ordinance 10870, Section 457, and K.C.C. 21A.24.100 are each hereby amended to read as follows:
Sensitive area review. A. Except as provided in K.C.C. 21A.24.100C, ((King County)) the department shall perform a sensitive area review for any ((King County)) development proposal ((permit application or other request for permission to proceed with an alteration)) on a site which includes a sensitive area or is within ((an identified)) a sensitive area buffer or building setback area.
B. ((As part of the sensitive area review, King County shall)) Sensitive area review shall consist of:
1. Determin((e))ing whether any sensitive area exists on the property and confirming its nature and type;
2. Determin((e))ing whether a sensitive area ((special study)) report is required;
3. Evaluat((e))ing the sensitive area ((special study)) report and any other information available which relates to the sensitive area and confirming its findings;
((4. Determine whether the development proposal is consistent with this chapter;
5.)) 4. Determin((e))ing whether any proposed alteration to the sensitive area or buffer is necessary; ((and))
5. Determining whether the proposed alteration or development proposal is in compliance with this chapter;
6. Determin((e))ing if the mitigation ((and monitoring)) plan((s)) and ((bonding measures)) financial guarantees proposed by the applicant are sufficient to protect the public health, safety and welfare, consistent with the ((goals,)) purpose((s, objectives)) and requirements of this chapter; and
7. Any other activities required by this chapter or necessary to carry out the requirements of this chapter.
C. When a development proposal requires more than one department permit or approval from the department, the director may waive sensitive area review required for the subsequent permit(s) or approval(s) if:
1. The department previously reviewed all sensitive areas on the site in a manner sufficient to identify and assess all impacts and prescribe necessary mitigation;
2. The development proposal has not materially changed since the prior sensitive area review;
3. There is no new information available which is relevant to sensitive area review, the site or the sensitive area; and
4. All permit or approval conditions and laws applicable to the development proposal have been complied with.
SECTION 90. Ordinance 10870, Section 458, and K.C.C. 21A.24.110 are each hereby amended to read as follows:
Sensitive area ((special study)) report requirement. A. Except as otherwise provided in this section, ((A))an applicant for a development proposal on a site which includes a sensitive area or is within ((an identified)) a sensitive area buffer or building setback area shall submit a sensitive area ((special study)) report to the department to adequately evaluate the proposal and all probable impacts.
B. Except as provided in K.C.C. 21A.24.110C, ((King County)) the department may waive the requirement for a ((special study)) sensitive area report if the applicant shows, to ((King County's)) the department's satisfaction, that:
1. There will be no alteration of the sensitive area or buffer;
2. The development proposal will not have an impact on the sensitive area in a manner contrary to the ((goals,)) purpose((s))((, objectives)) and requirements of this chapter; ((and)) or
3. ((The minimum standards required by this chapter are met)) Adequate information exists for the department to evaluate any impacts upon the sensitive area.
((C. If necessary to insure compliance with this chapter, King County may require additional information from the applicant, separate from the special study.))
C. The department shall not waive a sensitive area report for the following:
1. To establish the buffer of a landslide or steep slope hazard area pursuant to K.C.C. 21A.24.280A or 21A.24.310A except as provided therein;
2. To reduce the buffer of a wetland or stream pursuant to K.C.C. 21A.24.320B or 21A.24.360B;
3. To allow alterations to:
a. landslide hazard areas pursuant to K.C.C. 21A.24.280B.1 - 3 and 8;
b. coal mine hazard areas pursuant to K.C.C. 21A.24.210B.1, 2 and 3.b; and
c. seismic hazard areas pursuant to K.C.C. 21A.24.290A;
4. To modify sensitive area requirements pursuant to K.C.C. 21A.24.075; or
5. To grant a reasonable use exception pursuant to K.C.C. 21A.24.070.
D. The department shall not require a sensitive area report for the following:
1. To establish whether the following structures or improvements will produce an increase in the base flood elevation:
a. new residential structures outside the FEMA floodway on lots in existence before November 27, 1990 which contain less than five thousand square feet of buildable land outside the zero-rise floodway and which have a total building footprint of all proposed structures on the lot of less than two thousand square feet;
b. substantial improvements of existing residential structures in the zero-rise floodway, but outside the FEMA floodway, if the footprint is not increased; and
c. substantial improvements of existing residential structures meeting the requirements for new residential structures in K.C.C. 21A.24.240; and
2. To establish whether substantial improvements of existing residential structures in the FEMA floodway meeting the requirements of WAC 173-158-070 will produce an increase in the base flood elevation.
SECTION 91. Ordinance 10870, Section 459, and K.C.C. 21A.24.120 are each hereby amended to read as follows:
Contents of sensitive area ((special study)) report. A. The sensitive area ((special study)) report shall be in ((the form of a written report)) writing and ((shall)) may contain any or all of the following, as ((applicable)) required by the department based upon its evaluation of the permit application or the development proposal site:
1. Identification and characterization of all sensitive areas and buffers on ((or encompassing)) the development proposal site including, but not limited to:
a. delineations of steep slope or landslide hazard areas or wetlands;
b. historical data including, but not limited to, original and subsequent mapping, aerial photographs, data compilations and summaries and availble reports and records relating to the site or past operations at the site;
c. a statement by a qualified professional specifying the accuracy of the identification and characterization of the sensitive area and the basis for the statement including, but not limited to, all assumptions made and relied upon; and
d. identification and characterization of surface and subsurface conditions of coal mine and landslide hazard areas;
2. Assessment of the impacts of any development proposal, including an analysis of alternatives demonstrating that all reasonable effort has been made to mitigate impacts including, but not limited to:
a. the impacts of any proposed alteration ((proposed for)) of a sensitive area or buffer on the sensitive area((,));
b. the impacts of any proposed development adjacent to a sensitive area or buffer on the sensitive area; and
c. ((assessment of the impacts of any)) the impacts of any proposed alteration of a sensitive area or buffer on the development proposal, other properties and the environment((, and/or assessment of the impacts to the development proposal resulting from development in the sensitive area or buffer,)) ;
3. ((Studies which propose)) Plans for adequate mitigation((, maintenance, monitoring and contingency plans)) and ((bonding measures)) financial guarantees;
4. ((A scale map of the development proposal site)) A copy of the site plan for the development proposal showing:
a. identified sensitive areas, buffers and the development proposal with dimensions indicating distances between;
b. any clearing limits; and
c. the layout of any underground coal mines and the location of any associated surface features and remedial work carried out to mitigate hazards;
5. Descriptions, including dates and names of persons responsible, and available documentation and logs of any fieldwork performed on the site including, but not limited to:
a. surveys;
b. site reconnaissances; and
c. exploratory drilling and testing to investigate subsurface conditions;
6. Plans, such as grading and drainage plans;
7. Documentation supporting any requested exemption or exception from or modification of buffer or other sensitive area requirements;
8. ((Detailed)) ((s))Studies, as required by ((King County)) the department, to support any findings or conclusions contained in the sensitive area report or to provide additional information needed to insure compliance with the purpose and requirements of this chapter including, but not limited to, evaluation of:
a. wildlife habitat value and utilization;
b. hydrology;
c. erosion hazards and deposition;
d. water quality;
e. slope stability and landslide hazards with review of design and placement of foundations and retaining structures;
f. coal mine hazards, including the presence of voids and the potential for combustion, catastrophic collapse or trough subsidence;
g. soil susceptibility to seismically induced liquefaction or other seismically induced settlement and hazards resulting from settlement; and
9. interim and final results and recommendations including, but not limited to, the results of hazard assessments.
B. The sensitive area report may contain documentation rebutting the presumption set forth in Section 62 of this Ordinance that a stream is used by salmonids, as prescribed in Section 88 of this Ordinance.
C. Any sensitive area report for a coal mine hazard area shall include a hazard assessment prepared by a professional engineer using methodology and assumptions consistent with standards or professional engineering guidelines adopted by the department. The report may contain the following as determined by the department to be necessary for the review of the proposed use:
1. a statement of the professional engineer's qualifications and licensing information, together with a signature and stamped seal;
2. a list of references utilized in preparation of the report;
3. a description of the analytical tools and processes that have been used in the report;
4. surface exploration data such as borings, drill holes, test pits, wells, geologic reports, and other relevant reports or site investigations that may be useful in making conclusions or recommendations about the site under investigation;
5. a description of historical data and information used in the evaluation, together with sources. Such data and information shall include:
a. topographic maps at a scale and contour interval of sufficient detail to assess the site. The site boundaries and proposed site development shall be overlain with the mine plan view map, as appropriate;
b. copies of illustrative coal mine maps showing remnant mine conditions, if available;
c. aerial photography, as appropriate;
d. geological data including geologic cross sections and other illustrative data as appropriate; and
e. available historic mine records indicating the dates of operation, the date of cessation of active mining, the number of years since abandonment, mining methods, shoring and timbering information, the strength of the overlying rock strata, the extracted seam thickness, the dip or inclination of the strata, workings and surface, the projected surface location of the seam outcrop or subcrop, the estimated depth of the seam outcrop or subcrop, if covered by glacial outwash, glacial till, or other materials at depth, total coal tonnage produced, estimated coal mine by-product material produced, and the estimated extraction ratio.
6. a mine plan view map, reproduced at the same scale as the topographic map, showing the location of the mine, the extent of mining, the proposed site development, if applicable, and any remnant abandoned mine surface features. The following shall be included:
a. the layout of the underground mine;
b. the location of any mine entries, portals, adits, mine shafts, air shafts, timber shafts, and other significant mine features;
c. the location of any known sinkholes, significant surface depressions, trough subsidence features, coal mine spoil piles and other mine-related surface features;
d. the location of any prior site improvements that have been carried out to mitigate abandoned coal mine features; and
e. zones showing varying overburden-cover-to-seam-thickness ratios, when appropriate.
7. a statement as to the relative degree of accuracy and completeness of the maps and information reviewed, especially regarding historic mine map accuracy, and reasons why such sources are considered reliable for the purpose of the hazard assessment report;
8. a mitigation plan containing recommendations for mitigation, as appropriate, for the specific proposed alteration;
9. recommendations for additional study, reports, development standards or architectural recommendations for subsequent and more specific proposed alterations, as appropriate;
10. analysis and recommendations, if any, of the potential for future trough subsidence and special mitigation; and
11. a delineation of coal mine hazard areas for the site under investigation using a map identifying the specific category (i.e. severe, moderate, or declassified) of mine hazard area. For the purposes of obtaining accurate legal descriptions, the mine hazard areas shall be surveyed and the survey map shall be drawn at a scale of not less than 1"=200'.
D. The department shall review hazard assessments prepared pursuant to K.C.C. 21A.24.120B within the time period specified in K.C.C. 20.20.050 and either accept the report, recommend revisions or additions to the report or return the report to the applicant as unaccepted and detail the specific deficiencies. In the event of a disagreement, the applicant may submit the report to a mutually agreed-upon third party professional engineer who will conduct the review and issue a decision binding upon the department and applicant.
E. For emergency actions taken pursuant to K.C.C. 21A.24.060, the sensitive area report shall include, at minimum, a description of the alteration and resulting impacts and a proposed mitigation plan, in compliance with this chapter, unless waived pursuant to K.C.C. 21A.24.110.
F. Unless otherwise provided, a sensitive area ((special study)) report may be ((combined with)) supplemented by or comprised of, in whole or part, any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the department((; and)).
G. A sensitive area report may be required to be produced or presented to the department in more than one stage when the department's evaluation of the proposal or ability to determine the needed contents of a sensitive area report is dependent upon interim studies or results.
((C.)) H. If the development proposal will affect only a part of the development proposal site, the ((county)) department may limit the scope of the required ((special study)) sensitive area report to include only that part of the site which may be affected by the development.
NEW SECTION. SECTION 92. There is hereby added to K.C.C. 21A.24 a new section to read as follows:
Notification of sensitive area report requirements. A. The applicant may be notified by the department as to whether a sensitive area report shall be required and what the report shall contain at any preapplication conference held concerning the development proposal. If no preapplication conference is held or if insufficient information is presented at the conference relating to sensitive areas, the applicant shall be notified whether a sensitive area report is required and what the report shall contain within a timely manner after submitting a complete application for a development proposal.
B. The ability of the department to notify the applicant of sensitive area report requirements at a preapplication conference or as soon as possible after application submittal if there is no preapplication conference shall be based upon the sufficiency and accuracy of the information provided at the conference or in the application. Such information may include, but is not limited to:
1. A copy of any current sensitive area folio map;
2. A copy of a soils map available at most libraries or the United States Department of Agriculture's Natural Resources Conservation Service;
3. A copy of the best available topographic map;
4. A field check report, prepared by a wetland or stream scientist, geologist or geotechnical engineer, whichever is applicable;
5. Dated photographs with a map showing the location of photographic points and camera direction; and
6. Any other information which may assist the department in identifying and characterizing sensitive areas on the development proposal site.
C. If the sensitive areas information provided to the department is insufficient or inaccurate, the department shall require additional information from the applicant and((/or)) conduct a review of the site and assess or re((-))assess whether a sensitive area report shall be required and what the report shall contain. The applicant shall be notified in writing of any changes in the sensitive area report requirements in a timely manner.
SECTION 93. Ordinance 10870, Section 460, and K.C.C. 21A.24.130 are each repealed.
SECTION 94. Ordinance 10870, Section 462, and K.C.C. 21A.24.150 are each repealed.
SECTION 95. Ordinance 10870, Section 464, and K.C.C. 21A.24.170 are each hereby amended to read as follows:
Notice on title. A. In order to inform subsequent purchasers of real property of the existence of sensitive areas, ((T))the owner of any property containing a sensitive area((s)) or buffer((s)) 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)) the department 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 the sensitive area((s)) or buffer((s)) on the property, of the application of this chapter to the property and that limitations on actions in or affecting ((such)) the sensitive area((s)) or buffer((s)) may exist. The notice shall run with the land. This notice on title shall not be required for a development proposal by a public agency or public or private utility:
1. Within a recorded easement or right-of-way;
2. Where the agency or utility has been adjudicated the right to an easement or right-of-way; or
3. On the site of a permanent public facility.
B. The owner of any property on which a mitigation site is established shall file a notice on title in the same manner as required in K.C.C. 21A.24.170A. The notice shall inform the public of the presence of the mitigation site on the property, of the application of this chapter to the property and that limitations on actions in or affecting the mitigation site may exist. The notice shall specifically identify the site as a mitigation site. The notice may be combined with any notice required in subsection A.
C. The applicant shall submit proof that the notice has been filed for public record before ((King County shall)) the department approves any development proposal for the property or, in the case of subdivisions, short subdivisions, urban planned developments and binding site plans, at or before recording. For mitigation sites, proof of filing shall be submitted prior to and as a condition of approval of the site for mitigation.
SECTION 96. Ordinance 10870, Section 465, and K.C.C. 21A.24.180 are each hereby amended to read as follows:
Sensitive area tracts and designations on site plans. A. Unless otherwise required in this chapter, ((S))sensitive area tracts shall be used in development proposals for subdivisions, short subdivisions, binding site plans or urban planned developments to delineate and protect those sensitive areas and buffers listed below ((in development proposals for subdivisions, short subdivisions or binding site plans and shll be recorded on all documents of title of record for all affected lots)):
1. All landslide hazard areas and buffers ((which are one acre or greater in size));
2. All steep slope hazard areas and buffers ((which are one acre or greater in size));
3. All wetlands and buffers; and
4. All streams and buffers.
B. Sensitive area tracts shall be recorded on all documents of title of record for all affected lots.
((B.)) C. Any required sensitive area tract shall be held in an undivided interest by each owner of a building lot within the development with ((this)) the ownership interest passing with the ownership of the lot or shall be held by an incorporated homeowner's association or other legal entity, such as a land trust, which assures the ownership, maintenance and protection of the tract.
((C.)) D. Site plans submitted as part of development proposals for building permits((, master plan developments)) and clearing and grading permits shall include and delineate all flood hazard areas,(([))if ((they have been)) mapped by FEMA, ((or)) King County or another qualified governmental or professional entity, ((if a special study is required])) landslide, volcanic, coal mine and steep slope hazard areas, streams, ((and)) wetlands, buffers and building setbacks. If only a part of the development proposal site has been mapped, pursuant to K.C.C. 21A.24.120.((C))F, the part of the site which has not been mapped shall be clearly identified and labeled on the site plan((s)). The site plan((s shall)) may be attached to the notice on title required by K.C.C. 21A.24.170.
SECTION 97. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby repealed.
NEW SECTION. SECTION 98. There is added to K.C.C. 21A.06 a new section to read as follows:
Coal mine hazard areas: classifications. Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas shall be classified as follows:
A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e. the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard area are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, over land surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e. surface of the land) to one hundred fifty feet.
SECTION 99. Ordinance 10870, Section 468, as amended and K.C.C. 21A.24.210 are each hereby amended to read as follows:
Coal mine hazard areas: development standards and permitted alterations. A. Development proposals and other alterations on sites containing coal mine hazard areas shall comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following standards:
((A))1. Alterations within coal mine hazard areas shall not be permitted without prior acceptance of a sensitive area report containing a coal mine hazard assessment ((report and provided that:)) which meets the requirements of K.C.C. 21A.24.120B;
((1. Based upon recommendations contained within the report, a studied site shall be classified as one or a combination of the following:
a. declassified coal mine areas;
b. moderate coal mine hazard areas; or
severe coal mine hazard areas.
2. The coal mine hazard assessment report shall be prepared by a professional engineer using methodology and assumptions consistent with standards or professional engineering guidelines adopted by the department. The report may contain the following as determined by the department to be necessary for the review of the proposed use:
a. a statement of the professional engineer's qualifications and licensing information, together with a signature and stamped seal;
b. a list of references utilized in preparation of the report;
c. a description of the analytical tools and processes that have been used in the report;
d. surface exploration data such as borings, drill holes, test pits, wells, geologic reports, and other relevant reports or site investigations that may be useful in making conclusions or recommendations about the site under investigation;
e. a description of historical data and information used in the evaluation, together with sources. Such data and information shall include:
(1) topographic maps at a scale and contour interval of sufficient detail to assess the site. The site boundaries and proposed site development shall be overlain with the mine plan view map, as appropriate;
(2) copies of illustrative coal mine maps showing remnant mine conditions, if available;
(3) aerial photography, as appropriate;
(4) geological data including geologic cross sections and other illustrative data as appropriate; and
(5) available historic mine records indicating the dates of operation, the date of cessation of active mining, the number of years since abandonment, mining methods, shoring and timbering information, the strength of the overlying rock strata, the extracted seam thickness, the dip or inclination of the strata, workings and surface, the projected surface location of the seam outcrop or subcrop, the estimated depth of the seam outcrop or subcrop, if covered by glacial outwash, glacial till, or other materials at depth, total coal tonnage produced, estimated coal mine by-product material produced, and the estimated extraction ratio.
f. a mine plan view map, reproduced at the same scale as the topographic map, showing the location of the mine, the extent of mining, the proposed site development, if applicable, and any remnant abandoned mine surface features. The following shall be included:
(1) the layout of the underground mine;
(2) the location of any mine entries, portals, adits, mine shafts, air shafts, timber shafts, and other significant mine features;
(3) the location of any known sinkholes, significant surface depressions, trough subsidence features, coal mine spoil piles and other mine-related surface features;
(4) the location of any prior site improvements that have been carried out to mitigate abandoned coal mine features; and
(5) zones showing varying overburden-cover-to-seam-thickness ratios, when appropriate.
g. a statement as to the relative degree of accuracy and completeness of the maps and information reviewed, especially regarding historic mine map accuracy, and reasons why such sources are considered reliable for the purpose of the hazard assessment report;
h. a mitigation plan containing recommendations for mitigation, as appropriate, for the specific proposed alteration;
i. recommendations for additional study, reports, development standards or architectural recommendations for subsequent and more specific proposed alterations, as appropriate;
j. analysis and recommendations, if any, of the potential for future trough subsidence and special mitigation; and
k. a delineation of coal mine hazard areas for the site under investigation using a map identifying the specific category (i.e. severe, moderate, or declassified) of mine hazard area. For the purposes of obtaining accurate legal descriptions, the mine hazard areas shall be surveyed and the survey map shall be drawn at a scale of not less than 1"=200'.
3. Giving great weight to the licensing requirements of professional engineers and standards of professional accountability and liability, the department shall review the coal mine hazard assessment report and within the time period specified in K.C.C. 20.20.050 either accept the report, recommend revisions or additions to the report or return the report to the applicant as unaccepted and detail the specific deficiencies. In the event of a disagreement, the applicant may submit the report to a mutually agreed-upon third party professional engineer who will conduct the review and issue a decision binding upon the department and applicant.))
((4))2. ((When a hazard assessment report has been accepted, the applicant shall record a notice on the title of the property as follows)) The following notice shall be shown on the face of the recorded subdivision, short subdivision, urban planned development or binding site plan for all affected lots or filed with the records and elections division as an attachment to the notice on title required pursuant to K.C.C. 21A.24.170:
"N O T I C E"
"This property is located in an area of historic coal mine activity. A coal mine hazard assessment report has been prepared to characterize the potential hazards contained on this property. The report is dated [insert date of the final report], was prepared by [insert name of professional engineer with license number] at the direction of [insert name of property owner], and reviewed by the King County department of development and environmental services [and, if necessary, include name of peer reviewing professional engineer with license number]. A review of the report is advised prior to undertaking unregulated or exempt land use activities and is required prior to undertaking regulated land use activities."
B. Permitted alterations ((within a)) to coal mine hazard areas ((are allowed as follows, subject to other King County Code permit requirements)) may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
1. Within declassified coal mine areas all alterations are permitted.
2. Within moderate coal mine hazard areas and coal mine by-product stockpiles, all alterations are permitted ((subject to a mitigation plan to minimize)) when the risk of structural damage ((using appropriate criteria to evaluate the proposed use)) is minimized.
((If required or recommended by the hazard assessment report, the mitigation plan to address potential trough subsidence must be prepared by a professional engineer and may be included in the coal mine hazard assessment report or may be an additional study or report, as appropriate.))
3. Within severe coal mine hazard areas the following alterations are permitted:
a. all grading, filling, stockpile removal, and reclamation activities undertaken pursuant to a coal mine hazard assessment report with the intent of eliminating or mitigating threats to human health, public safety, environmental restoration or protection of property((, provided that)) if:
(1) signed and stamped plans have been prepared by a professional engineer;
(2) as built drawings are prepared following reclamation activities; and
(3) the plans and as built drawings shall be submitted to the department for inclusion with the coal mine hazard assessment report prepared for the property((.));
b. private road construction((and maintenance activities, provided that mitigation to eliminate or minimize)) when significant risk of personal injury ((are incorporated into road construction or maintenance plans.)) is eliminated or minimized;
c. buildings with less than four thousand square feet of floor area that contain no living quarters and that are not used as places of employment or public assembly((, provided that mitigation to eliminate or minimize)) when significant risk of personal injury ((are incorporated into site, building, and/or landscaping plans.)) is eliminated or minimized; and
d. additional land use activities ((provided that they are)) if consistent with recommendations contained within any mitigation plan required by the hazard assessment report.
SECTION 100. Ordinance 10870, Section 469, and K.C.C. 21A.24.220 are each hereby amended to read as follows:
Erosion hazard areas: ((D))development standards ((and permitted alterations)). Development proposals and other alterations on sites containing erosion hazard areas shall be allowed, pursuant to applicable permits or approvals, only if they or any other alteration complies with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following standards:
A. Clearing ((on)) in an erosion hazard area ((is)) shall be allowed only from April 1 to ((September)) October 1, except that:
1. Up to ((15,000))fifteen thousand square feet within the erosion hazard area may be cleared at any time on a((ny)) lot, subject to any other requirement for vegetation retention and erosion and sediment control, ((and subject to any clearing and grading permit required by K.C.C. 16.82)) as long as the clearing in not on any portion of a lot draining to a water body located within two hundred feet of the lot; ((and))
2. Noxious weeds may be cleared at any time; and
((2.)) 3. Timber harvest may be allowed at any time pursuant to an approved ((forest practice permit issued by the Washington Department of Natural Resources)) clearing and grading permit issued by the department((.)); and
((B. All development proposals on sites containing erosion hazard areas shall include a temporary erosion control plan consistent with this section and other laws and regulations prior to receiving approval. Specific requirements for such plans shall be set forth in administrative rules.))
((C.)) B. All subdivisions, short subdivisions, ((or)) binding site plans and urban planned developments on sites with erosion hazard areas shall comply with the following additional requirements:))
((1. Except as provided in this section,)) retain existing vegetation ((shall be retained on all lots)) in all erosion hazard areas until a building permit((s are)) is approved for development on ((individual)) the lot((s)), except that:
1. Vegetation may be removed as necessary for construction of related infrastructure;
2. Noxious weeds may be removed as allowed in K.C.C. 21A.24.220A.2; and
3. Timber may be harvested pursuant to an approved clearing and grading permit as allowed in K.C.C. 21A.24.220A.3
((2. If any vegetation on the lots is damaged or removed during construction of the subdivision infrastructure, the applicant shall be required to submit a restoration plan to King County for review and approval. Following approval, the applicant shall be required to implement the plan;
3. Clearing of vegetation on lots may be allowed without a separate clearing and grading permit if King County determines that:
a. such clearing is a necessary part of a large scale grading plan;
b. it is not feasible to perform such grading on an individual lot basis; and
c. drainage from the graded area will meet water quality standards to be established by administrative rules.
D. Where King County determines that erosion from a development site poses a significant risk of damage to downstream receiving waters, based either on the size of the project, the proximity to the receiving water or the sensitivity of the receiving water, the applicant shall be required to provide regular monitoring of surface water discharge from the site. If the project does not meet water quality standards established by law or administrative rules, the county may suspend further development work on the site until such standards are met.
E. The use of hazardous substances, pesticides and fertilizers in erosion hazard areas may be prohibited by King County)).
SECTION 101. Ordinance 10870, Section 470, and K.C.C. 21A.24.230 are each hereby amended to read as follows:
Flood hazard areas: ((C))components. A. A flood hazard area consists of the following components:
1. Floodplain;
2. Flood fringe;
3. Zero-rise floodway; ((and))
4. Federal Emergency Management Agency ((("))FEMA(("))) floodway; and
5. Channel migration area.
B. King County shall determine the floodplain components of the flood hazard area after obtaining, reviewing and utilizing base flood elevations and available floodway data for a flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the "((100)) one hundred-year flood." The base flood ((is)) shall be determined for existing conditions, unless a basin plan including projected flows under future developed conditions has been completed and adopted by King County, in which case these future flow projections shall be used.
C. In areas where the Flood Insurance Study for King County includes detailed base flood calculations, those calculations may be used until projections of future flows are completed and approved by King County.
D. Channel migration areas shall be based upon King County's channel migration hazard maps as adopted as administrative rules. The probable future limits of channel migration areas, as shown on the channel migration hazard maps, shall be the boundaries of the channel migration areas. A channel migration area shall be designated as severe when it lies within the area of the channel's probable migration as measured for fifty years in each direction from the edge of the channel. A channel migration area shall be designated as moderate when it lies between the area designated as severe and the boundaries of the channel migration area as determined by the maximum width occupied by all historical channels extended, where necessary, the distance equal to the median amplitude of all historical channel meanders measured outward from the current active channel. For purpose of this subsection, the historical period shall include the period during which records of channel location were kept.
SECTION 102. Ordinance 10870, Section 471, as amended and K.C.C. 21A.24.240 are each hereby amended to read as follows:
Flood fringe: development standards and permitted alterations. A. Development proposals ((on sites within the)) and other alterations on sites containing the flood fringe ((area)) shall ((meet)) comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following ((requirements)) standards:
((A.)) 1. Development proposals and other alterations shall not reduce the effective base flood storage volume of the floodplain. If ((G))grading or other activity ((which would)) will reduce the effective storage volume ((shall be mitigated by creating)), compensatory storage shall be created on the site or off the site if legal arrangements can be made to assure that the effective compensatory storage volume will be preserved over time. Compensatory storage shall be configured so as not to trap or strand salmonids after flood waters recede and may be configured to provide salmonid habitat or high flow refuge whenever suitable site conditions exist and the configuration does not adversely affect bank stability or existing habitat. Grading for construction of approved livestock flood sanctuaries ((manure storage facilities to control non-point source water pollution designed to the standards of and approved by the King Conservation District is)) shall be exempt from this compensatory storage requirement((.));
2. For all new structures or substantial improvements of structures, the applicant shall provide certification by a civil engineer or professional land surveyor licensed by the state of Washington of:
a. the actual as-built elevation of the lowest floor, including the basement;
b. the actual as-built elevation to which the structure is flood-proofed, if applicable; and
c. the presence of a basement.
((B.)) 3. All elevated construction shall be designed and certified by a ((professional)) structural engineer ((licensed by the State of Washington)) and shall be approved by ((King County)) the department prior to construction((.));
4. All new construction shall be anchored to prevent flotation, collapse or lateral movement of the structure;
((C.)) 5. Subdivisions, short subdivisions, urban planned developments and binding site plans shall meet the following requirements:
((1.)) a. new building lots shall contain ((5,000)) five thousand square feet or more of buildable land outside the zero-rise floodway((, and));
b. building setback areas restricting permanent structures to designated buildable areas shall be shown on the face of the ((plat to restrict permanent structures to this buildable area)) recorded subdivision, short subdivision, urban planned development or binding site plan for all affected lots; and
2. All utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed consistent with subsections D., E. and H.;
3.)) c. the following shall be shown on the face of the recorded subdivision, short subdivision, urban planned development or binding site plan for all affected lots or filed with the records and elections division as an attachment to the notice on title required pursuant to K.C.C. 21A.24.170:
(1) ((B))base flood data and sources and flood hazard notes ((shall be shown on the face of the recorded subdivision, short subdivision or binding site plan)) including, but not limited to, ((the)) base flood elevation, required flood protection elevations and the boundaries of the floodplain and the zero-rise floodway, if determined; and
((4.)) (2) (T))the following notice shall also be shown on the face of the recorded subdivision, short subdivision or binding site plan for all affected lots)):
"N O T I C E"
"This property is located in a flood hazard area and may be subject to inundation or bank erosion by flood waters. Lots and structures located within flood hazard areas may be inaccessible by emergency vehicles during flood events. Residents and property owners should take appropriate advance precautions. In addition, levees in this area may not be federally certified flood control facilities and may not provide protection during flood events";
and
6. Prior to approving any permit for alterations, the department shall determine that all permits required by state or federal law have been obtained.
((D.)) B. Alterations to the flood fringe may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
1. New residential structures and substantial improvements of existing residential structures ((shall meet the following requirements)), except mobile homes, if:
((1.)) a. ((T))the lowest floor ((shall be)) is elevated to the flood protection elevation;
((2.)) b. ((P))portions of ((a)) the structure which are below the lowest floor area ((shall)) are not ((be)) fully enclosed((.));
c. ((T))the areas and rooms below the lowest floor ((shall be)) are designed to automatically equalize hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry and exit of floodwaters, as follows((. Designs for satisfying this requirement shall meet or exceed the following requirements)):
((a.)) (1) a minimum of two openings shall be provided on opposite walls having a total open area of not less than one square inch for every square foot of enclosed area subject to flooding ((shall be provided));
((b.)) (2) the bottom of all openings shall be no higher than one foot above grade; and
((c.)) (3) openings may be equipped with screens, louvers or other coverings or devices ((if)) as long as they permit the unrestricted entry and exit of floodwaters;
((3.)) d. materials and methods which are resistant to and minimize flood damage shall be used; and
((4.)) e. all electrical, heating, ventilation, plumbing((,)) and air conditioning equipment and other utility and service facilities shall be flood-proofed to or elevated above the flood protection elevation((.));
((E.)) 2. New nonresidential structures and substantial improvements of existing nonresidential structures ((shall meet the following requirements)) if:
((1. The elevation requirement for residential structures contained in subsection D.1. shall be met))
a. the lowest floor is elevated to the flood protection elevation; or
((2.)) b. ((T))the structure ((shall be)) is flood-proofed to the flood protection elevation and ((shall)) meets the following ((requirements)) standards:
((a.)) (1) the applicant shall provide certification by a ((professional)) civil or structural engineer ((licensed by the State of Washington)) that the flood-proofing methods are adequate to withstand the flood-depths, pressures, velocities, impacts, uplift forces and other factors associated with the base flood. After construction, the engineer shall certify that the permitted work conforms ((with)) to the approved plans and specifications; ((and
b. approved building permits for flood-proofed nonresidential structures shall contain a statement notifying applicants that flood insurance premiums shall be based upon rates for structures which are one foot below the flood-proofed level;))
((3.)) (2) ((M))materials and methods which are resistant to and minimize flood damage shall be used; and
((4.)) (3) ((A))all electrical, heating, ventilation, plumbing((,)) and air conditioning equipment and other utility and service facilities shall be flood-proofed to or elevated above the flood protection elevation((.));
((F. All new construction shall be anchored to prevent flotation, collapse or lateral movement of the structure.))
((G.)) 3. Newly sited((M))mobile homes and substantial improvements of existing mobile homes ((parks shall meet the following requirements)) if:
((1.)) a. ((Mobile homes shall meet all requirements)) the standards in this section for ((flood hazard protection for)) residential structures are complied with((,)); and
b. ((shall be anchored and shall be)) mobile homes are installed using methods and practices which minimize flood damage; ((and
2.)) 4. ((No permit or approval for the following shall be granted unless all mobile homes within the)) New mobile home parks, expansions of existing mobile home parks or repairs or reconstruction of streets, utilities or pads in existing mobile home parks which equal or exceed fifty percent of the prerepair or preconstruction value of such streets, utilities or pads ((meet the requirements for flood hazard protection)) if all mobile homes in the park meet the standards in this section for residential structures((:
a. a new mobile home park;
b. an expansion of an existing mobile home park; or
c. any repair or reconstruction of streets, utilities or pads in an existing mobile home parks which equals or exceeds 50 percent of the value of such streets, utilities or pads.));
((H.)) 5. Public and private ((U))utilities ((shall meet the following requirements.)) if:
((1.)) a. ((N))new and replacement utilities including, but not limited to, sewage storage and treatment facilities ((shall be)) are flood-proofed to or elevated above the flood protection elevation;
((2.)) b. ((N))new on-site sewage disposal systems ((shall be)) are located, to the maximum extent possible, ((located)) outside the limits of the base flood elevation((. The installation of new on-site sewage disposal systems)) and may be installed in the flood fringe ((may be allowed)) only if no feasible alternative sites ((is)) are available;
((3. Sewage and agricultural waste storage facilities shall be flood-proofed to the flood protection elevation;))
((4.)) c. ((A))above-ground utility transmission lines, ((other than)) except for electric transmission lines, ((shall)) are only ((be)) allowed for the transport of non-hazardous substances; and
((5. Buried)) d. underground utility transmission lines transporting hazardous substances ((shall be)) are buried at a minimum depth of four feet below the maximum depth of scour for the base flood, as predicted by a ((professional)) civil engineer ((licensed by the State of Washington)), and ((shall)) achieve sufficient negative buoyancy so that any potential for flotation or upward migration is eliminated((.));
((I.)) 6. Critical facilities ((may be allowed within the flood fringe of the floodplain, but)) only when no feasible alternative site is available and the following standards are complied with:((. Critical facilities shall be evaluated through the conditional or special use permit process.))
a. ((C))critical facilities ((constructed within the flood fringe) shall have the lowest floor elevated to three or more feet above the base flood elevation((.));
b. ((F))flood-proofing and sealing measures shall be taken to ensure that hazardous substances will not be displaced by or released into floodwaters((.));
c. ((A))access routes elevated to or above the base flood elevation shall be provided to all critical facilities from the nearest maintained public street or roadway((.));
((J. Prior to approving any permit for alterations in the flood fringe, King County shall determine that all permits required by state or federal law have been obtained.))
7. Expansions of existing roadways and the construction of new roadways if the materials and methods used are resistant to and minimize flood damage;
8. Livestock flood sanctuaries if:
a. constructed and maintained to the standards approved by the United States Natural Resources Conservation Service and the King Conservation District;
b. located on a site in the agricultural (A) zone on which the grazing of livestock has been in continuous existence since at least November 27, 1990;
c. there is no other suitable holding area outside the floodplain to which the livestock has access;
d. no portion of the sanctuary is located within a stream, wetland or their buffers except for a grazed wet meadow in compliance with administrative rules;
e. the sanctuary is sited and sized to have the minimum impact on flood flows and flood elevations in compliance with administrative rules; and
f. appropriate legal documents are prepared in which all property owners within one-quarter mile upstream and downstream of the sanctuary consent to any resulting flood impacts on their properties and any changes in the floodplain and floodway which may result from the sanctuary; and
9. Vegetation removal.
SECTION 103. Ordinance 10870, Section 472, and K.C.C. 21A.24.250 are each hereby amended to read as follows:
Zero-rise floodway: ((D))development standards and permitted alterations. A. ((The requirements which apply to the flood fringe shall also apply to the zero-rise floodway. The more restrictive requirements shall apply where there is a conflict.)) Development proposals and other alterations on sites containing the zero-rise floodway shall comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following standards:
((B.)) 1. ((A)) ((d))Development proposals and other alterations ((including, but not limited to, new or reconstructed structures)) shall not ((cause any)) increase ((in)) the base flood elevation ((unless the following requirements are met)) except as follows:
((1.)) a. amendments to the Flood Insurance Rate Map are adopted by FEMA, in accordance with 44 CFR 70, to incorporate the increase in the base flood elevation; and
((2.)) b. ((A))appropriate legal documents are prepared in which all property owners affected by the increased flood elevations consent to the impacts on their property and any changes in the floodplain and floodway which may result from the proposal or other alteration((.));
((These documents shall be filed with the title of record for the affected properties.))
((C.)) 2. The following are presumed to produce no increase in the base flood elevation ((and shall not require a special study to establish this fact)):
((1.)) a. ((N))new residential structures ((af0 outside the FEMA floodway on lots in existence before November 27, 1990 which contain less than 5,000 square feet of buildable land outside the zero-rise floodway)) permitted pursuant to K.C.C. 21A.24.250B.1 and which have a total building footprint of all proposed structures on the lot of less than ((2,000))two thousand square feet;
((2.)) b. ((S))substantial improvements of existing residential structures ((in the zero-rise floodway, but outside the FEMA floodway, where)) if the footprint is not increased; or
((3.)) c. substantial improvements of existing residential structures which meet((ing)) the ((requirements)) standards for new residential structures in K.C.C. 21A.24.240.B.1((.));
3. The standards set forth in K.C.C. 21A.24.240A shall also apply to and be complied with in the zero-rise floodway. Grading for construction of approved livestock flood sanctuaries, manure storage facilities and associated nonpoint source pollution facilities shall be exempt from the compensatory storage requirement set forth in K.C.C. 21A.24.240A.1; and
((D. Post or piling construction techniques which permit water flow beneath a structure shall be used.))
((E.)) 4. The following shall be removed from the zero-rise floodway during the flood season from September 30 to May 1:
a. ((A))all temporary structures; and
b. ((or)) all substances hazardous to the public health, safety ((and)) or welfare, except for hazardous household substances or consumer products containing hazardous substances((, shall be removed from the zero-rise floodway during the flood season from September 30 to May 1)).
B. Alterations to the zero-rise floodway may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
((F.)) 1. New residential structures, except mobile homes, ((or any structure accessory to a residential use shall meet the following requirements)) if:
((1. the structures shall be outside the FEMA floodway; and))
2.)) a. ((T))the structure((s shall be)) is located on a lot((s)) which was in existence before November 27, 1990 ((which));
b. the lot contains less than ((5,000))five thousand square feet of buildable land outside the zero-rise floodway, and it is not possible to locate the structure on-site, but outside the zero-rise floodway((.)); and
c. the structure meets the standards for new residential structures in K.C.C. 21A.24.240B.1((.));
2. Substantial improvements of existing residential structures, except mobile homes, if the structure meets the standards for substantial improvements in K.C.C. 21A.24.240B.1;
3. New nonresidential structures and substantial improvements of existing nonresidential structures if the structure meets the standards for nonresidential structures in K.C.C. 21A.24.240B.2;
4. Newly sited mobile homes and substantial improvements of existing mobile homes if the mobile home meets the standards for mobile homes in K.C.C. 21A.24.240B.3;
5. Expansions of existing mobile home parks or repairs or reconstruction of streets, utilities or pads in existing mobile home parks which equal or exceed fifty percent of the prerepair or preconstruction value of such streets, utilities or pads if all mobile homes in the park meet the standards for residential structures in K.C.C. 21A.24.240B.1;
((G.)) 6. Public and private ((U))utilities ((may be allowed within the zero-rise floodway)), except sewage treatment facilities other than on-site sewage disposal facilities, if:
a. ((King County)) the department determines that no feasible alternative site is available((, subject to the following requirements:));
((1.)) b. ((Installation of new on-site sewage disposal systems shall be prohibited unless)) a waiver is granted by the Seattle/King County department of public health for new on-site sewage disposal facilities; ((and
2. Construction of sewage treatment facilities shall be prohibited.))
c. the utilities are flood-proofed to or elevated above the flood protection elevation;
d. above-ground utility transmission lines, except for electric transmission lines, are only allowed for the transport of nonhazardous substances; and
e. underground utility transmission lines transporting hazardous substances are buried at a minimum depth of four feet below the maximum depth of scour for the base flood, as predicted by a civil engineer, and achieve sufficient negative buoyancy so that any potential for flotation or upward migration is eliminated;
((H. Critical facilities shall not be allowed within the zero-rise floodway except as provided in subsection J.))
7. Expansions of existing roadways and the construction of new roadways if the materials and methods used are resistant to and minimize flood damage;
((I.)) 8. Livestock manure storage facilities and associated non((-))point source water pollution facilities designed, constructed and maintained to the standards of and approved in a conservation plan by the King ((County)) Conservation District ((may be allowed)) if ((King County)) the department reviews and approves the location and design of the facilities, and they are flood-proofed to the flood protection elevation((.));
((J.)) 9. Livestock flood sanctuaries if the sanctuary meets the standards for livestock flood sanctuaries in K.C.C. 21A.24.240B.7;
10. Structures and installations which are dependent upon the floodway may be located in the floodway if the development proposal is approved by all agencies with jurisdiction. Such structures may include, but are not limited to:
((1.)) a. dams or diversions for water supply, flood control, hydroelectric production, irrigation or fisheries enhancement;
((2.)) b. flood damage reduction facilities, such as levees and pumping stations;
((3.)) c. stream bank stabilization ((structures where)) projects only if no feasible alternative exists for protecting ((public or private property)) structures, public roadways, flood hazard reduction facilities or sole access routes. Stream bank stabilization projects shall be consistent with King County's Guidelines for Bank Stabilization Projects (King County Surface Water Management 1993) and shall use bioengineering to the maximum extent possible. Alternative methods to the Guidelines may be approved if the applicant demonstrates to the department's satisfaction that the alternative methods provide equivalent or better structural stabilization, stream functions and salmonid habitat where appropriate;
((4.)) d. ((Storm)) surface water conveyance facilities ((subject to the development standards for streams and wetlands and the Surface Water Design Manual));
((5.)) e. ((B))boat launches and related recreation structures;
((6.)) f. ((B))bridge piers and abutments; and
((7.)) g. ((Other fisheries enhancement or)) approved stream or wetland restoration projects including, but not limited to, fisheries enhancement projects; and
11. Vegetation removal.
SECTION 104. Ordinance 10870, Section 473, and K.C.C. 21A.24.260 are each hereby amended to read as follows:
FEMA floodway: ((D))development standards and permitted alterations. A. ((The requirements which apply to the zero-rise floodway shall also apply to the FEMA floodway. The more restrictive requirements shall apply where there is a conflict.)) Development proposals and other alterations on sites containing the FEMA floodway shall comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following standards:
((B.)) 1. ((A)) ((d))Development proposals and other alterations ((including, but not limited to, new or reconstructed structures)) shall not ((cause any)) increase ((in)) the base flood elevation((.));
((C. New residential or nonresidential structures are prohibited within the FEMA floodway.))
((D.)) 2. ((Substantial)) ((i))Improvements of existing residential structures in the FEMA floodway((, meeting the requirements of WAC 173-158-070, as amended,)) which are not substantial improvements are presumed to produce no increase in the base flood elevation ((and shall not require a special study to establish this fact.)) if the footprint is not increased; and
3. the standards set forth in K.C.C. 21A.24.240A.1, 3, 5.c(2) and 6 shall also apply to and be complied with in the FEMA floodway.
B. Alterations to the FEMA floodway may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
1. Maintenance of an existing residential structure which is not a substantial improvement if the structure meets the standards for existing residential structures in K.C.C. 21A.24.240B.1;
2. Maintenance of an existing nonresidential structure which is not a substantial improvement if the structure meets the standards for existing nonresidential structures in K.C.C. 21A.24.240B.2;
3. Expansions of existing roadways and the construction of new roadways if the materials and methods used are resistant to and minimize flood damage; and
4. Vegetation removal.
SECTION 105. Ordinance 10870, Section 474, and K.C.C. 21A.24.270 are each repealed.
SECTION 106. Ordinance 11621, Section 75, and K.C.C. 21A.24.275 are each hereby amended to read as follows:
Channel ((relocation and stream meander)) migration areas: development standards and permitted alterations. ((No structure shall be allowed which would be at risk due to channel relocation or stream meander until the promulgation of a public rule.))
A. Development proposals and other alterations on sites containing channel migration areas shall comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and shall file the following notice with the records and elections division as an attachment to the notice on title required pursuant to K.C.C. 21A.24.170:
"N O T I C E"
"This property is in a channel migration area. Based on historical data, the channel or stream is expected to migrate and change locations over time, possibly undercutting or eroding portions of this property. Any structures within the channel migration area may be at risk from the migrating channel and could be damaged or destroyed unless moved. Relocation of structures is at the owner's expense. Bank stabilization or other protective measures designed to prevent undercutting or bank erosion within the channel migration area shall be prohibited except in the limited circumstances allowed by K.C.C. chapter 21A.24."
B. Alterations to severe channel migration areas may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
1. maintenance, structural modification of or addition to any existing critical facility, residential structure or building used as a place of employment or public assembly if:
a. there is no increase in the footprint of the structure; and
b. the maintenance, structural modification or addition is not a substantial improvement;
2. maintenance, structural modification of or addition to existing structures other than those described in K.C.C. 21A.24.275B.1 if:
a. the addition to the footprint will not make the total area of all accessory structures within the severe channel migration area on the site exceed one thousand square feet; and
b. the structure's footprint is not expanded towards the migrating channel, unless the applicant demonstrates to the satisfaction of the department that the location is the one least subject to risk;
3. maintenance or repair of existing flood hazard reduction facilities, roadways, on-site sewage disposal systems or water supply wells and increases to the depth of existing water supply systems or water supply wells only when necessary to capture the water supply. Nothing in this subsection shall be construed as a determination of water rights or shall affect existing water rights, as determined by law;
4. new non-residential structures, except for on-site sewage disposal facilities and water supply wells, if:
a. no feasible alternative location on the site is available;
b. the structure is located where it is least subject to risk;
c. the structure does not house animals or hazardous substances; and
d. the total area of all accessory structures within the severe channel migration area on the site does not exceed one thousand square feet or two percent of the severe channel migration area on the site, whichever is greater;
5. new livestock flood sanctuaries, in compliance with K.C.C. 21A.24.240B.8 if:
a. no feasible alternative location on the site is available; and
b. the sanctuary is located where it is least subject to risk;
6. enhancement and restoration projects in compliance with Chapter 21A.24, including structures demonstrated as necessary for the project; and
7. bank stabilization and other actions in compliance with K.C.C. 21A.24.250B.10.c to prevent bank erosion within a channel migration area only when required to protect structures, public roadways, flood hazard reduction facilities or sole access routes in existence before February 16, 1995.
C. Alterations to moderate channel migration areas may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
1. maintenance, structural modification of or addition to any existing critical facility or building used as a place of employment or public assembly if there is no increase in the footprint of the structure;
2. maintenance, structural modification of or addition to existing structures, other than those described in K.C.C. 21A.24.275C.1, if the structure's footprint is not expanded towards the migrating channel, unless the applicant demonstrates to the satisfaction of the department that the location is the one least subject to risk;
3. new residential structures if:
a. no feasible alternative on-site location outside of the channel migration area is available on-site;
b. the structure and supporting infrastructure is located the farthest practical distance from the migrating channel, unless the applicant demonstrates that an alternative location is:
(1) the least subject to risk; or
(2) within the outer third of the moderate hazard as measured perpendicular to the channel; and
c. the structure is located on a separate lot in existence before February 16, 1995;
4. new nonresidential accessory structures, other than those described in K.C.C. 21A.24.275C.1, if:
a. no feasible alternative on-site location is available; and
b. the structure is located the farthest practical distance from the migrating channel;
5. the subdivision of property, if:
a. all resulting lots contain five thousand square feet or more buildable land outside of the channel migration area;
b. access to all resulting lots does not cross the channel migration area; and
c. all infrastructure is located outside the channel migration area except the septic system may be placed in the moderate hazard if:
(1) no feasible alternative location is available on-site;
(2) the reserve track is located outside of the channel migration area; and
(3) it is located the farthest practical distance from the migrating channel; and
6. bank stabilization and other actions in compliance with K.C.C. 21A.24.250B.10.c to prevent bank erosion within a channel migration area only when required to protect:
a. structures, public roadways, flood hazard reduction facilities or sole access routes in existence before February 16, 1995; or
b. an approved new single detached dwelling unit if the unit is located between and within six hundred feet of structures, sole access routes or bank stabilization in existence before February 16, 1995 and is located no closer to the migrating channel than existing dwelling units on abutting or adjacent properties.
SECTION 107. Ordinance 10870, Section 475, and K.C.C. 21A.24.280 are each hereby amended to read as follows:
Landslide hazard areas: ((D))development standards and permitted alterations. A. ((A d))Development proposals and other alterations on ((a)) sites containing ((a)) landslide hazard areas or buffers shall ((meet)) comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following ((requirements)) standards:
((A.)) 1. ((A minimum)) A buffer or setback ((of 50 feet)) shall be established from all edges of the landslide hazard area. ((The buffer shall be extended as required to mitigate a steep slope or erosion hazard or as otherwise necessary to protect the public health, safety and welfare. For landslide hazard areas that are also steep slopes over 200 feet in height, the building setback shall be 50 feet from the buffer. The buffer may be reduced to a minimum of 15 feet from the buffer if, based on a special study, King County determines that the reduction will adequately protect the proposed development and the sensitive area. For single family residential building permits only, King County may waive the special study requirement and authorize bulding setback reductions, pursuant to section 21A.24.075 of this ordinance or if King County determines that the reduction will adequately protect the proposed development and the sensitive area)) The size of the buffer or setback shall be determined by the department to eliminate or minimize the risk of property damage, death or injury resulting from landslides caused in whole or part by the development, based upon a sensitive area report prepared by a geotechnical engineer or geologist. If no sensitive area report is submitted to the department, the minimum buffer shall be fifty feet, and the minimum building setback shall be as prescribed in K.C.C. 21A.24.200, unless the landslide hazard area has a vertical rise of more than two hundred feet, in which case the department may increase the minimum building setback to one hundred feet;
((B.)) 2. Unless otherwise provided ((herein)) or as a necessary part of an approved alteration, removal of any vegetation from a landslide hazard area or buffer shall be prohibited((, except for limited removal of vegetation necessary for surveying purposes and for the removal of hazard trees determined to be unsafe according to tree selection rules promulgated pursuant to this chapter. Notice to King County shall be provided prior to any vegetation removal permitted by this subsection)); and
((C. Vegetation on slopes within a landslide hazard area or buffer which has been damaged by human activity or infested by noxious weeds may be replaced with vegetation native to King County pursuant to an enhancement plan approved by King County. The use of hazardous substances, pesticides and fertilizers in landslide hazard areas and their buffers may be prohibited by King County; and))
3. All alterations shall be undertaken in a manner to minimize disturbance to the landslide hazard area, slope and vegetation unless necessary for slope stabilization.
((D.)) B. Alterations to landslide hazard areas and buffers may be allowed, pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
1. ((A landslide hazard area located on a slope 40% or steeper may be altered only if the alteration meets the standards and limitations set forth for steep slope hazard areas in K.C.C. 21A.24.310;)) Maintenance of structures in existence before November 27, 1990 which do not meet the requirements of this chapter for landslide hazard areas and do not involve any expansion of the structures if:
a. the landslide hazard poses little or no risk of death or injury; or
b. the risk of landsliding is low;
2. Surface water conveyances if the department finds that:
a. discharging the surface water at the base of the landslide hazard area has less adverse impact upon the sensitive area than if the surface water were dispersed at the top of the landslide hazard area; and
b. adverse impacts to salmonids are minimized, to the maximum extent possible, by maintaining the prealteration ground water volume to support salmonid habitat in receiving water bodies;
3. Public and private utilities and utility corridors if the applicant shows that:
a. the alterations involved will not subject the sensitive area to an increased risk of landslide or erosion; and
b. vegetation removal is limited to the minimum necessary to locate the utility or construct the corridor;
4. Normal and routine maintenance of existing public and private utility facilities and utility corridors if the applicant shows that:
a. the alterations involved will not subject the sensitive area to an increased risk of landslide or erosion; and
b. vegetation removal for the purpose of utility and corridor maintenance is the minimum necessary to maintain the utility's function;
5. Vegetation removal activities, as follows:
a. the removal of noxious weeds;
b. the removal of vegetation, only as necessary for surveying purposes; and
c. the removal of hazard trees, as determined by the department;
6. Tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops, growing nursery stock and related activities for pasture, crops, grass seed or sod, if these activities have been in continuous existence since at least November 27, 1990. For the purpose of this subsection, "continuous existence" shall include cyclical operations normally associated with these agricultural activities. Any expansion of these activities in the landslide hazard area is prohibited;
7. Lawful mining and quarrying activities;
8. Stabilization of sites where erosion or landsliding threatens public or private structures, utilities, roadways, driveways or publicly maintained trails or where erosion or landsliding threatens any lake, stream, wetland or shoreline. Stabilization work shall be performed in a manner which causes the least possible disturbance to the slope and its vegetative cover;
9. Exploratory drilling and testing, involving only necessary and limited clearing and grading, for the purpose of preparing sensitive area reports;
10. The application of herbicides or other hazardous substances, if necessary, as approved by the department; and
((2.)) 11. Any alterations in a landslide hazard area located on a slope less than ((40%)) forty percent ((may be altered)) only if ((the alteration meets the following requirements)):
a. the development proposal will not decrease slope stability on contiguous properties; and
b. ((mitigation based on the best available engineering and geological practices is implemented which either eliminates or minimizes)) the risk of property damage, death or injury resulting from landslid((es))ing is eliminated or minimized((; and
3. neither buffers nor a sensitive area tract shall be required if the alteration meets the standards of subsection D.2)).
SECTION 108. Ordinance 10870, Section 476, and K.C.C. 21A.24.290 are each hereby amended to read as follows:
Seismic hazard areas: ((D))development standards ((and permitted alterations)). ((A d))Development proposals and other alterations on ((a)) sites containing ((a)) seismic hazard areas shall ((meet)) be allowed, pursuant to applicable permits or approvals, only if they or any other alteration complies with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following ((requirements)) standards:
A. ((Unless exempt,)) ((d))Development proposals shall ((be subject to the review standards based on two occupancy types: critical facilities and other structures. The review standards for critical facilities shall be based on larger earthquake reoccurrence intervals. The review standards for both occupancy types shall be set forth in administrative rules)) satisfy the foundation standards of the building code as adopted in K.C.C. 16.04.010, not including the building code's exceptions to those standards; and
((B. Alterations to seismic hazard areas may be allowed only as follows:
1. The evaluation of site-specific subsurface conditions shows that the proposed development site is not located in a seismic hazard area; or))
((2. Mitigation based on the best available engineering and geological practices is implemented which either eliminates or minimizes the risk of damage, death or injury resulting from seismically induced settlement or soil liquefaction; and
3. Mobile homes may be placed in seismic hazard areas without performing special studies to address the seismic hazard. Such mobile homes may be subject to special support and tie-down requirements. These requirements shall be set forth in administrative rules.))
((C.)) B. The following shall be exempt from the provisions of this section and mitigation requirements:
1. Buildings with less than ((2500)) two thousand five hundred square feet of floor area or roof area, ((())whichever is greater(())), ((that contain no living quarters and that)) and which are not residential structures or used as places of employment or public assembly ((are exempt from the provisions of this section.));
2. Additions, less than two hundred fifty square feet, to single story residences; and
3. Fences.
SECTION 109. Ordinance 10870, Section 477, and K.C.C. 21A.24.300 are each hereby amended to read as follows:
Volcanic hazard areas: ((D))development standards ((and permitted alterations)). ((A d))Development proposals and other alterations on ((a)) sites containing ((a)) volcanic hazard areas shall ((meet)) be allowed, pursuant to applicable permits or approvals, only if they or any other alteration complies with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following ((requirements)) standards:
A. Within volcanic hazard areas located along the White River upstream from Mud Mountain Dam:
1. No critical facilities shall be constructed or located;
2. No new apartments, townhouses or commercial structures shall be constructed or located;
3. All new lots created by subdivision, short subdivision or binding site plan shall ((require)) have designated building areas and building setbacks outside of the volcanic hazard area ((which shall be designated with building set back areas)); and
4. The following notice shall be filed for ((N))new single detached ((residential construction)) dwellings on existing lots ((may be allowed if the applicant records with the records and elections division the following notice on all title documents)) with the records and elections division as an attachment to the notice on title required pursuant to K.C.C. 21A.24.170:
"N O T I C E"
"The structures on this property are located in ((an)) a volcanic hazard area which may be inundated by mudflows originating on Mount Rainier. For further information regarding this hazard, please contact King County."
B. Within volcanic hazard areas located along the White River downstream from Mud Mountain Dam and the Green and Duwamish Rivers((:)), critical facilities shall be evaluated for risk of inundation or flooding resulting from mudflows originating on Mount Rainier. These structures shall be designed to withstand, without damage, the effects of mudflows equal in magnitude to the prehistoric Electron Mudflow; and
C. This section shall not become effective until King County has completed the required modeling and mapping of volcanic hazard areas.
SECTION 110. Ordinance 10870, Section 478, as amended and K.C.C. 21A.24.310 are each hereby amended to read as follows:
Steep slope hazard areas: ((D))development standards and permitted alterations. A. ((A d))Development proposals and other alterations on ((a)) sites containing ((a)) steep slope hazard areas or buffers shall ((meet)) comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following ((requirements)) standards:
((A.)) 1. A ((minimum)) buffer or setback ((of fifty feet)) shall be established from ((the top, toe and along all sides of any slope forty percent or steeper)) all edges of the steep slope hazard area. ((The buffer shall be extended as required to mitigate a landslide or erosion hazard or as otherwise necessary to protect the public health, safety and welfare. The buffer may be reduced to a minimum of ten feet if, based on a special study, King County determines that the reduction will adequately protect the proposed development and the sensitive area. The buffer may only be reduced to twenty-five feet in the case of erosion hazard areas. For single family residential building permits only, King County may waive the special study requirement and authorize buffer reductions, pursuant to K.C.C 21A.24.075 or if King County determines that the reduction will adequately protect the proposed development and the sensitive area)) The size of the buffer or setback shall be determined by the department to eliminate or minimize the risk of property damage, death or injury resulting from slope instability, landsliding or erosion caused in whole or part by the development, based upon a sensitive area report prepared by a geotechnical engineer or geologist. If no sensitive area report is submitted to the department, the minimum buffer shall be fifty feet, and the minimum building setback shall be as prescribed in K.C.C. 21A.24.200; and
((B.)) 2. Unless otherwise provided ((herein)) or as a necessary part of an approved alteration, removal of any vegetation from a steep slope hazard area or buffer shall be prohibited((, except for limited removal of vegetation necessary for surveying purposes and for the removal of hazard trees determined to be unsafe according to tree selection rules promulgated pursuant to this chapter. Notice to King County shall be provided prior to any vegetation removal permitted by this subsection;)).
((C. Vegetation on steep slopes within steep slope hazard areas or their buffers which has been damaged by human activity or infested by noxious weeds may be replaced with vegetation native to King County pursuant to a vegetation management plan approved by King County. The use of hazardous substances, pesticides and fertilizers in steep slope hazard areas and their buffers may be prohibited by King County;))
((D.)) B. Alterations to steep slope hazard areas and buffers may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
1. ((approved)) (())Surface water conveyances((, as specified in the Surface Water Design Manual, may be allowed on steep slopes)) if the department finds that:
a. ((they are)) the conveyance is installed in a manner to minimize disturbance to the slope and vegetation;
b. discharging the surface water at the base of the steep slope hazard area has less adverse impact upon the sensitive area than if the surface water were dispersed at the top of the slope; and
c. adverse impacts to salmonids are minimized, to the maximum extent possible, by maintaining the prealteration ground water volume to support salmonid habitat in receiving water bodies;
2. Public and private trails ((may be allowed on steep slopes as approved by the county. Under no circumstances shall)) as long as no trails ((be)) are constructed of ((concrete, asphalt or other)) impervious surfaces which will contribute to surface water run-off, unless such construction is necessary for soil stabilization or soil erosion prevention or unless the trail system is specifically designed and intended to be accessible to handicapped persons. ((Additional requirements for)) ((t))Trail construction ((may be set forth in administrative rules)) shall be in compliance with any administrative rules promulgated hereunder;
3. Public and private utilities and ((u))utility corridors ((may be allowed on steep slopes)) if ((a special study)) the applicant shows that:
a. ((such)) the alterations involved will not subject the sensitive area to the increased risk of landslide or erosion; and
b. vegetation removal is limited to the minimum necessary to locate the utility or construct the corridor;
4. Normal and routine maintenance of existing public and private utility facilities and utility corridors if the applicant shows that:
a. the alterations involved will not subject the sensitive area to an increased risk of landslide or erosion; and
b. vegetation removal for the purpose of utility and corridor maintenance is the minimum necessary to maintain the utility's function;
5. Vegetation removal activities, as follows:
a. the removal of noxious weeds;
b. the removal of vegetation, only as necessary for surveying purposes;
c. the removal of hazard trees, as determined by the department; and
((4.)) d. the ((L))limited trimming and pruning of vegetation ((may be allowed on steep slopes pursuant to an approved vegetation management plan)) for the ((creation)) making and maintenance of views if the soils are not disturbed, and the activity is ((subject to)) in compliance with administrative rules promulgated hereunder;
6. Tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops, growing nursery stock and related activities for pasture, crops, grass seed or sod, if these activities have been in continuous existence since at least November 27, 1990. For the purpose of this subsection, "continuous existence" shall include cyclical operations normally associated with these agricultural activities. Any expansion of these activities in the steep slope hazard area is prohibited;
((5.)) 7. ((Approved)) Lawful mining and quarrying activities ((may be allowed)); ((and))
((6.)) 8. Stabilization of sites where erosion or landsliding threatens public or private structures, utilities, roadways, driveways or trails((,)) or where erosion ((and)) or landsliding threatens any lake, stream, wetland or shoreline. Stabilization work shall be performed in a manner which causes the least possible disturbance to the slope and its vegetative cover; ((and))
((7.)) 9. ((Reconstruction, remodeling or replacement of existing structures.)) Reconstruction, remodeling((,)) or replacement of an existing structure upon another portion of an existing impervious surface which was established pursuant to ((King County)) law,((s and regulations may be allowed provided)) only as follows:
a. if within the buffer, the structure is located no closer to the steep slope than the existing structure((,)); and
b. the existing impervious surface within the ((buffer or)) steep slope or buffer is not expanded as a result of the reconstruction, remodeling or replacement((.));
((E.))10. Point discharges from surface water facilities onto or upstream from steep slope hazard areas that are also erosion hazard areas shall be prohibited except as follows:
((1.))a. conveyed via continuous storm pipe downslope to a point where there are no erosion hazard areas downstream from the discharge;
((2.))b. discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed stormwater runoff in the predeveloped state; or
((3.))c. dispersed discharge upslope of the steep slope onto a low-gradient undisturbed buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff((.));
12. The application of herbicides or other hazardous substances, if necessary, as approved by the department.
((F.)) C. The following are exempt from the provisions of this section and mitigation requirements in Sections 121-123 of this Ordinance:
1. Altering slopes which are forty percent or steeper with a vertical elevation change of up to ((20))twenty feet if no adverse impact will result from the exemption based on ((King County's)) the department's review of and concurrence with a ((soils report)) sensitive area report ((prepared by a geologist or geotechnical engineer)); and
2. ((the approved)) ((r))Regrading and stabilizing ((of any)) a slope ((which was created through previous)) formed as a result of a legal grading activit((ies))y, if the regrading or stabilization is also authorized as a legal grading activity. ((Any slope which remains)) If the resulting slope is forty percent or steeper, ((following site development)) it shall be subject to all requirements ((for)) applicable to steep slopes.
NEW SECTION. SECTION 111. There is added to K.C.C. 21A.24 a new section to read as follows:
Wetlands: Classifications. Wetlands shall be classified as follows:
A. Class 1 wetlands shall include wetlands which are assigned the Unique/Outstanding #1 rating in the current King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands which are used by species listed by the federal or state government as endangered or threatened or which have outstanding actual habitat for those species;
2. Are wetlands which have forty to sixty percent permanent open water in dispersed patches with two or more wetland vegetation classes;
3. Are wetlands which are equal to or greater than ten acres in size and have three or more wetland vegetation classes, one of which is an aquatic bed wetland; or
4. Are wetlands with plant associations of infrequent occurrence;
B. Class 2 wetlands shall include wetlands which are assigned the Significant #2 rating in the current King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands which are greater than one acre in size;
2. Are wetlands which are equal to or less than one acre in size and have three or more wetland vegetation classes, excluding such wetlands less than or equal to 2,500 square feet in size which are located within an area designated "urban" in the King County Comprehensive Plan;
3. Are wetlands with a forested wetland vegetation class and which are equal to or less than one acre in size, excluding such wetlands less than or equal to ((2,500))two thousand five hundred square feet in size which are located within an area designated urban in the King County Comprehensive Plan; or
4. Are wetlands which have present heron rookeries or raptor nesting trees;
C. Class 3 wetlands shall include wetlands which are assigned the Lesser Concern #3 rating in the current King County Wetlands Inventory or which are wetlands equal to or less than one acre in size and have two or fewer wetland vegetation classes, excluding such wetlands which are less than or equal to twenty five hundred square feet in size and are located within an area designated urban in the King County Comprehensive Plan; and
D. When the areas of any wetlands are hydrologically connected to each other and have contiguous buffers, they shall be added together to determine the wetland's size for wetland classification purposes.
SECTION 112. Ordinance 10870, Section 479, and K.C.C. 21A.24.320 are each hereby amended to read as follows:
Wetlands: ((D))development standards. ((A d))Development proposals and other alterations on ((a)) sites containing ((a)) wetlands or buffers shall ((meet)) comply with all applicable requirements set forth in this chapter including, but not limited to, mitigation requirements and the following ((requirements)) standards:
A. The following minimum buffers shall be established from the wetland edge:
1. A class 1 wetland shall have a (()) one hundred foot buffer;
2. A class 2 wetland shall have a (()) fifty foot buffer;
3. A class 3 wetland shall have a (()) twenty-five foot buffer;
4. Any wetland ((restored, relocated, replaced or enhanced because of a wetland alteration)) which is subject to a change of classification due to restoration, creation or enhancement shall have the minimum buffer required for the highest wetland class involved; and
5. Any wetland within ((25))twenty-five feet of the toe of a slope ((30% but less than 40%,)) thirty percent or greater and with a buffer which extends onto the slope shall have((:
a.)) the minimum buffer required for the wetland class involved ((or a 25-foot buffer beyond the top of the slope, whichever is greater, if the horizontal length of the slope including small benches and terraces is within the buffer for that wetland class; or
b. a 25-foot buffer beyond the minimum buffer required for the wetland class involved if the horizontal length of the slope including small benches and terraces extends beyond the buffer for that wetland class)) plus twenty-five feet unless the minimum buffer for the wetland class extends more than twenty-five feet beyond the top of the slope or unless the additional buffer fails to provide any additional protection to the wetland;
B. The minimum buffers may be reduced where an existing roadway which complied with law at the time it was built transects the buffer, and an applicant demonstrates to the department that the part of the buffer sought to be reduced on the side of the alteration farthest from the sensitive area does not provide additional protection to the proposed development or the sensitive area and does not perform any biological, geological or hydrological buffer functions;
((B.)) C. Buffer width averaging may be allowed by ((King County)) the department if:
1. It will increase wetland or buffer functions;
2. It will not adversely affect salmonid habitat;
3. ((i))It will provide additional natural resource protection ((to wetlands or enhance their functions,)) which may include buffer enhancement; and
4. ((as long as)) ((t))The total area contained in the buffer around each wetland on the development proposal site ((does)) is not decreased;
((C. Increased buffer widths shall be required by King County when necessary to protect wetlands. Provisions for additional buffer widths shall be contained in administrative rules promulgated pursuant to this chapter including, but not limited to, provisions pertaining to critical drainage areas, location of hazardous substances, critical fish and wildlife habitat, landslide or erosion hazard areas contiguous to wetlands, a groundwater recharge and discharge and the location of trail or utility corridors;))
1. A buffer may be increased as required by the department if the department determines that the standard buffer is insufficient to prevent wetland degradation and to protect the hydrologic and biologic functions of the wetland or any of the following unique wetland features. The buffer may be increased up to three hundred feet unless larger buffers are needed to protect federal- or state-listed threatened, endangered, priority or candidate priority wildlife species based on Washington Department of Fish and Wildlife priority habitats and species management recommendations, state or federal studies or best available scientific information. Unique wetland features which may be protected by increased buffers include:
a. documented occurrences of federal- or state-listed threatened or endangered plant species or plant species of concern found in the wetland or its buffer;
b. documented occurrences of federal- or state-listed threatened, endangered, priority or candidate priority wildlife species found in the wetland or its buffer, including races or species of fish, spawning or breeding sites, colonial or communal roosts, areas of regular concentration or species, such as the western pond turtle (Clemmys marmorata), confined to a wetland habitat;
c. salmonid spawning or rearing areas;
d. high quality native wetlands, as documented by the Washington Natural Heritage Program or its successor program;
e. wetlands or their buffers which:
(1) show no evidence of human-caused changes to topography or hydrology such as clearing, grading, filling, logging, dredging, diking, drainage of the wetland or the presence of culverts or ditches;
(2) currently have fewer than five percent nonnative plants which appear to be invading; and
(3) have no significant evidence of human-caused degradation of the water quality of the system;
f. wetlands having at least one-half acre of contiguous relatively undisturbed bog or fen with a cover of invasive species which is less than ten percent;
g. forested wetlands where at least fifty percent of the forest canopy:
(1) contains evergreen trees which are more than eighty years old or deciduous trees which are more than fifty years old; or
(2) consists of trees taller than fifty feet, and the structural diversity is high as characterized by a multilayer community consisting of trees greater than fifty feet tall, trees between twenty and forty-nine feet tall, shrubs and herbaceous groundcover;
h. wetlands or their buffers containing eel grass (Zostera marina); or
i. wetlands in a locally or regionally significant resource area designated in an adopted basin plan; and
2. A buffer may be increased as required by the department if the department determines that the standard buffer is insufficient to protect the wetland from hazardous substances, landslide, erosion or steep slope hazards and adverse impacts from trail, road or utility corridors. The determination to increase the buffer and the determination as to the size of buffer shall be based upon the following:
a. the class of wetland;
b. the severity of the hazard to or adverse impacts upon the wetland; and
c. the proximity of the hazard, trail, road or utility corridor;
((D. The use of hazardous substances, pesticides and fertilizers in the wetland and its buffer may be prohibited by King County;))
E. Unless otherwise provided or as a necessary part of an approved alteration, removal of any vegetation from a wetland or buffer shall be prohibited;
F. There shall be no introduction of any plant or wildlife which is not indigenous to the Puget Sound region into any wetland or buffer unless authorized by a state or federal permit or approval;
((E.)) G. Unless otherwise provided, the following ((restrictions)) standards shall apply to all development proposals and other alterations which include the introduction of livestock((:
1. To prevent)) , for the purpose of preventing damage to ((class 1 and 2)) wetlands:
((a.)) 1. ((a))A plan to protect and enhance the wetland's water quality shall be implemented pursuant to K.C.C. chapter 21A.30; or
((b.)) 2. ((f))Fencing located not closer than the buffer edge shall be required except that barrier fencing shall not be required in the floodplain of the Snoqualmie River; and
2.)) 3. ((Standards pertaining to access to streams for watering purposes, stream crossing requirements and)) the use of natural barriers and vegetative buffering in lieu of fencing shall be ((included in administrative rules promulgated pursuant to this chapter)) in compliance with K.C.C. chapter 21A.30; and
((F.)) H. The livestock restrictions contained in subsection ((E.)) G shall not apply to wetlands defined as grazed wet meadows, regardless of their classification.
SECTION 113. Ordinance 10870, Section 480, as amended and K.C.C. 21A.24.330 are each hereby amended to read as follows:
Wetlands: permitted alterations. Alterations to wetlands and buffers may be allowed pursuant to applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only (( K.C.C. 21A.24.075 or)) as follows:
((A. Alterations may be permitted if King County determines, based upon its review of special studies completed by qualified professionals, that:
1. The wetland does not serve any of the valuable functions of wetlands identified in K.C.C. 21A.06.1415 including, but not limited to, biologic and hydrologic functions; or
2. The proposed development will:
a. protect, restore or enhance the wildlife habitat, natural drainage or other valuable functions of the wetland resulting in a net improvement to the functions of the wetland system;
b. develop a plan for its design, implementation, maintenance and monitoring prepared by a civil engineer and a qualified biologist;
c. perform the restoration or enhancement under the direction of a qualified biologist; and
d. will otherwise be consistent with the purposes of this chapter.
B. To establish the conditions in subsection A., detailed studies may be required as part of the special study on habitat value, hydrology, erosion and deposition and/or water quality. Such detailed studies shall include specific recommendations for mitigation which may be required as a condition of any development proposal approval. The recommendations may include, but are not limited to, construction techniques or design, drainage or density specifications;
C. If a wetland is in a flood hazard area, the applicant shall notify affected communities and native tribes of proposed alterations prior to any alteration and submit evidence of such notification to the Federal Insurance Administration;
D. There shall be no introduction of any plant or wildlife which is not indigenous to King County into any wetland or buffer unless authorized by a state or federal permit or approval;
E.)) A. Public and private ((Utilities)) utility corridors ((may be allowed)) in wetland buffers if:
1. ((King County)) The department determines that there is no practical alternative location ((is available)) with less adverse impact on the wetland or its buffer; ((and))
2. The utility corridor is not located in a buffer where the buffer or associated wetland is used as a salmonid spawning area or by species listed as endangered or threatened by the state or federal government or contains critical or outstanding actual habitat for those species or heron rookeries or raptor nesting trees;
3. The construction area and resulting utility corridor ((meets any additional requirements set forth in administrative rules including, but not limited to, requirements for installation, replacement of vegetation and maintenance)) are the minimum widths practical;
4. Except as provided in K.C.C. 21A.24.330I, the utility corridor is located within the outer one-third of the buffer or within a roadway, the improved area of an existing utility corridor or the improved area of an approved trail;
5. The wetland and its buffer are protected during utility corridor construction and maintenance;
6. The utility corridor is aligned to avoid cutting trees greater than twelve inches in diameter at breast height, when possible;
7. Vegetation removal is limited to the minimum necessary to construct the corridor;
8. Vegetation removal for the purpose of corridor maintenance is the minimum necessary to maintain the utility's function;
9. Any corridor access for maintenance is at specific points into the buffer rather than by a parallel road, to the maximum extent practical;
10. If the department determines that a parallel maintenance road is necessary, the following conditions shall be complied with:
a. the width of the roadway shall be as small as possible and not greater than fifteen feet; and
b. the location of the roadway shall be contiguous to the utility corridor on the side farthest from the wetland;
((F.)) 11. Additional requirements for ((S))sewer utility and public water distribution corridors ((may be allowed in wetland buffers only if)) are complied with, as follows:
((1. The applicant demonstrates that sewer lines are necessary for gravity flow;
2. The corridor is not located in a wetland or buffer used by species listed as endangered or threatened by the state or federal government or containing critical or outstanding actual habitat for those species or heron rookeries or raptor nesting trees;
3. The corridor alignment including, but not limited to, any allowed maintenance roads follows a path beyond a distance equal to seventy five percent of the buffer width from the wetland edge));
a. if the sewer utility or public water distribution corridor cannot be located in the outer one-third of the buffer due to gravity flow requirements, it may be located in another part of the buffer with less adverse impact to the wetland; and
((4. Corridor construction and maintenance protects the wetland and buffer and is aligned to avoid cutting trees greater than twelve inches in diameter at breast height, when possible, and pesticides, herbicides and other hazardous substances are not used;
5.)) b. an additional, contiguous and undisturbed buffer, equal in width to that part of the proposed sewer utility or public water distribution corridor located in the original wetland buffer including any allowed maintenance roads, is provided to protect the wetland;
((6. The corridor is revegetated with appropriate vegetation native to King County at preconstruction densities or greater immediately upon completion of construction or as soon thereafter as possible, and the sewer utility ensures that such vegetation survives;
7. Any additional corridor access for maintenance is provided, to the extent possible, at specific points rather than by a parallel road; and
8. The width of any necessary parallel road providing access for maintenance is as small as possible, but not greater than fifteen feet, the road is maintained without the use of herbicides, pesticides or other hazardous substances, and the location of the road is contiguous to the utility corridor on the side away from the wetland;))
((G.)) B. Joint use of an approved ((sewer)) utility corridor by other utilities ((may be allowed.));
((H.)) C. ((The following surface water management activities and facilities may be allowed in wetland or their buffers only as follows:
1. s))Surface water conveyance or discharge ((to a wetland from a flow control or water quality facility, sediment pond or other surface water management activity or facility may be allowed)) in the buffer if the department finds that:
1. ((t))The discharge does not:
a. increase the rate of flow((,)) above the predevelopment rate;
b. change the plant composition in a bog, fen or ((forested)) wetland with a forested wetland vegetation class; ((or))
c. decrease the water quality of the wetland; and
d. decrease the quality of salmonid spawning and rearing areas; and
2. Conveying the surface water through the buffer and discharging at the wetland edge has less adverse impact upon the sensitive area or buffer than if the surface water were discharged at the buffer's edge and allowed to naturally drain through the buffer;
((2. A class 1, 2 or 3 wetland or buffer may be used for a regional flow control facility if:
a. a public agency and utility exception is granted pursuant to K.C.C. 21A.24.070;
b. all requirements of the Surface Water Design Manual are met;
c. the use will not alter the rating or the factors used in rating the wetland;
d. the proposal is in compliance with the latest adopted findings of the Puget Sound Wetlands Research Project; and
e. there are no significant adverse impacts to the wetland;
3. Isolated class 3 wetlands and/or buffers which are grazed wet meadows may be used as a flow control facility if:
a. presettlement or water quality treatment is required prior to flow into a wetland, and
b. they are not part of an LSRA, RSRA or a designated wildlife habitat corridor and all requirements of the Surface Water Design Manual are met; and
4. Use of a wetland buffer for a surface water management activity or facility, other than a flow control or water quality facility, such as an energy dissipater and associated pipes, may be allowed only if the applicant demonstrates, to the satisfaction of King County, that:
a. no practicable alternative exists; and
b. the functions of the buffer or the wetland are not adversely affected;))
((I.)) D. Public and private trails ((may be allowed)) in wetland buffers ((only upon adoption of)), in compliance with requirements set forth in administrative rules ((consistent)) and with the following:
1. The trail surface shall not be made of impervious materials, except that public multi((-))purpose trails such as the Burke-Gilman Trail may be made of impervious materials if they meet all other requirements including water quality standards set forth in K.C.C. chapter 9.12; and
2. Buffers shall be expanded, where possible, equal to the width of the trail corridor including disturbed areas;
((J.)) E. A dock, pier, moorage, float or launch facility ((may be allowed)) in a wetland, buffer or building setback area which occurs along a lake shoreline and is on or associated with a lot created prior to the adoption of this Ordinance, subject to the provisions of K.C.C. Title 25, if:
1. The existing and zoned density ((around)) of all properties abutting the ((wetland is)) entire lake shoreline averages three dwelling units per acre or more;
2. At least seventy-five percent of the lots ((around the wetland)) abutting the shoreline or seventy-five percent of the lake frontage, whichever constitutes the most lake frontage, ((have)) has been ((built upon and)) developed with dwelling units;
3. No significant ((buffer or wetland)) vegetation remains ((on these lots)) in the wetland or buffer which is located along the lake shoreline of the lot where the alteration is proposed, provided that the loss of vegetation was not the result of any violation of law; and
4. The wetland is not a salmonid spawning area;
((3. open water is a significant component of the wetland;))
((K. Alterations to isolated wetlands may be allowed only as follows:))
F. Isolated wetlands may be altered, as follows:
1. Subject to K.C.C. 21A.330F.2, ((O))on sites ((of)) less than twenty acres ((in size)), one isolated class 3 wetland and its buffer may be filled or altered, ((by relocating its functions into a new wetland on the site pursuant to an approved mitigation plan; and)) and ((2.)) on sites twenty acres or greater ((in size)), up to three isolated class 3 wetlands and their buffers may be filled or altered ((by combining their functions into one or more replacement wetlands on the site pursuant to an approved mitigation plan; and)), if:
a. the wetland is not part of, or immediately adjacent to, a locally or regionally significant resource area designated in an adopted basin plan or a wildlife habitat corridor designated in the comprehensive plan; and
b. the wetland is located within an area designated "rural" in the King County comprehensive plan and has a total size less than or equal to two thousand five hundred square feet, excluding its buffer; or
c. the wetland is located within an area designated "urban" in the King County comprehensive plan and has a total size less than or equal to five thousand square feet, excluding its buffer;
2. Any isolated wetland in an area designated rural in the King County comprehensive plan which is one thousand square feet or smaller may be filled or altered; and
3. If the alteration to any wetland under this subsection is a flow control facility, the water shall be pretreated to remove at least fifty percent of the total suspended solids;
((3. Whenever an isolated wetland is altered pursuant to this subsection, the replacement wetland shall include enhancement for wildlife habitat;))
((L.)) G. One additional agricultural building or associated ((residence may be allowed)) dwelling unit within the wetland buffer ((on)) of a grazed wet meadow ((if all hydrologic storage is replaced on the site)) which has been grazed continuously since November 27, 1990 only if it is not possible to locate the building or dwelling outside the buffer;
((M.)) H. The following vegetation removal activities:
((Subject to a clearing and grading permit issued pursuant to K.C.C. 16.82, the cutting of up to one cord of firewood may be permitted in buffers of five acres or larger in any year if the overall function of the buffer is not adversely affected. Removal of brush may also be permitted for the purpose of enhancing tree growth if the area of removal is limited to the diameter of the tree canopy at the time of planting; and))
1. Where not exempt, the removal of noxious weeds from wetlands and their buffers;
2. The removal of the following vegetation from wetlands and their buffers with hand labor and light equipment:
a. white water lily (Nymphaea odorata);
b. Himalayan blackberry (Rubus discolor, R. procerus); and
c. evergreen blackberry (Rubus laciniatus);
3. The removal of vegetation from wetland buffers, only as necessary, for surveying purposes; and
4. The removal of hazard trees from wetlands and buffers, as determined by the department;
((N.)) I. Wetland and buffer road and underground utility crossings ((may be allowed)) if:
1. ((King County)) The department determines that there is no feasible alternative ((access)) location outside the sensitive area or buffer with less adverse impact on the wetland or its buffer;
((2. All crossings minimize impact to the wetland and provide mitigation for unavoidable impacts through restoration, enhancement or replacement of disturbed areas;))
((3.)) 2. The ((C))crossing((s)) does not change the overall wetland hydrology;
((4.)) 3. The ((C))crossing((s)) does not diminish the flood storage capacity of the wetland; ((and))
((5.)) 4. The ((C))crossing((s are)) is constructed during the summer low ((water)) flow period((.));
5. The crossing is located where it has the least adverse impact on the wetland and buffer which generally will be the shortest distance across the wetland or its buffer;
6. The crossing is not located over salmonid rearing or spawning habitat unless the department determines that there is no other possible crossing site;
7. Vegetation removal is limited to the minimum necessary to construct the crossing;
8. Vegetation removal for the purpose of the crossing's maintenance is the minimum necessary to maintain the utility's function;
9. Additional requirements for underground utility crossings are complied with, as follows:
a. trench dams or other equivalent techniques approved by the department shall be placed along the utility corridor to avoid draining the wetland;
b. the crossing is made in a manner which and located where it will not alter salmonid rearing habitat; and
c. crossings shall also comply with all applicable requirements for utility corridors set forth in K.C.C. 21A.24.330A; and
10. Crossings are minimized and serve multiple purposes and properties whenever possible;
((O.)) J. ((Reconstruction, remodeling, or replacement of existing structures.)) Reconstruction, remodeling((,)) or replacement of an existing structure upon another portion of an existing impervious surface which was established pursuant to ((King County)) law((s and regulations may be allowed provided)) if:
1. ((if)) ((W))within the buffer, the structure is located no closer to the wetland than the existing structure((,)); and
2. The existing impervious surface within the buffer or wetland is not expanded as a result of the reconstruction, remodeling or replacement((.));
((P.)) K. Wetland enhancement or restoration ((not associated with any other development proposal)), which is not mitigation and which is not preempted from county regulation pursuant to RCW 75.20.350, ((may be allowed)) if accomplished according to a plan for its design, implementation, maintenance and monitoring. The department may require that the plan be prepared by a civil engineer and a ((qualified biologist)) wetland scientist and carried out under the direction of a ((qualified biologist)) wetland scientist. Restoration or enhancement ((must)) shall be approved only if it results in a net improvement to the functions of the wetland system((;)) and if it is in compliance with wetland restoration standards set forth in Section 127 of this Ordinance;
L. Livestock manure storage facilities and associated nonpoint source pollution facilities in grazed wet meadows or their buffers if:
1. The facilities are designed to the standards of and approved in a conservation plan by the King Conservation District;
2. There is no practical alternative site outside the grazed wet meadow and its buffer; and
3. The facilities are located as close to the outside edge of the buffer as practical;
M. Exploratory drilling and testing, involving only necessary and limited clearing and grading, for the purpose of preparing sensitive area reports; and
((Q. A minor wetland restoration project for fish habitat enhancement may be allowed if:
1. The restoration is sponsored by a public agency with a mandate to do such work;
2. The restoration is not associated with mitigation of a specific development proposal;
3. The restoration is limited to revegetation of wetlands and their buffers and other specific fish and wildlife habitat improvements that result in a net improvement to the functions of the wetland system;
4. The restoration only involves the use of hand
labor and light equipment, or the use of helicopters and cranes which deliver supplies to the project site, provided that they have no contact with any sensitive areas or their buffers; and
5. The restoration is performed under the direction of a qualified biologist.))
N. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the department.
SECTION 114. Ordinance 10870, Section 481, as amended and K.C.C. 21A.24.340 are each repealed.
SECTION 115. Ordinance 11621, Section 72, and K.C.C. 21A.24.345 are each repealed.
SECTION 116. Ordinance 10870, Section 482, and K.C.C. 21A.24.350 are each repealed.
NEW SECTION. SECTION 117. There is added to K.C.C. 21A.24 a new section to read as follows:
Streams: Classifications. A. Streams shall be classified as follows:
1. Class 1 streams shall include streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to chapter 90.58 RCW;
2. Class 2 streams shall include:
a. streams which are smaller than class 1 streams and which flow year-round during years of normal rainfall; and
b. streams which are intermittent or ephemeral during years of normal rainfall and which are used by salmonids; and
3. Class 3 streams shall include streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.
B. For purposes of the above stream classifications,
normal rainfall shall mean rainfall that is at or within ten percent of the mean of the accumulated annual rainfall record, based upon the water year for King County (October 1 - September 30) as recorded at the Seattle-Tacoma International Airport or the official rain gauge operated by a governmental agency nearest to the site.
SECTION 118. Ordinance 10870, Section 483, as amended and K.C.C. 21A.24.360 are each hereby amended to read as follows:
Streams: development standards. ((A d))Development proposals and other alterations on ((a)) sites containing ((a)) streams or buffers shall ((meet)) comply with the following ((requirements)) standards:
A. The following minimum buffers shall be established from the ordinary high water mark or from the top of the bank if the ordinary high water mark cannot be identified:
1. A class 1 stream shall have a ((100-))one hundred foot buffer;
2. A class 2 stream used by salmonids shall have a ((100-)) one hundred foot buffer;
3. A class 2 stream not used by salmonids shall have a ((50-)) fifty foot buffer;
4. A class 3 stream shall have a ((25-))twenty-five foot buffer;
5. In the Bear Creek Basin((,)):
a. a class 1 ((and)) or 2 stream((s)) used by salmonids((,)) shall have a ((150-)) one hundred fifty foot buffer;
((6. In the Bear Creek Basin,)) b. a class 2 stream not used by salmonids((,)) shall have a ((100-)) one hundred foot buffer; and
((7. In the Bear Creek Basin,)) c. a class 3 stream shall have a ((50-))fifty foot buffer except in ((designated)) regionally significant resource areas designated in adopted basin plans where a class 3 steam shall have a ((100-)) one hundred foot buffer;
((8.)) 6. Any stream ((restored, relocated, replaced or enhanced because of a stream alteration)) which is subject to a change of classification due to restoration, relocation or enhancement shall have the minimum buffer required for the highest stream class involved;
((9.)) 7. Any stream with an ordinary high water mark within ((25)) twenty-five feet of the toe of a slope ((30%, but less than 40%,)) thirty percent or greater and with a buffer which extends onto the slope shall have((:
a.)) the minimum buffer required for the stream class involved ((or a 25-foot buffer beyond the top of the slope, whichever is greater, if the horizontal length of the slope including small benches and terraces is within the buffer for that stream class; or
b. a 25-foot buffer beyond the minimum buffer required for the stream class involved if the horizontal length of the slope including small benches and terraces extends beyond the buffer for that stream class)) plus twenty-five feet unless the minimum buffer for the stream class extends more than twenty-five feet beyond the top of the slope or unless the additional buffer fails to provide any additional protection to the stream; and
((10.)) 8. Any stream adjoined by a riparian wetland or other contiguous sensitive area shall have the buffer required for the stream class involved or the buffer which applies to the wetland or other sensitive area, whichever is greater;
B. The minimum buffers may be reduced where an existing roadway which complied with law at the time it was built transects the buffer of a stream, and an applicant demonstrates to the department that the part of the buffer sought to be reduced on the side of the alteration farthest from the sensitive area does not provide additional protection to the proposed development or the sensitive area and does not perform any biological, geological or hydrological buffer functions;
C. Buffer width averaging may be allowed by ((King County)) the department if:
1. It will increase stream or buffer functions;
2. It will not adversely affect salmonid habitat;
3. ((i))It will provide additional natural resource protection((,)); and
4. ((as long as)) ((t))The total area contained in the buffer of each stream on the development proposal site ((does)) is not decreased;
((C. Increased buffer widths shall be required by King County when necessary to protect streams. Provisions for additional buffer widths shall be contained in administrative rules promulgated pursuant to this chapter including, but not limited to, critical drainage areas, location of hazardous substances, critical fish and wildlife habitat, landslide or erosion hazard areas contiguous to streams, groundwater recharge and discharge and the location of trail or utility corridors;))
D. Buffers may be increased, as follows:
1. A buffer may be increased as required by the department if the department determines that the standard buffer is insufficient to prevent stream degradation and to protect the hydrologic and biologic functions of the stream or any of the following unique stream features. The buffer may be increased up to three hundred feet unless larger buffers are needed to protect federal- or state-listed threatened, endangered, priority or candidate priority wildlife species based on Washington Department of Fish and Wildlife priority habitats and species management recommendations, state or federal studies or best available scientific information. Unique stream features which may be protected by increased buffers include:
a. documented occurrences of federal- or state-listed threatened, endangered, priority or candidate priority wildlife species found in the stream or its buffer, including races or species of fish, spawning or breeding sites, colonial or communal roosts, areas of regular concentration or species confined to a stream habitat;
b. the presence of salmonids of local importance including, but not limited to, salmonids of importance to and subject to the treaty rights of a federally recognized tribe;
c. herons or raptors of local importance supported by the stream or habitat it provides;
d. a stream channel which, at the ordinary high water mark, is at least five feet wide, and the channel and buffer are of pristine or near-pristine quality, as evidenced by the following:
(1) there are no human-caused changes to topography or hydrology such as clearing, grading, filling, logging, dredging, diking or the presence of culverts or ditches;
(2) there are fewer than five percent nonnative plants which appear to be invading; and
(3) there is little or no human-caused degradation of the water quality of the stream or stream system; and
e. the stream is within a locally or regionally significant resource area designated in an adopted basin plan;
2. A buffer may be increased as required by the department if the department determines that the standard buffer is insufficient to protect the stream from hazardous substances, landslide, erosion or steep slope hazards and adverse impacts from trail, road or utility corridors. The determination to increase the buffer and the determination as to the size of buffer shall be based upon the following:
a. the class of stream;
b. the severity of the hazard to or adverse impacts upon the stream; and
c. the proximity of the hazard, trail, road or utility corridor;
((D. The use of hazardous substances, pesticides and fertilizers in the stream corridor and its buffer may be prohibited by King County; and))
E. Unless otherwise provided or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a stream or buffer shall be prohibited;
F. There shall be no introduction of any plant or wildlife which is not indigenous to the Puget Sound region into any stream or buffer unless authorized by a state or federal permit or approval; and
((E.)) G. ((The livestock restrictions in K.C.C. 21A.24.320 shall also apply to class 1 and 2 streams and their buffers except that barrier fencing shall not be required in the floodplain of the Snoqualmie River.)) Unless otherwise provided, the following standards shall apply to all development proposals and other alterations which include the introduction of livestock:
1. A plan to protect and enhance the stream's water quality shall be implemented pursuant to K.C.C. chapter 21A.30; or
2. Fencing located not closer than the buffer edge shall be required except that barrier fencing shall not be required in the floodplain of the Snoqualmie River; and
3. Access to streams for watering purposes, stream crossing requirements and the use of natural barriers and vegetative buffering in lieu of fencing shall be in compliance with K.C.C. chapter 21A.30.
SECTION 119. Ordinance 10870, Section 484, as amended and K.C.C. 21A.24.370 are each hereby amended to read as follows:
Streams: ((P))permitted alterations. Alterations to streams and buffers may be allowed pursuant to ((K.C.C. 21A.24.075 or)) applicable permits or approvals and subject to mitigation requirements set forth in this chapter, only as follows:
((A. Alterations may only be permitted if based upon a special study;))
((B. The applicant shall notify affected communities and native tribes of proposed alterations prior to any alteration if a stream is in a flood hazard area and shall submit evidence of such notification to the Federal Insurance Administration;))
((C. There shall be no introduction of any plant or wildlife which is not indigenous to King County into any stream or buffer unless authorized by a state or federal permit or approval;))
((D.)) A. ((Utilities)) Utility corridors ((may be allowed)) in stream buffers if:
1. The department determines that there is no practical alternative location ((is available)) with less adverse impact on the stream or its buffer;
2. The utility corridor is not located in a buffer where the buffer or associated stream is used by species listed as endangered or threatened by the state or federal government or contains critical or outstanding actual habitat for those species or heron rookeries or raptor nesting trees;
3. The construction area and resulting utility corridor ((meets any additional requirements set forth in administrative rules including, but not limited to, requirements for installation, replacement of vegetation and maintenance)) are the minimum widths practical;
4. Except as provided in K.C.C. 21A.24.370E, the utility corridor is located within the outer one-third of the buffer or within a roadway, the improved area of an existing utility corridor or the improved area of an approved trail;
5. The stream and its buffer are protected during utility corridor construction and maintenance;
6. The utility corridor is aligned to avoid cutting trees greater than twelve inches in diameter at breast height, when possible;
7. Vegetation removal is limited to the minimum necessary to construct the corridor;
8. Vegetation removal for the purpose of corridor maintenance is the minimum necessary to maintain the utility's function;
9. Any corridor access for maintenance is at specific points into the buffer rather than by a parallel road, to the maximum extent practical;
10. If the department determines that a parallel maintenance road is necessary, the following conditions shall be complied with:
a. the width of the roadway shall be as small as possible, but not greater than fifteen feet; and
b. the location of the roadway shall be contiguous to the utility corridor on the side farthest from the stream;
11. Additional requirements for sewer utility and public water distribution corridors ((The requirements for sewer utility corridors in K.C.C. 21A.24.330 shall also apply to streams; and)) are complied with, as follows:
a. if the sewer utility or public water distribution corridor cannot be located in the outer one-third of the buffer due to gravity flow requirements, it may be located in another part of the buffer with the least adverse impact to the stream; and
b. an additional, contiguous and undisturbed buffer, equal in width to that part of the proposed sewer utility or public water distribution corridor located in the stream or original stream buffer including any allowed maintenance roads, is provided to protect the stream;
((4.)) B. Joint use of an approved ((sewer)) utility corridor by other utilities ((may be allowed.));
((E.)) C. ((The following surface water management activities and facilities may be allowed in stream buffers as follows:))
((1. )) Surface water conveyance or discharge ((to a stream from a flow control or water quality treatment facility, sediment pond or other surface water management activity or facility may be allowed)) in the buffer if ((the discharge is in compliance with the Surface Water Design Manual;)) the department finds that:
1. the discharge does not:
a. increase the rate of flow above the predevelopment rate;
b. decrease the water quality of the stream; and
c. decrease the quality of salmonid spawning areas; and
2. Conveying the surface water through the buffer and discharging at the stream edge has less adverse impact upon the sensitive area or buffer than if the surface water were discharged at the buffer's edge and allowed to naturally drain through the buffer;
((2. A class 2 stream or buffer may be used for a stormwater management facility if:
a. a public agency and utility exception is granted pursuant to K.C.C. 21A.24.070;
b. all requirements of the Surface Water Design Manual are met;
c. the use will not alter the rating or the factors used in rating the stream;
d. there are no significant adverse impacts to the stream; and
3. a class 3 stream or buffer may be used as a regional stormwater management facility if the alteration will have no lasting adverse impact on any stream and all requirements of the Surface Water Design Manual are met;))
((F.)) D. Except as provided in ((subsection G)) K.C.C. 21A.24.370E, public and private trails ((may be allowed)) in stream buffers ((only upon adoption of administrative rules consistent with)) in compliance with requirements set forth in administrative rules and with the following:
1. The trail surface shall not be made of impervious materials, except that public multi((-))purpose trails such as the Burke-Gilman Trail may be made of impervious materials if they meet all other requirements including water quality standards set forth in K.C.C. chapter 9.12; and
2. Buffers shall be expanded, where possible, equal to the width of the trail corridor including disturbed areas;
((G.)) E. Stream and buffer crossings ((may be allowed and may encroach on the otherwise required stream buffer)) if:
1. The department determines that there is no feasible alternative location outside the sensitive area with less adverse impact on the stream or its buffer;
2. ((All)) The crossing((s)) uses bridges or other construction techniques which do not disturb the stream bed or bank, except that bottomless culverts or other appropriate methods demonstrated to provide fish((eries protection)) passage may be used for class 2 or 3 streams if the applicant demonstrates that such methods and their implementation will pose no harm to the stream or inhibit migration of fish;
((2.)) 3. ((All)) The crossing((s are)) is constructed during the summer low flow period and ((are)) is timed to avoid stream disturbance during periods when ((use is)) critical to salmonids;
((3.)) 4. The crossing is located where it has the least adverse impact on the stream and buffer which generally will be the shortest distance across the stream or its buffer;
5. ((Crossings do)) The crossing is not ((occur)) located over or through a salmonid spawning area((s)) unless ((King County)) the department determines that no other possible crossing site exists;
6. Trail crossings shall comply with all applicable requirements for trails set forth in K.C.C. 21A.24.370D and administrative rules promulgated thereunder;
((4.)) 7. Bridge piers or abutments are not placed within the FEMA floodway or the ordinary high water mark;
((5.)) 8. The crossing((s)) does not diminish the flood-carrying capacity of the stream;
9. Vegetation removal is limited to the minimum necessary to construct the crossing.
10. Vegetation removal for the purpose of the crossing's maintenance is the minimum necessary to maintain the utility's function;
((6.)) 11. Additional requirements for underground utility crossings are complied with, as follows:
a. the construction corridor and resulting utility corridor shall be the minimum widths possible; and
b. the crossing shall be laterally drilled and located at a depth of at least four feet below the maximum depth of scour for the base flood predicted by a civil engineer ((licensed by the state of Washington.)) except that ((T))temporary bore pits to ((perform)) construct such crossing((s)) may be permitted within the ((stream)) buffer ((established in K.C.C. 21A.24.360.)), and a ((C))crossing of a class 3 stream((s when dry)) may be made with open cuts when the stream is dry; and
c. utility crossings shall comply with all applicable requirements for utility corridors set forth in K.C.C. 21A.24.370A; and
((7.)) 12. Crossings are minimized and serve multiple purposes and properties whenever possible;
((H.))F. Stream relocations ((may be allowed)) only for((:
1. Class 2 streams as part of a public road project for which a public agency and utility exception is granted pursuant to K.C.C. 21A.24.050; and
2.)) Class 3 streams for the purpose of enhancing resources in the stream including, but not limited to, wildlife habitat or water quality if:
((a.)) 1. Appropriate floodplain protection measures are used; and
((b.)) 2. ((t))The relocation occurs on the site, except that relocation off the site may be allowed if the applicant:
a. demonstrates that any on-site relocation is ((impracticable)) impractical((,));
b. ((the applicant)) provides all necessary easements and waivers from affected property owners; and
c. demonstrates that the off-site location is in the same drainage subbasin as the original stream; and
((I.)) 3. ((For any relocation allowed by this section,)) ((t))The applicant ((shall)) demonstrates, based on information provided by a civil engineer and a ((qualified biologist)) stream scientist, that:
((1.)) a. ((T))the equivalent base flood storage volume and function will be maintained;
((2.)) b. ((T))there will be no adverse impact to local groundwater;
((3.)) c. ((T))there will be no increase in velocity;
((4.)) d. ((T))there will be no interbasin transfer of water;
((5.)) e. ((T))there will be no increase in the sediment load;
((6. requirements set out in the mitigation plan are met;))
((7.)) f. ((T))the relocation conforms to ((other)) all applicable laws; and
((8.)) g. ((A))all work ((will be)) is carried out under the direct supervision of a ((qualified biologist)) stream scientist;
((J.)) G. Stabilization of ((A)) a stream channel ((may be stabilized if)):
1. Pursuant to the stream bank stabilization standards of K.C.C. 21A.24.250 and 275; and
2. Done in a manner which minimizes or avoids any adverse impact to salmonid habitat and is limited to only that necessary to eliminate the specific threat. Stream bank stabilization projects shall be consistent with King County's Guidelines for Bank Stabilization Projects (King County Surface Water Management 1993) and shall use bioengineering to the maximum extent possible; and
3. If the department determines that stream channel stabilization is necessary to protect ((Movement of the stream channel threatens existing residential or commercial structures, public facilities or improvements,)) unique natural resources or ((the only existing access to property)) salmonid habitat; ((and
2. The stabilization is done in compliance with the requirements of K.C.C. 21A.24.230 trough 21A.24.270 and administrative rules promulgated pursuant to this chapter));
((K.)) H. Stream enhancement or restoration ((not associated with any other development proposal)), which is not mitigation and which is not preempted from county regulation pursuant to RCW 75.20.350, ((may be allowed)) if accomplished according to a plan for its design, implementation, maintenance and monitoring. The department may require that the plan be prepared by a civil engineer and a ((qualified biologist)) stream scientist and carried out under the direction of a ((qualified biologist)) stream scientist. Restoration or enhancement shall be approved only if it results in a net improvement to the functions of the stream system and if it is in compliance with stream restoration standards set forth in Section 129 of this Ordinance;
((L. A minor stream restoration project for fish habitat enhancement may be allowed if:
1. The restoration is sponsored by a public agency with a mandate to do such work;
2. The restoration is unassociated with mitigation of a specific development proposal;
3. The restoration is limited to placement of rock weirs, log controls, spawning gravel and other specific salmonid habitat improvements;
4. The restoration only involves the use of hand labor and light equipment((;)) or the use of helicopters and cranes which deliver supplies to the project site provided that they have no contact with sensitive areas or their buffers; and
5. The restoration is performed under the direction of a qualified biologist;))
((M.)) I. Maintenance and enhancement of ((R))roadside and agricultural ((drainage)) ditches which ((carry streams with)) are used by salmonids ((may be maintained through use of best management practices developed in consultation with relevant county, state and federal agencies. These practices shall be adopted as administrative rules;)), in compliance with ditch standards set forth in administrative rules;
((N.)) J. The following vegetation removal activities: ((Subject to a clearing and grading permit issued pursuant to K.C.C. chapter 16.82, the cutting of up to one cord of firewood may be permitted in buffers of five acres or larger in any year if the overall function of the buffer is not adversely affected. Removal of brush may also be permitted for the purpose of enhancing tree growth if the area of removal is limited to the diameter of the tree canopy at the time of planting.))
1. Where not exempt, the removal of noxious weeds from streams and their buffers;
2. The removal of the following vegetation from streams and their buffers with hand labor and light equipment:
a. Himalayan blackberry (Rubus discolor, R. procerus); and
b. evergreen blackberry (Rubus laciniatus);
3. The removal of vegetation from stream buffers, only as necessary, for surveying purposes; and
4. The removal of hazard trees from stream buffers, as determined by the department;
((O.)) K. ((Reconstruction, remodeling, or replacement of existing structures.)) Reconstruction, remodeling((,)) or replacement of an existing structure upon another portion of an existing impervious surface which was established pursuant to ((King County)) law((s and regulations may be allowed provided)) if:
1. ((If)) Within the buffer, the structure is located no closer to the stream than the existing structure((,)); and
2. The existing impervious surface within the buffer or stream is not expanded as a result of the reconstruction, remodeling or replacement((.));
L. High flow bypass tightlines to protect the stream from erosion if there is no practical alternative and the following standards are complied with:
1. The tightline shall be routed outside the stream buffer except to reach the inlet from and outlet to the tightline;
2. An energy dissipater shall be located outside the active stream channel and the ordinary high water mark and designed so that the bypassed water reenters the stream with minimum adverse impact. The department may require that a side channel be used which provides high flow refuge if salmonids are present;
3. The design shall maintain predevelopment flows;
4. The channel shall be stabilized, as required by the department, with woody debris and native vegetation, bioengineering or other similar techniques;
5. An adjustable flow splitter shall be located at the inlet to the tightline, and flows shall be adjusted to maintain the stream's biological functions; and
6. A maintenance plan, approved by the department, shall be required to insure the maintenance of flow and the continued operation of the high flow bypass tightline;
M. Exploratory drilling and testing, involving only necessary and limited clearing and grading, for the purpose of preparing sensitive area reports; and
N. The application of herbicides, pesticides, organic or mineral-derived fertilizers or other hazardous substances, if necessary, as approved by the department.
SECTION 120. Ordinance 10870, Section 485, and K.C.C. 21A.24.380 are each repealed.
NEW SECTION. SECTION 121. There is added to K.C.C. 21A.24 a new section to read as follows:
Mitigation requirement. A. Unless otherwise provided, the applicant shall mitigate adverse impacts to or from sensitive areas and buffers resulting from a development proposal or alteration.
B. Mitigation applicable to wetlands and streams shall be approved according to the following sequence:
1. Avoiding the impact by not taking a certain action;
2. Minimizing the impact by limiting the degree or magnitude of the action with appropriate technology or by taking affirmative steps, such as project redesign, relocation or timing, to avoid or reduce the impact;
3. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
4. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal or alteration;
5. Compensating for the impact by creating substitute sensitive areas or enhancing sensitive areas; and
6. Monitoring the impact or other required mitigation and taking remedial action.
C. Mitigation applicable to hazard areas shall be approved according to the following sequence:
1. Avoiding the hazard by not taking a certain action;
2. Minimizing the hazard by limiting the degree or magnitude of the action with appropriate technology or by taking affirmative steps, such as project redesign, relocation or timing, to avoid or reduce the hazard;
3. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;
4. Reducing or eliminating the hazard over time by preservation or maintenance operations during the life of the development proposal or alteration; and
5. Monitoring the hazard or other required mitigation and taking remedial action.
D. All mitigation shall be based on the best available science and shall utilize, as applicable, the best available currently accepted engineering, geological and biological practices.
E. Any failure to satisfy sensitive area mitigation requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within thirty days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the department may demand payment of any financial guarantees or require other action authorized by K.C.C. Title 27A or other applicable law.
NEW SECTION. SECTION 122. There is added to K.C.C. 21A.24 a new section to read as follows:
Mitigation monitoring requirement. A. Mitigation shall be monitored in accordance with the provisions of an approved mitigation plan. The applicant shall notify the department when mitigation is installed and monitoring is commenced. Monitoring may be required for a period of up to five years after installation of the mitigation except that the period may be extended for hazard areas to monitor specific hazards remaining after mitigation measures are implemented or installed. This monitoring requirement may be waived by the department for mitigation associated with any sensitive area except wetlands and streams.
B. Monitoring reports shall be provided to the department according to a schedule set forth in the approved mitigation plan. The plan's monitoring provisions shall specify the required form and contents of monitoring reports which may include written narratives, grading tickets, nursery receipts or other documentation determined by the department. Upon request, the department may authorize the applicant to conduct monitoring with the assistance of a community natural resource protection group, provided that ultimate responsibility for satisfying the requirements of this chapter including mitigation requirements shall remain with the applicant;
C. Where monitoring reveals a significant deviation from predicted impacts or a failure of mitigation, the applicant shall implement an approved contingency plan. The contingency plan shall constitute new mitigation and shall be subject to all mitigation and financial guarantee requirements including, but not limited to, monitoring for a period of up to five years.
D. Reasonable access to the mitigation site shall be provided to King County for the purpose of inspections during any monitoring period after completion.
NEW SECTION. SECTION 123. There is added to K.C.C. 21A.24 a new section to read as follows:
Mitigation plan requirement. A. The applicant shall submit a proposed mitigation plan to the department for approval whenever mitigation is required. The department may require that the mitigation plan be prepared by or under the direction of a qualified professional. This mitigation plan requirement may be waived by the department for mitigation associated with any sensitive area except wetlands and streams. The department shall approve the plan only if, to the satisfaction of the department, the plan:
1. Provides for mitigation of impacts in compliance with the requirements of this title;
2. Includes an appropriate schedule for completing mitigation; and
3. Includes adequate monitoring and reporting provisions.
B. Mitigation shall not be implemented until after approval of a mitigation plan by the department and shall be in accordance with the provisions of the approved mitigation plan.
C. The applicant shall submit a contingency plan, as required by the department, in the event of the failure of mitigation or of unforeseen impacts.
NEW SECTION. SECTION 124. There is added to K.C.C. 21A.24 a new section to read as follows:
Specific mitigation requirements: coal mine hazard areas. In addition to general mitigation requirements contained in Sections 121 - 123 of this Ordinance, the following shall apply to mitigation of adverse impacts associated with coal mine hazard areas:
A. Mitigation shall be designed, using appropriate criteria to evaluate the proposed use, to:
1. minimize risk of structural damage in moderate coal mine hazard areas; and
2. eliminate or minimize significant risk of personal injury in severe coal mine hazard areas.
Mitigation may include, but is not limited to, incorporation of building setbacks and design and performance tolerances for structures and infrastructure improvements incorporated into site, building or landscape plans; and
B. Any mitigation plan to address potential though subsidence must be prepared by a professional engineer and may be included in the coal mine hazard assessment report or may be an additional study or report, as appropriate.
NEW SECTION. SECTION 125. There is added to K.C.C. 21A.24 a new section to read as follows:
Specific mitigation requirements: erosion hazard areas. In addition to general mitigation requirements contained in Sections 121 - 123 of this Ordinance, the following shall apply to mitigation of adverse impacts associated with erosion hazard areas:
A. For any development proposal on a site containing an erosion hazard area, an erosion and sediment control plan shall be required and included as part of the mitigation plan. The erosion and sediment control plan shall be prepared in compliance with requirements set forth in the Erosion and Sediment Control Standards and the Surface Water Design Manual;
B. Damage to or removal of vegetation on lots in a subdivision, short subdivision or binding site plan during construction of related infrastructure shall be mitigated by stabilizing the lots in compliance with the provisions of the Erosion and Sediment Control Standards; and
C. If the department determines that erosion from a development proposal site poses a significant risk of damage to downstream receiving waters based on the size of the project, the proximity to the receiving waters or the sensitivity of the receiving waters, the applicant shall monitor the surface water discharge from the site and submit monitoring reports as set forth in an approved mitigation plan. If the project does not meet appropriate water quality standards established by law or administrative rules, the county may suspend further development work on the site until such standards are met.
NEW SECTION. SECTION 126. There is added to K.C.C. 21A.24 a new section to read as follows:
Specific mitigation requirements: seismic hazard areas. In addition to general mitigation requirements contained in Sections 121 - 123 of this Ordinance, the department may waive or reduce mitigation if it determines, in writing, that:
A. The risk is limited to property damage of a degree considered to not be significant; and
B. The cost of mitigation greatly exceeds the benefit of the proposed mitigation.
NEW SECTION. SECTION 127. There is added to K.C.C. 21A.24 a new section to read as follows:
Specific mitigation requirements: wetlands. In addition to general mitigation requirements contained in Sections 121 - 123 of this Ordinance, the following shall apply to mitigation of adverse impacts associated with wetlands:
A. Mitigation of alterations to wetlands or their buffers shall achieve equivalent or greater biologic functions including, but not limited to, habitat complexity and connectivity and equivalent or greater hydrologic functions including, but not limited to, seasonal dynamics and storage capacity and water quality. Mitigation shall be of each function affected by the alteration to achieve functional equivalency or improvement on a per function basis;
B. The buffer of a wetland may be increased, as determined by the department, to mitigate risks to wetland functions or to the public health, safety, welfare and environment;
C. Except for mitigation banking, mitigation of an alteration to an isolated wetland and its buffer pursuant to K.C.C. 21A.24.330F shall include, but not be limited to:
1. Replacing the isolated wetland with a newly created wetland within the same drainage subbasin or enhancing one or more other wetlands within the subbasin by relocating the altered isolated wetlands' functions to the other wetland(s); and
2. Enhancing the wildlife habitat of any newly created wetland or other wetland(s) enhanced under this subsection;
D. Mitigation of an alteration to a buffer or building setback area of a wetland which occurs along a lake shoreline pursuant to K.C.C. 21A.24.075B.4 shall include, but not be limited to, on-site revegetation, maintenance and other restoration of the buffer or setback area to the maximum extent possible;
E. Except for mitigation banking, mitigation of the adverse impact of alterations to wetlands or their buffers shall include:
1. For permanent alterations, creation of a new wetland and buffer, rectification of the altered wetland or buffer or restoration or enhancement of the altered wetland or another wetland or buffer, as determined by the department, using the following formulae:
a. for mitigation on-site and in the same drainage subbasin or in the tributary drainage area:
(1) rectification of the adverse impact to any class of wetland by repairing, rehabilitating or restoring the affected wetland or buffer shall be on a 1:1 areal basis;
(2) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 3 wetland or class 2 wetland that does not have a forested wetland vegetation class and is not a bog or fen shall be on a 1.5:1 areal basis;
(3) creation in mitigation of an alteration associated with a class 3 wetland or class 2 wetland that does not have a forested wetland vegetation class and is not a bog or fen shall be on a 2:1 areal basis;
(4) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 1 wetland or class 2 wetland that has a forested wetland vegetation class or is a bog or fen shall be on a 2:1 areal basis;
(5) creation in mitigation of an alteration associated with a class 1 wetland or class 2 wetland that has a forested wetland vegetation class or is a bog or fen shall be on a 3:1 areal basis;
b. for mitigation off-site, but in the same drainage subbasin:
(1) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 3 wetland or class 2 wetland that does not have a forested wetland vegetation class and is not a bog or fen shall be on a 2:1 areal basis;
(2) creation in mitigation of an alteration associated with a class 3 wetland or class 2 wetland that does not have a forested wetland vegetation class and is not a bog or fen shall be on a 3:1 areal basis;
(3) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 1 wetland or class 2 wetland that has a forested wetland vegetation class or is a bog or fen shall be on a 3:1 areal basis;
(4) creation in mitigation of an alteration associated with a class 1 wetland or class 2 wetland that has a forested wetland vegetation class or is a bog or fen shall be on a 4:1 areal basis; and
c. for mitigation out of the drainage subbasin, but in the same drainage basin:
(1) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 3 wetland or class 2 wetland that does not have a forested wetland vegetation class and is not a bog or fen shall be on a 4:1 areal basis;
(2) creation in mitigation of an alteration associated with a class 3 wetland or class 2 wetland that does not have a forested wetland vegetation class and is not a bog or fen shall be on a 5:1 areal basis;
(3) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 1 wetland or class 2 wetland that has a forested wetland vegetation class or is a bog or fen shall be on a 5:1 areal basis;
(4) creation in mitigation of an alteration associated with a class 1 wetland or class 2 wetland that has a forested wetland vegetation class or is a bog or fen shall be on a 6:1 areal basis; and
2. For temporary alterations, rectification of the altered wetland or buffer, as determined by the department;
F. For purposes of this section, the department may consider two or more contiguous sites under common ownership as one site for the purpose of mitigation ratios as long as all applicable sites are in the same drainage subbasin and the department determines that equivalent or greater wetland functions will be achieved;
G. Mitigation of alterations to wetlands or their buffers through an approved mitigation bank shall be subject to mitigation ratios and standards established pursuant to Section 128 of this Ordinance;
H. The following wetland restoration standards shall be applied to all mitigation projects involving wetland restoration. Restoration of a wetland or buffer shall be carried out under the supervision of a wetland scientist and shall be approved to achieve, as closely as possible, the following:
1. Replication of the historical wetland configuration including its depth, width, length and gradient at the historical location;
2. Replication of the historical soil type, conditions and physical features;
3. Restoration of the wetland edge and buffer configuration to its historical condition;
4. Revegetation in the wetland and buffer by replanting with native vegetation of similar species diversity and density as the historical vegetation; and
5. Restoration of the wetland's historical functions including, but not limited to, its hydrologic and biologic functions;
I. Mitigation out of the drainage subbasin shall be approved only if the department determines that:
1. It is not practical to mitigate in the same drainage subbasin; and
2. Out-of-subbasin mitigation will achieve biologic, habitat and hydrologic functions equivalent to or better than if mitigation was located in the same drainage subbasin;
J. For mitigation off-site or otherwise out of the wetland or buffer altered:
1. Wetlands given priority in approved basin plans shall be used for mitigation to the maximum extent practical; and
2. Private mitigation sites may be created and used for off-site mitigation if in compliance with the requirements of this chapter and if approved by the department. The department may require, as part of the mitigation plan, a copy of any conservation easement or other agreement between the applicant and property owner or related documentation. The department may enter into agreements or become a party to any easement or other agreement necessary to ensure that the site continues to exist in its mitigated condition. The department shall keep and maintain a list of all private mitigation sites;
K. Drainage or flood control alterations shall not constitute creation or enhancement;
L. Whenever possible, mitigation sites shall be strategically located to achieve maximum wildlife benefits including, but not limited to, close proximity to other wetlands and contiguous wildlife habitat corridors; and
M. The requirements set forth in this section may be modified at the department's discretion if the applicant demonstrates that greater wetland functions, on a per function basis, can be obtained in the affected drainage subbasin through alternative mitigation measures.
NEW SECTION. SECTION 128. There is added to K.C.C. 21A.24 a new section to read as follows:
Specific mitigation requirements: wetland mitigation banking. A. King County may approve mitigation in advance of unavoidable adverse impacts to wetlands caused by development activities through an approved wetland mitigation bank. Standards regulating the development and use of mitigation banks and establishing mitigation ratios in compliance with this section shall be established in administrative rules. The department's approval of mitigation through a mitigation bank shall be subject to the mitigation requirement and mitigation sequence set forth in Section 121 of this Ordinance and the applicable specific mitigation requirements for wetlands set forth in Section 127 of this Ordinance. Mitigation in advance through a mitigation bank that has fully demonstrated equivalent or greater biologic functions may qualify as mitigation at lower areal ratios than other forms of mitigation as established by administrative rules. Mitigation through a mitigation bank may only be approved after all adverse impacts are rectified on-site to the maximum extent possible.
B. At least one pilot project shall be initiated to test the viability of mitigation banking. The pilot project(s) shall be fully evaluated by King County to determine the program's viability and potential for success prior to any full implementation of a mitigation banking program.
NEW SECTION. SECTION 129. There is added to K.C.C. 21A.24 a new section to read as follows:
Specific mitigation requirements: streams. In addition to general mitigation requirements contained in Sections 121 - 123 of this Ordinance, the following shall apply to mitigation of adverse impacts associated with streams:
A. Mitigation of alterations to streams or their buffers shall achieve equivalent or greater biologic functions including, but not limited to, habitat functions and equivalent or greater hydrologic functions and shall include adverse impacts upstream of, at or downstream of the development proposal site. Mitigation shall be of each function affected by the alteration to achieve functional equivalency or improvement on a per function basis;
B. The buffer of a stream may be increased, as determined by the department, to mitigate risks to stream functions or to the public health, safety, welfare and environment;
C. Mitigation of the adverse impact of alterations to streams or their buffers shall be in the same drainage subbasin and shall include:
1. For permanent alterations, rectification, restoration or enhancement of the altered stream or buffer, as determined by the department, using the following formulae:
a. for mitigation on-site:
(1) rectification of the adverse impact to any class of stream by repairing, rehabilitating or restoring the affected stream or buffer shall be on a 1:1 areal and functional basis;
(2) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 2 or 3 stream shall be on a 1.5:1 areal and functional basis; and
(3) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 1 stream shall be on a 2:1 areal and functional basis; and
b. for mitigation off-site:
(1) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 2 or 3 stream shall be on a 2:1 areal and functional basis; and
(2) enhancement or restoration which is not rectification in mitigation of an alteration associated with a class 1 stream shall be on a 3:1 areal and functional basis; and
2. For temporary alterations, rectification of the altered stream or buffer, as determined by the department;
D. The following stream restoration standards shall be applied to all mitigation projects involving stream restoration. Restoration of a stream or buffer shall be carried out under the supervision of a stream scientist and shall be approved to achieve, as closely as possible, the following:
1. Replication of the natural channel dimensions including its depth, width, length and gradient at the historical location;
2. Replacement of the historical horizontal alignment (sinuosity);
3. Restoration of the bottom with identical or similar materials;
4. Restoration of the bank and buffer configuration to its historical condition;
5. Restoration of the historical vegetation in species, sizes and densities in the channel, bank and buffer by replanting with native vegetation; and
6. Restoration of the stream's historical functions including, but not limited to, its hydrologic and biologic functions;
E. For off-site mitigation:
1. Off-site mitigation shall be approved only if the department determines that:
a. it is not practical to mitigate on-site; and
b. off-site mitigation will achieve biologic, habitat and hydrologic functions equivalent to or better than on-site mitigation;
2. Streams given priority in approved basin plans shall be used for mitigation to the maximum extent practical; and
3. Private mitigation sites may be made and used for off-site mitigation if in compliance with the requirements of this chapter and if approved by the department. The department may require, as part of the mitigation plan, a copy of any conservation easement or other agreement between the applicant and property owner and may enter into agreements or become a party to any easement or other agreement necessary to insure that the site continues to exist in its mitigated condition. The department shall keep and maintain a list of all private mitigation sites;
F. Drainage or flood control alterations shall not constitute enhancement unless other affected stream functions are simultaneously improved;
G. Whenever possible, mitigation sites shall be located to achieve contiguous wildlife habitat corridors; and
H. The requirements set forth in this section may be modified at the department's discretion if the applicant demonstrates that greater stream functions, on a per function basis, can be obtained in the affected drainage subbasin as a result of alternative mitigation measures.
NEW SECTION. SECTION 130. There is added to K.C.C. 21A.24 a new section to read as follows:
Sensitive areas violations - corrective work required. A. Any person who alters a sensitive area or buffer in violation of law shall undertake corrective work in compliance with the requirements of this chapter and K.C.C. chapter 23.08. Corrective work shall include restoration of the sensitive area and buffer. Corrective work shall be subject to all permits or approvals required for the type of work undertaken. In addition, the violator shall be subject to all fees associated with investigation of the violation and the need for corrective work.
B. When a wetland or buffer is altered in violation of law, restoration of the wetland and buffer shall comply with the restoration standards set forth in Section 127 of this Ordinance.
C. When a stream or buffer is altered in violation of law, restoration of the stream and buffer shall comply with the restoration standards set forth in Section 129 of this Ordinance.
D. All corrective work shall be completed within the time specified in the corrective work plan, but in no case later than one year from the date the corrective work plan is approved by the department. The violator shall notify the department when restoration measures are installed and monitoring is commenced.
E. Any failure to satisfy corrective work requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within thirty days after it is due or comply with other provisions of an approved corrective work plan shall constitute a default, and the department may demand payment of any financial guarantees or require other action authorized by K.C.C. Title 27A or other applicable law.
F. Reasonable access to the corrective work site shall be provided to King County for the purpose of inspections during any monitoring period.
NEW SECTION. SECTION 131. There is added to K.C.C. 21A.24 a new section to read as follows:
Sensitive areas violations - corrective work monitoring requirement. Corrective work shall be monitored in accordance with the provisions of the approved corrective work plan. Monitoring may be required for a period of up to five years. Monitoring pursuant to the corrective work plan shall comply with the monitoring requirements set forth in Section 122 of this Ordinance.
NEW SECTION. SECTION 132. There is added to K.C.C. 21A.24 a new section to read as follows:
Sensitive areas violations - corrective work plan requirement. A. The violator shall submit a proposed corrective work plan to the department for approval. The department may modify the plan and shall approve it only if the department determines that the plan complies with the requirements for mitigation plans set forth in Section 125 of this Ordinance.
B. All corrective work shall be accomplished according to the approved corrective work plan, and no corrective work shall be undertaken until after approval of the plan by the department.
SECTION 133. Ordinance 10870, Section 486 through 489, and K.C.C. 21A.24.390 through 21A.24.420 are each repealed.
SECTION 134. Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040 are each hereby amended to read as follows:
Director review - ((A))actions subject to review. The following actions shall be subject to the director review procedures set forth in this chapter:
A. Applications for variances, reasonable use exceptions under K.C.C. 21A.24.070(((A))), sensitive area modifications under K.C.C. 21A.24.075 and conditional uses; and
B. Periodic review of extractive operations.
SECTION 135. Ordinance 10870, Section 616, as amended and K.C.C. 21A.42.080 are each hereby amended to read as follows:
Director review - ((D))decision regarding proposal. A. Decisions regarding the approval or denial of proposals, ((())excluding periodic review of extractive operations and sensitive area modifications(())), subject to director review shall be based upon compliance with the required showings of K.C.C. chapter 21A.44. Periodic reviews of extractive operations shall be based upon the criteria outlined in K.C.C. 21A.22.050B, and decisions regarding approval or denial of sensitive area modifications shall be based upon criteria outlined in K.C.C. 21A.24.075.
B. Unless otherwise provided, ((T))the written decision contained in the record shall show:
1. Facts, findings and conclusions supporting the decision and demonstrating compliance with the applicable decision criteria; and
2. Any conditions and limitations imposed, if the request is granted.
C. The director shall mail a copy of the written decision to the applicant and to all parties of record.
D. ((Rules.)) The director shall adopt rules for the transaction of business and shall keep a public record of ((his)) all actions, findings, waivers and determinations.
SECTION 136. Ordinance 3688, Section 409(1), as amended and K.C.C. 25.16.090 are each hereby amended to read as follows:
Residential development - ((M))multifamily. Multifamily residential development may be permitted in the urban environment subject to the general requirements of K.C.C. 25.16.030, provided:
A. Multifamily development is permitted in the underlying zone;
B. Multifamily residential development shall not be permitted waterward of the ordinary high water mark;
C. Setbacks. Multifamily residential development shall maintain a minimum setback of fifty feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway,
2. If development is proposed on shorelines, including one or more sensitive areas or buffers, as defined in K.C.C. chapter 21A.06, such development shall be done in accordance with regulations and procedures set forth in K.C.C. chapter 21A.24.
SECTION 137. Ordinance 3688, Section 409(2), as amended and K.C.C. 25.16.100 are each hereby amended to read as follows:
Residential development - ((S))single-family. Single-family residential development may be permitted in the urban environment subject to the general requirements of K.C.C. 25.16.030, provided:
A. Single-family development is permitted in the underlying zone classification;
B. Single-family development, including floating homes, shall not be permitted waterward of the ordinary high water mark;
C. Setbacks. Single-family residential development shall maintain a minimum setback of twenty feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway,
2. If development is proposed on shorelines, including one or more sensitive areas or buffers, as defined in K.C.C. chapter 21A.06, such development shall be done in accordance with regulations and procedures set forth in K.C.C. chapter 21A.24((,)).
D. A farmhouse permitted under the reasonable use exception provisions of K.C.C. chapter 21A.24 shall be exempt from the setback requirements of this section.
SECTION 138. Ordinance 3688, Section 509, as amended and K.C.C. 25.20.090 are each hereby amended to read as follows:
Residential development. A. Multifamily residential development may be permitted in the rural environment subject to the general requirements of K.C.C. 25.20.030 and the residential provisions of the urban environment in K.C.C. 25.16.090 through 25.16.140 ((of the urban environment)); provided, that multifamily development shall maintain a minimum setback of seventy-five feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway,
2. If the development is proposed on shorelines, including one or more sensitive areas or buffers, as defined in K.C.C. chapter 21A.06, such development shall be done in accordance with regulations and procedures set forth in K.C.C. chapter 21A.24((,)).
B. Single-family residential development may be permitted in the rural environment subject to the general requirements of K.C.C. 25.20.030 and the residential provisions of the urban environment in K.C.C. 25.16.090 through 25.16.140 ((of the urban environment)).
C. Any pier, moorage, float or launching facility permitted accessory to single or multifamily development or common use facility accessory to a subdivision, short subdivision or urban planned ((unit)) development in the rural environment shall be subject to the residential pier, moorage((s)), float or launching facility provisions of the urban environment in K.C.C. 25.16.090 through 25.16.140.
SECTION 139. Ordinance 3688, Section 609, as amended and K.C.C. 25.24.090 are each hereby amended to read as follows:
Residential development. A. Multifamily development is prohibited in the conservancy environment, except that the clustering of dwelling units into multifamily development may be permitted to avoid development of sensitive or hazardous areas such as marshes, swamps, bogs, floodplains, or steep or unstable slopes; provided, that the density standards enumerated in K.C.C. 25.24.100 shall not be exceeded. This provision is not intended to promote intensive development in the conservancy environment. The intent of this provision is to permit development which would have less adverse impact on sensitive or hazardous areas than traditional lot by lot development.
B. Single-family residential development may be permitted in the conservancy environment subject to the general requirements of this chapter and the single-family provisions of the urban environment in K.C.C. 25.16.090 through 25.16.140 ((of the urban environment)). Single-family residential development shall maintain a minimum setback of fifty feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to be located past the upland edge of the floodway,
2. If development is proposed on shorelines, including one or more sensitive areas or buffers, as defined in K.C.C. chapter 21A.06, such development shall be done in accordance with regulations and procedures set forth in K.C.C. chapter 21A.24((,)).
3. A farmhouse permitted under the reasonable use exception provisions of K.C.C. chapter 21A.24 shall be exempt from the setback requirements of this section.
C. Any pier, moorage, float or launching facility permitted accessory to single-family development or common use facility accessory to subdivision, short subdivision or urban planned ((unit)) development in the conservancy environment shall be subject to the pier, moorage, float and launching facility provisions of the urban environment in K.C.C. 25.16.090 through 25.16.140 ((of the urban environment)); provided, no such authorized structure shall be located within two hundred feet of any other such structure.
SECTION 140. Ordinance 3688, Section 709, as amended and K.C.C. 25.28.090 are each hereby amended to read as follows:
Residential development. A. Multifamily and accessory development is prohibited in the natural environment.
B. Single-family residential development may be permitted in the natural environment subject to the general requirements of K.C.C. 25.28.030 and the single-family provisions of the urban environment in 25.16.090 through 25.16.140 ((of the urban environment)); provided, single-family residential development shall maintain a minimum setback of one-hundred feet from the ordinary high water mark, except that:
1. If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway.
2. If development is proposed on shorelines, including one or more sensitive areas or buffers, as defined in K.C.C. chapter 21A.06, such development shall be done in accordance with regulations and procedures set forth in K.C.C. chapter 21A.24.
C. Piers, moorages, floats or launching facilities accessory to single-family development shall not be permitted in the natural environment.
Ad Requirements
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