title
AN ORDINANCE relating to the alteration of property and site development and to create new chapters in the King County Code amending Ordinance 1488, Section 2 and K.C.C. 16.82.010; Ordinance 1488, Section 3 and K.C.C. 16.82.030; Ordinance 1488, Section 5 and K.C.C. 16.82.020; Ordinance 1488, Section 7 and K.C.C. 16.82.060; Ordinance 1488, Section 6 and K.C.C. 16.82.050; Ordinance 1488, Section 11 and K.C.C. 16.82.100; Ordinance 1488, Section 12 and K.C.C. 16.82.110; Ordinance 11618, Section 8 and K.C.C. 16.82.160; Ordinance 10870, Section 168 and K.C.C. 21A.06.640; Ordinance 10870, Section 332 and K.C.C. 21A.08.050; Ordinance 10870, Section 335 and K.C.C. 21A.08.080; Ordinance 10870, Section 336 and K.C.C. 21A.08.090; Ordinance 10870, Section 439 and K.C.C. 21A.22.010; Ordinance 10870, Section 440 and K.C.C. 21A.22.020, Ordinance 10870, Section 442 and K.C.C. 21A.22.040; Ordinance 10870, Section 443 and K.C.C. 21A.22.050; Ordinance 10870, Section 444 and K.C.C. 21A.22.060; Ordinance 10870, Section 445 and K.C.C. 21A.22.070; Ordinance 10870, Section 447 and K.C.C. 21A.22.090; Ordinance 10870 Section 539 and K.C.C. 21A.32.020; Ordinance 9163, Section 2 and K.C.C. 9.04.020; Ordinance 9163, Section 3 and KC.C. 9.04.030; Ordinance 2281, Section 5 and K.C.C. 9.04.050; Ordinance 12196, Section 9 and K.C.C. 20.20.20; Ordinance 12196, Section 13 and K.C.C. 20.20.060; Ordinance 13263, Section 37 and K.C.C. 23.32.010; Ordinance 12020, Section 23 and K.C.C. 27A.40.030; Ordinance 12020, Section 24 and K.C.C. 27A.4|1013|.040; and Proposed Ordinance No. 1999-0353, Sections 107 and 110; all as amended; repealing Ordinance 1488, Section 4 and K.C.C. 16.82.040; Ordinance 1488, Section 10 and K.C.C. 16.82.120; Ordinance 11622, Section 4 and K.C.C. 16.82.055; Ordinance 3108, Section 10 and K.C.C. 16.82.120; Ordinance 9614, Section 102 and K.C.C. 16.82.140; Ordinance 12020, Section 35 and K.C.C. 16.82.170; Ordinance 10870, Section 441 and K.C.C. 21A.22.030; Ordinance 10870, Section 446 and K.C.C. 21A.06.1065; Ordinance 10870, Section 253 and K.C.C. 21A.06.1065; Ordinance 10870, Sections 609 through 620; K.C.C. 21A.42.010 through 21A.42.120; and Proposed Ordinance 1999-0353, Sections 52, 54, 62 and 88; all as amended; recodifying K.C.C. 16.82.010 through 16.82.030, K.C.C. 16.82.05|1013|, K.C.C. 16.82.060, K.C.C. 16.82.100, K.C.C. 16.82.110, K.C.C. 16.82.130, K.C.C. 16.82.150, K.C.C. 16.82.160; K.C.C. 21A.14.260, K.C.C. 21A.14.270, K.C.C. 21A.14.020, K.C.C. 21A.24.030, K.C.C. 21A.14.090, K.C.C. 21A.24.150, K.C.C. 21A.24.160, K.C.C. 21A.14.200, K.C.C. 21A.22.010, K.C.C. 21A.22.020, K.C.C. 21A.22.040 through 21A.22.070, K.C.C. 21A.22.090; and Proposed Ordinance No. 1999-0353, Sections 14-18, 27-32, 34, 36, 38, 40-44, 46, 48-50, 52, 54-56, 63 and 65-76, 80-82, 84-87, 89-92, 95-106, 107, 108, 109, 110, 111-113, 117-119, 124-129, 130-132; all as amended; and adding new sections.
body
PREAMBLE:
The metropolitan King County Council finds that pursuant to Ordinance 12196, the requirements for environmental analysis, protection and mitigation measures in King County Code Chapters 16.82, 21A.14, 21A.22 and 21A.24 as amended and recodified by this ordinance, and the new King County Code Chapters adopted 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. A. Sections 2, 4 and 6 though 8 of this ordinance should constitute a new chapter in K.C.C. Title xx.
B. K.C.C. 16.82.010 and 16.82.030, each as amended by this ordinance, are each recodified as sections in K.C.C. chapter xx.xx (created under subsection A of this section).
NEW SECTION. SECTION 2. Title. K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) shall be known as the King County Site Alteration Code.
SECTION 3. Ordinance 1488 Section 2, as amended, and K.C.C. 16.82.010 are each hereby amended to read as follows:
Purpose. ((A. This chapter is)) K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) are intended to regulate physical alterations to property such as forest practices, clearing and removal of vegetation, excavation, grading and earthwork construction including cuts and fills, gravel pits, dumping, quarrying, ((and)) mining and similar operations within King County in order to protect public health, safety and welfare by:
((1))A. Minimizing adverse stormwater impacts generated by the removal of vegetation and alteration of landforms;
((2))B. Protecting water quality from the adverse impacts associated with erosion and sedimentation;
((3))C. Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of vegetation;
((4))D. ((Protecting sensitive areas from adverse clearing and grading activities)) Promoting general public safety by regulating alterations of lands containing physical hazards and minimizing the adverse environmental impacts of alterations to the physical environment;
((5))E. Facilitating and encouraging long term forest practice and agricultural production operations where appropriate;
((6))F. Minimizing the adverse impacts associated with quarrying, ((and)) mining and similar operations;
((7))G. Preventing damage to property and harm to persons caused by excavations, ((and)) fills and stockpiles; and
((8))H. Establishing administrative procedures for the issuance of permits, approval of plans, and inspection of site alterations such as forest practices, mineral extraction and clearing and grading operations((; and
9. Providing penalties for the violation of this chapter)).
((B. This chapter establishes the administrative procedure for issuance of permits, provides for approval of plans and inspection of clearing and grading operations, and provides for penalties for the violation of this chapter.))
NEW SECTION. SECTION 4. Interpretation. A. In interpretation and application, the requirements set forth in K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) shall be considered the minimum requirements necessary to accomplish the purposes of this code.
B. All alterations and activities authorized by K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) shall comply with all other regulations and requirements of this title as well as any other applicable local, state or federal law. Where a difference exists between these chapters and other regulations, the more restrictive requirements shall apply. Where more than one part of these chapters applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply.
C. In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to a permitted alteration shall supersede regulations, conditions or procedural requirements of general application.
D. Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in K.C.C. chapter xx.xx (created under section 10A. of this ordinance), all words and terms used in K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) shall have their customary meanings.
E. In case of any ambiguity, difference of meaning, or implication between the text and any heading, caption, or illustration, the text shall control. All applicable requirements shall govern whether or not they are cross-referenced in a text section or table.
F. Except for other agencies with authority to implement specific provisions of K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance), the department shall have the sole authority to issue official interpretations of these chapters, pursuant to K.C.C. 2.98.
SECTION 5. Ordinance 1488 Section 3, as amended, and K.C.C. 16.82.030 are each hereby amended to read as follows:
Administration. The director is authorized to administer and enforce the provisions of ((this chapter)) K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance).
A. Inspections. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of ((this chapter)) K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance).
B. Right of Entry. For the purpose of evaluating a permit application or an issued permit's compliance with K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance), ((W))whenever necessary to make an inspection to enforce any of the provisions of ((this)) these chapters, monitor for compliance of these chapters, or whenever the director has reasonable cause to believe that ((any land, building, structure, premises, or portion thereof is being used in)) violations of ((this)) these chapters are present or operating on a subject property or portion thereof, the director may enter such ((land, building, structure)) property, premises, or portion thereof at all reasonable times to inspect the same or perform any duty imposed upon the director by ((this chapter; provided, that if)) these chapters. If such ((building, land, structure)) property, premises or portion thereof is occupied, ((he)) the director shall first present proper credentials and demand entry; and if such ((land, building, structure)) property, premises((,)) or portion thereof be unoccupied, ((he)) the director shall first make a reasonable effort to locate the owner or other persons having charge or control of the ((land, building, structure)) property, premises((,)) or portion thereof and demand entry. Free access as necessary to perform such duties shall be provided to any portion of the site. For all other purposes in investigating compliance with these chapters, the director shall comply with K.C.C. Title 23.
((No owner or occupant or any other person having charge, care or control of any building, land, structure, premises, or portion thereof shall fail or neglect, after proper demand, to promptly permit entry thereon by the director for the purpose of inspection and examination pursuant to this chapter. Any person violating this subsection is guilty of a misdemeanor.))
C. Hazards. Whenever the director determines that an existing site, as a result of alterations regulated under K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance), has become a hazard to life and limb, endangers property or the environment, or adversely affects the safety, use or stability of a public way or public drainage channel, the owner of the property upon which the alterations are located, or other person or agent in control of said property, upon receipt of notice in writing from the director, shall within the period specified therein restore the site affected by such alterations or remove or repair such alterations so as to eliminate the hazard and be in conformance with the requirements of these chapters.
D. Liability insurance. The department is authorized to require all applicants to maintain a combined single limit per occurrence liability policy in the amount established annually by the King County risk management program, which shall name King County as an additional insured and protect King County from liability relating from any activities authorized under the permit. The department shall be provided proof of this required liability policy prior to issuing a permit. Liability insurance requirements may be waived for individual private landowners performing noncommercial activities on their property. Liability insurance shall not be required of King County departments.
E. Drawings. The department is authorized to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance), provided that the adopted provisions of the code shall control over such drawings.
F. Administrative rules. The department may promulgate administrative rules and regulations pursuant to K.C.C. chapter 2.98 to implement the provisions and requirements of K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance).
G. Financial guarantees authorized. The department is authorized to require all applicants issued permits or approvals under the provisions of K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) to post financial guarantees consistent with the provisions of K.C.C. Title 27A.
NEW SECTION. SECTION 6. Relationship to comprehensive plan and growth management act. K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) are hereby enacted to be consistent with and implement the comprehensive plan in accordance with RCW 36.70A.
NEW SECTION. SECTION 7. Notification to tribes. The county recognizes that many actions undertaken pursuant to K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance), as amended, may impact treaty fishing rights of federally-recognized tribes. In order to honor and prevent interference with these treaty fishing rights and to provide for water quality and habitat preservation, the county shall provide notice to any federally-recognized tribes whose treaty fishing rights would be affected by an action undertaken pursuant to these chapters, including but not limited to: development of wetlands, stream and river banks, lakeshore habitat of water bodies, or development directly or indirectly affecting anadromous bearing water bodies, including the promulgation of plans, rules, regulations or ordinances implementing the provisions of these chapters, whether or not review of such actions is required under the State Environmental Policy Act (SEPA) RCW 43.21C or K.C.C. Title 20.
NEW SECTION. SECTION 8. Severability. If any provision of K.C.C. chapters xx.xx (created under section 1A. of this ordinance) through xx.xx (created under section 120A of this ordinance) or its application to any person or circumstance is held invalid, the remainder of these chapters or the application of the provision to other persons or circumstances is not affected.
SECTION 9. A. Sections 10 and 12 though 71 of this ordinance should constitute a new chapter in K.C.C. Title xx.
B. K.C.C. 16.82.020 as amended by this ordinance is recodified as a section in K.C.C. chapter xx.xx (created under subsection A of this section).
C. Ordinance ______ (Proposed Ordinance No. 1999-0353), Sections 14 though 18, 27 though 32, 34, 36, 38, 40 through 44, 46, 48 through 50, 52, 54 through 56, 63 and 66 through 76, each as amended, are recodified as new sections in K.C.C. chapter xx.xx (created under subsection A of this section).
NEW SECTION. SECTION 10. Airblast. Airblast means an airborne shock wave, whether audible or not, resulting from the detonation of explosives caused by burden movement or the release of expanding gas.
SECTION 11. 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, mean as follows:))
((A.)) Applicant. ((“)) Applicant((“)) means an ((property owner or)) owner of real property or a person, 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. "Civil engineer" means a professional engineer registered in the state of Washington to practice in the field of civil works.
E. "Clearing" means the cutting or removal of vegetation or other organic plant material by physical, mechanical, chemical or any other means.
F. "Compaction" is the densification of a fill by mechanical means.
G. "Cutting" is the severing of the main trunk or stems from close to or
at the soil surface or at a point up to 25% of the total vegetation height.
H. "Director" means the director or the authorized agent of the department of development and environmental services.
I. "Earth material" is any rock, natural soil or any combination thereof.
J. "Erosion" is the wearing away of the ground surface as the result of the movement of wind, water and/or ice.
K. "Excavation" is the removal of earth material.
L. "Fill" is a deposit of earth material placed by mechanical means.
M. "Grade" means the elevation of the ground surface.
1. "Existing grade" is the grade prior to grading.
2. "Rough grade" is the stage at which the grade approximately conforms to the approved plan as required in Section 16.82.060.
3. "Finish grade" is the final grade of the site which conforms to the approved plan as required in Section 16.82.060.
N. "Grading" is any excavating, filling, removing of the duff layer, or combination thereof.
O. "Grading and clearing permit" means the permit required by this chapter for grading and clearing activities, including temporary permits.
P. "Reclamation" means the final grading and land restoration of a site.
Q. "Shorelines" means those lands defined as shorelines in the state Shorelines Management Act of 1971.
R. "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.
S. "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. "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.
V. "Terrace" is a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.
W. "Tidelands" means that portion of the land which is covered and uncovered by the ebb and flood tide.
X. "Tree" is a large woody perennial plant usually with a single main stem or trunk and generally over twelve feet tall at maturity.
Y. "Understory" is the vegetation layer of a forest that includes shrubs, herbs, grasses, and grasslike plants, but excludes native trees.
Z. "Vegetation" means any and all organic plant life growing at, below, or above the soil surface.))
NEW SECTION. SECTION 12. Bench. Bench means a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.
NEW SECTION. SECTION 13. Berm. Berm means a mound or raised area used for the purpose of screening a site or operation.
NEW SECTION. SECTION 14. Building. Building means any structure having a roof.
NEW SECTION. SECTION 15. Clearing. Clearing means the cutting, killing, grubbing or removing of vegetation or other organic plant material by physical, mechanical, chemical or any other similar means for the purpose of removing the vegetative cover or some component thereof. For the purpose of this definition, cutting means the severing of the main trunk or stem of woody vegetation at any point from the soil surface up to seventy-five percent of the trunk's or stem's height, or for evergreen trees, the severing of the main trunk or stem at any height.
NEW SECTION. SECTION 16. Clearing and grading permit. Clearing and grading permit means the permit required by K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) for clearing activities, grading activities, or both, including, but not limited to, standard and programmatic permits. For the purposes of these chapters, mineral extraction is a form of grading activity.
NEW SECTION. SECTION 17. Compaction. Compaction means the densification of a fill or the natural soil column by mechanical means.
NEW SECTION. SECTION 18. Critical area. Critical area means:
A. An area in King County which:
1. is subject to natural hazards;
2. is a land feature which supports unique, fragile or valuable natural resources including wildlife and other organisms or their habitats; or
3. is a resource which carries, holds or purifies water in its natural state.
B. Critical areas include:
1. coal mine hazard areas;
2. erosion hazard areas;
3. flood hazard areas;
4. landslide hazard areas;
5. seismic hazard areas;
6. steep slope hazard areas;
7. streams;
8. volcanic hazard areas;
9. wetlands; and
10. wildlife habitat corridors.
New section. section 19. Critical facility. Critical facility means a facility necessary to protect the public health, safety and welfare 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 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. Department. Department means the King County department of development and environmental services or its successor agency.
NEW SECTION. SECTION 21. Depth of cut. Depth of cut means the vertical distance measured from the top of the excavation to the toe of the excavation.
NEW SECTION. SECTION 22. Depth of fill. Depth of fill means the vertical distance measured from the top of the embankment to the toe of the embankment or from the top of the final grade to the lowest point of the pre-activity grade, as appropriate.
NEW SECTION. SECTION 23. Development proposal. Development proposal means any activity requiring a permit or other approval from King County relevant to the use or development of land.
NEW SECTION. SECTION 24. Director. Director means the director of the department of development and environmental services or his or her designee.
NEW SECTION. SECTION 25. Ditch. Ditch means a wholly artificial open channel used or constructed for the purpose of conveying water.
NEW SECTION. SECTION 26. Drainage basin. Drainage basin means 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 27. Drainage facility. Drainage facility means 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 28. Drainage subbasin. Drainage subbasin means 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.
NEW SECTION. SECTION 29. Emergency. Emergency means an unanticipated occurrence during which there is imminent danger to the public health, safety and welfare or which poses an imminent risk of property damage or personal injury or death as a result of a natural or manmade catastrophe, as determined by the director.
NEW SECTION. SECTION 30. Emergency action. Emergency action means 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 K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance).
NEW SECTION. SECTION 31. Engineer, civil, geotechnical and structural. Engineer means:
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.
NEW SECTION. SECTION 32. Erosion. Erosion means the wearing away of the ground surface as the result of the movement of wind, water and/or ice.
NEW SECTION. SECTION 33. Erosion and Sediment Control Standards. Erosion and Sediment Control Standards means the document describing the erosion and sediment control planning and design requirements, procedures and guidance that has formally been adopted by rule under procedures specified in K.C.C. chapter 2.98. The Erosion and Sediment Control Standards are available from the department of development and environmental services or the department of natural resources, water and land division, or their successor agencies.
NEW SECTION. SECTION 34. Excavation. Excavation means the removal of any rock, natural soil, organic material, fill or any combination thereof.
NEW SECTION. SECTION 35. Fill. Fill means a deposit of any rock; natural soil; organic material; recycled or waste materials made of nonnoxious, nonflammable, noncombustible and nonputrescible solids; or any combination thereof placed by mechanical means.
NEW SECTION. SECTION 36. Flyrock. Flyrock means rock that is propelled through the air by the detonation of explosives.
NEW SECTION. SECTION 37. Forestry permit. Forestry permit means the permit required by K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) for forest practice activities including, but not limited to, standard and programmatic permits. Forestry permits shall not apply to any clearing of land for conversion to nonforest uses and any clearing in critical areas restricted pursuant to K.C.C. chapter xx.xx (created under section 110A of this ordinance).
NEW SECTION. SECTION 38. Forest practice. Forest practice means any activity on or directly pertaining to land directly related to supporting a merchantable stand of timber relating to growing, harvesting or processing timber, including but not limited to planting, precommercial thinning, harvesting, reforestation, pest/brush control and road/skid trail construction necessary to perform such activities. Forest practice shall not include forest species seed orchard or nursery operations and the removal or harvest of incidental vegetation at quantities that cannot normally be expected to result in damage to soils, timber, water, fish or wildlife.
NEW SECTION. SECTION 39. Grade. Grade means the elevation of the ground surface. "Existing grade," "rough grade" and "finish grade" are defined as follows:
A. "Existing grade" is the grade prior to grading;
B. "Rough grade" is the grade that approximately conforms to the approved plan as required in K.C.C. 16.82.060, as recodified by this ordinance; and
C. "Finish grade" is the final grade of the site that conforms to the approved plan as required in K.C.C. 16.82.060, as recodified by this ordinance.
NEW SECTION. SECTION 40. Grading. Grading means any removing of the duff layer, excavating, dredging or filling, or any combination thereof.
NEW SECTION. SECTION 41. Ground motion. Ground motion means a shaking of the ground caused by the elastic wave emanating from a blast or seismic event.
NEW SECTION. SECTION 42.\caps Hazard tree. Hazard tree means 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 dwelling unit, accessory dwelling unit, buildings that are a 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 43. Herbicide. Herbicide means any chemical, organism or product used to kill, repel or otherwise control unwanted vegetation. Herbicide is a type of pesticide.
NEW SECTION. SECTION 44. Impervious surface. Impervious surface means, for the purpose of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance), 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; and areas which are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas. Impervious surfaces shall not include landscaping and surface water flow control and water quality treatment facilities.
NEW SECTION. SECTION 45. Improved area. Improved area means an area which has been disturbed or altered in accordance with law by mechanical or other human means and is actively maintained to 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 46. Light equipment. Light equipment means hand-held tools and construction equipment, such as chain saws, wheelbarrows and post-hole diggers;
NEW SECTION. SECTION 47. Maintenance. Maintenance means those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. For the purposes of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance), activities within landscaped areas within areas subject to native vegetation retention requirements may be considered maintenance only if they maintain or enhance the canopy and understory cover.
NEW SECTION. SECTION 48. Native vegetation. Native vegetation means a mix of plant species comprising herbs, grasses, grass-like plants, shrubs and trees indigenous to the Puget Sound region that reasonably could be expected to naturally occur on the site;
NEW SECTION. SECTION 49. Noxious weed. Noxious weed means a plant species which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to any plant species listed on the state noxious weed list contained in WAC 16-750, regardless of the list's regional designation or classification;
NEW SECTION. SECTION 50. Park. For the purposes of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance), park means any real property managed for recreational use by the public and continuously maintained as such or has been developed as a park defined in K.C.C. 21A.06.835 pursuant to a properly issued permit;
NEW SECTION. SECTION 51. Pesticide Pesticide means any herbicide, insecticide, fungicide, rodenticide or any other chemical used to kill, repel or otherwise control unwanted organisms.
NEW SECTION. SECTION 52. Reclamation. Reclamation means the final grading and restoration of a site to reestablish on a perpetual basis the vegetative cover, soil, surface water and groundwater conditions appropriate to accommodate and sustain all permitted uses of the proposed zone appropriate for the site.
NEW SECTION. SECTION 53. Roadway. 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 roadway is only one of the improved portions within the road right-of-way, which also may include the roadside ditch and cut or engineered slope;
NEW SECTION. SECTION 54. Shorelines. Shorelines means those lands defined as shorelines in the state Shorelines Management Act of 1971, as amended.
NEW SECTION. SECTION 55. Site. Site means 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 K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance).
NEW SECTION. SECTION 56. Slope. Slope means an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance.
NEW SECTION. SECTION 57. Structure. Structure means 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.
NEW SECTION. SECTION 58. Structural fill. Structural fill means any fill placed and graded to meet a minimum compaction requirement including a defined embankment such as a road or berm.
NEW SECTION. SECTION 59. Submerged land. Submerged land means any land at or below the ordinary high water mark of a stream, lake or tidal water.
NEW SECTION. SECTION 60. Substantial improvement. Substantial improvement means any maintenance, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the maintenance, 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 61. Surface water conveyance. Surface water conveyance means 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 62. Surface water discharge. Surface water discharge means the flow of surface water into receiving water or another discharge point.
NEW SECTION. SECTION 63. Terrace. Terrace means a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.
NEW SECTION. SECTION 64. Tidelands. Tidelands means that portion of the land which is covered and uncovered by the ebb and flood tide.
NEW SECTION. SECTION 65. Tree. Tree means a large woody perennial plant usually with a single main stem or trunk and generally over twelve feet tall at maturity.
NEW SECTION. SECTION 66. Tributary drainage area. Tributary drainage area means 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 67. Understory. Understory means the vegetation layer of a forest that includes shrubs, herbs, grasses, and grassplants, but excludes native trees.
NEW SECTION. SECTION 68. Utility corridor. Utility corridor means 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.
NEW SECTION. SECTION 69. Vegetation. Vegetation means any and all plant life growing at, below or above the soil surface.
NEW SECTION. SECTION 70. Wildlife. Wildlife means birds, fish and animals, other than humans, which are not domesticated and are considered to be wild.
NEW SECTION. SECTION 71. Wildlife habitat corridor. Wildlife habitat corridor means any area in King County that provides connection between critical wildlife habitats and refuges as delineated on the wildlife network and public ownership map adopted in the King County comprehensive plan.
SECTION 72. A. Sections 73 though 75 and 77 through 81 of this ordinance should constitute a new chapter in K.C.C. Title xx.
B. K.C.C. 16.82.050 and 16.82.060, each as amended by this ordinance, are each recodified as sections in K.C.C. chapter xx.xx (created under subsection A of this section).
NEW SECTION. SECTION 73. Permits Required. A. All activities physically altering a site, including clearing and grading activities and forest practices, shall be consistent with and meet the standards set forth in K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) unless preempted under RCW 76.09.
B. 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 unless specifically excepted under K.C.C. 16.82.050, as recodified by this ordinance. A separate permit shall be required for each site unless the activity is approved to occur on multiple sites under a programmatic permit issued in accordance with section 74 of this ordinance.
C. No person shall do any forest practice without first obtaining a forestry permit from the department or having all forest practices reviewed and approved by the department as part of another development proposal unless specifically excepted under K.C.C. 16.82.050, as recodified by this ordinance. A separate permit shall be required for each site unless the activity is approved to occur on multiple sites under a programmatic permit issued in accordance with section 74 of this ordinance.
D. The permits or approvals issued pursuant to K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) shall be required regardless of any permits or approvals issued by this or any other governmental agency and in no way precludes the requirement to obtain all other permits or approvals.
NEW SECTION. SECTION 74. 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 except mineral extraction:
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. A programmatic permit may be issued for any and all forest practices conducted under a county-approved forest management plan.
C. Programmatic permit conditions shall be uniformly applied to each activity authorized under the programmatic permit at all locations covered by the permit. The department may require that the applicant develop and propose such uniformly applicable permit conditions as part of the permit application. The department may approve, modify or reject any or all of the applicant's proposed conditions. No programmatic permit shall be issued by the department until applicable permit conditions are developed and approved;
D. 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;
E. The programmatic permit is a type of forestry or clearing and grading permit and, therefore, shall be subject to the same application, review and renewal requirements as a standard forestry or clearing and grading permit. In addition, some programmatic permits issued for forestry pursuant to K.C.C. chapter xx.xx (created under section 102 of this ordinance) are subject to periodic review requirements; and
F. If at any time 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 activity, that permit conditions or the manner in which they are implemented are not adequate to protect against the impacts resulting from the activity or that the site requires site-specific regulation, the department may require permit revision 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 forestry or clearing and grading permit.
NEW SECTION. SECTION 75. Application acceptance. ltrchApplicants shall submit an application for a permit in compliance with K.C.C. 16.82.060, as recodified by the ordinance, to the department which shall then be reviewed for acceptance according to the following:
A. No permit application pursuant to this chapter shall be accepted unless it is completed consistent with the requirements of K.C.C. 20.20.040 and the permit process and procedures provisions of K.C.C. chapter 20;
B. No permit application pursuant to this chapter shall be accepted for a site or project which has been found in violation and remains in violation of county laws and regulations or the conditions of any permit, notice and order or stop work order issues pursuant to such laws and regulations except as necessary to accomplish any required restoration or cure;
C. No permit application pursuant to this chapter except forestry permits shall be accepted unless accompanied by application for the permits or approvals necessary from King County for the development of a permanently established use permitted for the underlying zone on the portion of the site subject to the permit. The permits in combination shall result in the conversion to the permanently established use;
D. No permit application pursuant to this chapter except forestry permits shall be accepted on lands that are classified or designated Timberland pursuant to RCW 84.33 unless the applicant demonstrates that all payments and penalties resulting from the change in use pursuant to RCW 84.34.080 have been paid; and
E. No permit applications pursuant to this chapter shall be accepted for a period of six years from the date of the activity or date the violation was noticed, whichever is later, on lands cleared or graded pursuant to a Class II, III or IV special forest practice as defined in RCW 76.09 or on lands cleared or graded without state forest practices or county authorization, if such applications are for projects that include: the subdivision of land; preparation for or construction of residential or commercial buildings or accessory structures to such; other facilities not directly necessary for forestry, unless under time-limited leases totaling less than 6,000 square feet combined; or other proposals in conflict with or inconsistent with ongoing forestry; unless:
1. the applicant demonstrates that the clearing was consistent with the Conversion Option harvest Plan reviewed and approved by King County and incorporated as a condition of the state's forest practice permit, or
2. the director determines that:
a. the applicant was the unknowing subject of criminal trespass, timber theft or fraud, and has a legal case directly related to the activity subject to the moratorium either resolved in favor of the subject or pending and active;
b. the applicant demonstrates that those portions of the clearing not in compliance with all applicable King County regulations can be fully restored to the extent that functions shall be improved over those existing prior to the clearing; and
c. such restoration shall be required though an approved mitigation plan.
SECTION 76. Ordinance 1488 Section 7, as amended, and K.C.C. 16.82.060 are each hereby amended to read as follows:
Permit application 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. 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. No application shall be accepted unless it is completed consistent with the requirements of this chapter and the permit process and procedures chapter of K.C.C. Title 20. I)) prescribed by the department that, in addition to the requirements of K.C.C. 20.20.040, ((every application)) shall include, at a minimum:
1. Identification and description of the work to be covered by the permit for which application is made;
2. An estimate of the quantities of work involved by volume and the total area cleared as a percentage of the total site area;
3. An identification and description of:
a. Property boundaries, easements and setbacks;
b. all critical areas as defined in K.C.C. chapter xx.xx (created under section 110A of this ordinance) on or adjacent to the site; and
c. all clearing restrictions applicable to the site contained in K.C.C. 16.82.150, as recodified by this ordinance, critical drainage areas requirements established by administrative rules or property-specific development standards and special district overlays pursuant to K.C.C. chapter 21A.38.
B. For the purposes of determining the application of time periods and procedures adopted by K.C.C. chapter 20.20, applications for permits authorized by this chapter shall be considered a complete application as of the date of submittal or, in the case of applications found to contain material errors, shall be considered complete as of the date the corrected materials are submitted.
C. In addition to the information required for an application to be accepted pursuant to section 75 of this ordinance, the following information shall be necessary before the department can begin review. Review of the application shall not commence until determination by the department that the materials submitted contain the following:
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 similar description that will readily identify and definitely locate the proposed site;
3. Identify and describe those sensitive areas as defined in K.C.C. 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 p))Plans and specifications ((as required in subsections B. and C. )) that, at a minimum, include:
a. a 1:2000 scale vicinity map with a north arrow;
b. horizontal and vertical scale;
c. size and location of existing improvements on and within 50 feet of the project, indicating which will remain and which will be removed;
d. location of all proposed cleared areas;
e. existing and proposed contours at maximum five foot intervals, and extending for 100 feet beyond the project edge;
f. at least two cross-sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales; and
g proposed erosion and sediment control plan as required pursuant to section 84 of this ordinance;
((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 by the department; and
c. the form designating the applicant is submitted to the department prior to permit issuance;)) and
((8))2. ((Give such other information as may be required by the director)) A completed environmental checklist, if required by K.C.C. chapter 20.44, County Environmental Procedures.
((B. Plans and specifications. When required by the director, each 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, 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:))
D. Materials in addition to those required in subsection C of this section may be necessary for the department to be able to complete the review. When required by the department, the following materials, where applicable, shall be submitted:
1. ((General vicinity of the proposed site;
2. Property limits and accurate contours of existing ground and details of terrain and area drainage;
3. L)) Higher accuracy in contours and more details of existing terrain and area drainage, 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))2. Location of any open space tracts or conservation easements if required pursuant to:
a. K.C.C. 16.82.150, as recodified by this ordinance;
b. K.C.C. chapter ((21A.14,)) xx.xx (created under section 110A of this ordinance);
c. critical drainage areas((,)); or
d. property-specific development standards or special district overlays pursuant to K.C.C. chapter 21A.38;
((6))3. Calculations of the total proposed area cleared on site as a percentage of the total site area;
((7))4. 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)) from the area served by any drains;
((8))5. 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 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))6. ((Landscape and rehabilitation)) Restoration plan ((as)) if required by K.C.C. 16.82.150, as recodified by this ordinance;
((11))7. ((Other)) Additional information as may be required by the ((director)) department including studies prepared by qualified specialists as necessary to substantiate any submitted materials and compliance with K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance), particularly ((; and
12. If the)) when clearing or grading is proposed to take place in or adjacent to a ((sensitive)) critical areas ((as regulated in K.C.C. chapter 21A.24, provide information as required by that chapter)).
E. Plans and specifications shall be prepared and signed by a civil engineer if they are prepared in conjunction with the proposed construction or placement of a structure, include permanent drainage facilities or propose alterations in steep slope or landslide hazard areas.
F. The department shall determine the number of copies of the required plans, specifications and supporting materials necessary to expedite review and may require submittal materials in alternative formats.
G. The director may waive specific submittal requirements determined to be unnecessary for the acceptance and subsequent review of an application.
H. Any plans, specifications or supporting materials that are returned as a result of permit denial or any other reason, shall be returned to the applicant.
((D. Granting of permits 1. The director shall determine if the proposed grading will adversely affect the character of the site for present lawful uses or with the future development of the site and adjacent properties for building or other purposes as indicated by 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 grading work complies with the other provisions of this chapter. 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 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.
3. No grading permit shall be issued until approved by federal, state and local agencies having jurisdiction by laws or regulations.
4. Upon approval of the application and issuance of the 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. The permits from the director 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.))
B. Consistent with permit process and procedures provisions of K.C.C. chapter 20.20, including public notice procedures, the department shall review and provide a final decision to approve, condition or deny permits based on compliance with K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) and any other applicable regulations.
C. The department may combine the review of the permit application with any other permits or approvals necessary for the development proposal.
D. Any decision to approve, condition or deny a development proposal based on the requirements of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) and any other applicable regulations may be appealed according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020.
NEW SECTION. SECTION 78. Permit issuance. A. The director may issue a permit to the applicant if the director determines that:
1. The proposed alteration will not adversely affect the character of the site for present lawful uses or for future development of the site and adjacent properties consistent with the King County comprehensive plan, the King County shoreline master program and the zoning code K.C.C. Title 21A; and
2. The work complies with the other provisions of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance).
B. A notice to proceed shall not be issued for an approved permit until all federal, state and local agencies having jurisdiction pursuant to laws or regulations have approved the work or provided formal consultation.
NEW SECTION. SECTION 79. Permit duration and renewal. A. A forestry or 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. In no case shall any permit remain valid after the permitted activity has been completed, the site has been permanently stabilized and all required mitigation or restoration has been completed, monitored and accepted.
B. If the department determines that operating conditions and performance standards have been met and that the permit conditions are adequate to protect against the impacts resulting from the permitted activity, the permit may be renewed in two year increments, or less if a shorter approval or renewal period is specified by the department. Additional requirements applicable to renewal of programmatic permits are set forth in section 74 of this ordinance.
C. If the department determines that activities regulated under permits issued for mineral extraction pursuant to K.C.C. chapter xx.xx (created under section 91A of this ordinance) or for forestry pursuant to K.C.C. chapter xx.xx (created under section 102 of this ordinance) are not in compliance with permit conditions or operating standards during a renewal review, a periodic review may be required.
NEW SECTION. SECTION 80. Emergency Actions. Unless otherwise provided, activities or alterations requiring a permit pursuant to this chapter constituting emergency actions may be undertaken, and noncompliance with the requirements of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) and administrative rules promulgated thereunder at the time of the activities or alterations 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 section 7 of this ordinance, 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 this section shall be compiled by the director and made available for public inspection;
D. At the pre-application conference, the department shall establish the date by which all required permit applications and other materials or information, including a critical area report, shall be submitted;
E. Corrective action, as determined by the department, shall be completed in compliance with the corrective action requirements of K.C.C. chapter xx.xx (created under section 120A of this ordinance) for any alterations made during the emergency that are not in compliance with the requirements of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance); and
F. Mitigation, as determined by the department, shall be completed in compliance with the mitigation requirements of K.C.C. chapter xx.xx (created under section 120A of this ordinance).
NEW SECTION. SECTION 81. Variance decision criteria. A variance from required buffer widths and building setbacks set forth in sections 112 and 113 of this ordinance, or K.C.C. 21A.14.270, 21A.24.200, 21A.24.320 and 21A.24.370, each as recodified by this ordinance, shall be granted by the department, only if the applicant demonstrates all of the following:
A. The strict enforcement of the provisions of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance) creates an unnecessary hardship to the property owner;
B. The variance is necessary because of the unique size, shape, topography, or location of the subject property;
C. The subject property is deprived, by provisions of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 120A of this ordinance), of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;
D. The variance does not create health and safety hazards, is not materially detrimental to the public welfare or is not unduly injurious to property or improvements in the vicinity;
E. The variance does not relieve an applicant from any of the procedural provisions of K.C.C. chapters xx.xx (created under section 1A of this ordinance) through xx.xx (created under section 114A of this ordinance);
F. The variance does not relieve an applicant from any standard or provision that specifically states that no variance from such standard or provision is permitted;
G. The variance does not relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to K.C.C. chapter 21A.38, property-specific development standards or special district overlays;
H. The variance is the minimum necessary to grant relief to the applicant; and
I. The variance from setback requirements does not infringe upon or interfere with easement or covenant rights or responsibilities.
SECTION 82. 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
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 rightway; 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;