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Home My WebLink AboutAquifer Protection & Flood Hazard Amends to Critical Areas ORD (6/5/2000) wow August 7,2000 Renton City Council Minutes Page 280 Renton Clothes Bank The City of Renton is the primary funding source for the Clothes Bank. To enhance the working relationship with the Clothes Bank, the Human Services Advisory Committee desires representation on the Board. They are seeking a voting seat. Frequently, major contributors to organizations do have representation on the Boards, so this is not an unusual request. The conditions under which CDBG capital funding should be awarded: Hearing Speech and Deafness Center • Committment of other capital funds needed to complete the project. • No tenants will be displaced in their building. YWCA • Renton CDBG funds must be expended by December 31, 2002. The Committee recommended concurrence with the staff recommendation that the 2001 CDBG funds be distributed according to the Human Services Advisory Committee recommendations. (See page 272 for a listing of the 2001 CDBG funds distribution.) The Committee further recommended concurrence with the CDBG contingency funding plan. (See page 273 for the contingency funding plan's provisions.) MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following ordinances were presented for first reading and referred to the RESOLUTIONS meeting of 8/14/00 for second and final reading: Vacation: Camas Ave Alley, An ordinance was read vacating an alley located between 625 and 621 Camas 600 Block(Korn/Born,VAC- Ave.NE(Born and Korn; VAC-00-002). MOVED BY SCHLITZER, 00-002) SECONDED BY CORMAN,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/14/00. CARRIED. Planning: Center Downtown An ordinance was read amending Chapter 2, Land Use Districts, Chapter 4, Bulk Parking Property Development Standards, Chapter 9,Procedures and Review Criteria, and Chapter 11,Definitions,of Title IV(Development Regulations)of City Code relating to development standards for setbacks, landscaping, and parking. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/14/00. CARRIED. Comprehensive Plan: 2000 An ordinance was read adopting the 2000 amendments to the City's 1995 Amendments Comprehensive Plan,maps and data in conjunction therewith. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/14/00. CARRIED. Ordinance#4851 An ordinance was read amending Chapter 1,Administration and Enforcement, Planning:Aquifer Protection Chapter 2,Land Use Districts, Chapter 3,Environmental Regulations and Ordinance Special Districts, Chapter 4,Property Development Standards,Chapter 5, Building and Fire Prevention Standards, Chapter 6, Street and Utility ct, Standards,Chapter 8,Permits and Decisions, Chapter 9,Procedures and Review Criteria,and Chapter 11, Definitions,of Title IV,Development Regulations; Chapter 5,Business Licenses, of Title V,Finance and Business Regulations; Chapter 5, Sewers, and Chapter 8, Aquifer Protection, of Title August 7, 2000 visa, Renton City Council Minutes Page 281 VIII,Health and Sanitation; of City Code by amending regulations and definitions for critical environmental areas relating to the aquifer. MOVED BY KEOLKER-WI-IEELER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4852 An ordinance was read amending Chapter 1,Fee Schedule, of Title V (Finance Police: False Alarms and Business Regulations), and Chapter 3, Alarm Systems, of Title VI(Police Ordinance Regulations),of City Code by creating definitions, setting new limits for the numbers of false alarms and penalties for false alarms, imposing a fee schedule for excessive false alarms and requiring registration for all premises protected by an alarm system. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL CANCEL Council: Meeting Cancellation THE REGULARLY-SCHEDULED COMMITTEE OF THE WHOLE AND (8/28/00, COW and Regular COUNCIL MEETINGS FOR AUGUST 28,2000. CARRIED. Meeting) ADJOURNMENT MOVED BY SCHLITZER, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 9:00 p.m. D2/41. . — fr,) MARIL J. TERSEN,CMC, City Clerk Recorder: Michele Neumann August 7,2000 July 24,2000 Renton City Council Minutes Page 266 C Finance Committee Finance Committee Chair Parker presented a report recommending approval of Finance: Vouchers Claim Vouchers 183821 - 184236, and one wire transfer totaling $2,525,109.16; and approval of Payroll Vouchers 26445 -26764 and 527 direct deposits totaling$1,060,193.98. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following ordinances were presented for first reading and referred to the RESOLUTIONS meeting of 8/07/00 for,second and final reading: Planning: Aquifer Protection An ordinance was read amending Chapter 1,Administration and Enforcement, Ordinance Chapter 2, Land Use Districts, Chapter 3, Environmental Regulations and Special Districts, Chapter 4,Property Development Standards, Chapter 5, Building and Fire Prevention Standards,Chapter 6, Street and Utility Standards,Chapter 8,Permits and Decisions,Chapter 9, Procedures and Review Criteria,and Chapter 11,Definitions, of Title IV, Development Regulations; Chapter 5,Business Licenses, of Title V,Finance and Business Regulations; Chapter 5, Sewers,and Chapter 8,Aquifer Protection, of Title VIII,Health and Sanitation; of City Code by amending regulations and efinitions for critical environmental areas relating to the aquifer. MOVED BY OLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THE RDINANCE FOR SECOND AND FINAL READING ON 08/07/00. ARRIED. Police: False Alarms An ordinance was read amending Chapter 3,Alarm Systems, of Title VI Ordinance (Police Regulations), of City Code by creating definitions, setting new limits tl for the numbers of false alarms and penalties for false alarms, imposing a fee schedule for excessive false alarms and requiring registration for all premises protected by an alarm system. MOVED BY SCHLITZER, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 08/07/00.* Councilman Persson stated that he supported the ordinance but expressed his concern regarding the late registration penalty. He inquired as to how the City will notify citizens who have alarms so that they don't have to pay a late registration fee. Councilmember Nelson said that at this time there will be no initial registration fee; however,in the future a fee will be assessed. In regards to the false alarm fines,Ms.Nelson said that citizens will not be fined for the first three false alarms,but that over the course of a year,a fee of$50 will be charged for the fourth and fifth false alarm and a fee of$100 will be charged for the sixth and successive false alarms. Discussion ensued regarding how citizens would be notified of the registration fee. Responding to Councilman Corman's inquiry regarding unmonitored alarms, City Attorney Larry Warren said that he spoke with Police Chief Anderson and learned that unmonitored alarms caused just as many problems, if not more, than monitored alarms. Councilman Corman cited from Section 6-3-2H of the ordinance which states "A late registration penalty as set forth in the Fee Schedule will be charged, in addition to the fee provided in subsection G, to a user who fails to obtain a registration within 30 days after the system becomes operative,or to a current user who fails to obtain a registration as provided in subsection G,"and expressed his concern regarding the enforcement of the alarm registration fee. . _ _ pI, S- : yc c mr) cmm r- c �' o�c= omao� c� yEooccE Ew al- �- >= m al' co ,> O .a- o-miE0E ^ 0Nw'. C >Z-U� y o cy °Bmcrom UU�--o E u. m r. 0.7 C U :. C 03...;nhbH fA m ..•- m'mc c6 (0 as0 .3 -'CO 3 CC p„V_p.,f/} ' m m�•.g V or= a ..C r m 01-g o- of N,g-an d C=3 7_ ' « O.•J m 0 co`::L'O.>::� aj-0 0 jm>. .0 =.._ cQ c.•C• _ 0) 0-0 O .OBOE.0)- CC-� e'.. U -" z2z U :oo.c0Ucco'� c%-..fi)ot0 cco00Dco 43I co6commmm�c cn om �m a I)o. o 0Q]o '-v.VEm.. 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UU 00 Ew > cU Uw O 0 F=- , 0 c � `" Amends ORD 3540, 4351, 4462, 4522, 4722, 4723, 4832, 4835 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4856 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 3, GENERAL PENALTY, OF TITLE I, (ADMINISTRATIVE); CHAPTER 1, ADMINIS'II{ATION AND ENFORCEMENT, CHAPTER 2, LAND USE DISTRICTS, CHAPTER 3, ENVIRONMENTAL REGULATIONS AND SPECIAL DISTRICTS, CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS, CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, CHAPTER 6, STREET AND UTILITY STANDARDS, CHAPTER 7, SUBDIVISION REGULATIONS, CHAPTER 9, PROCEDURES AND REVIEW CRITERIA, AND CHAPTER 10, NONCONFORMING STRUCTURES, USES AND LOTS, OF TITLE IV (DEVELOPMENT REGULATIONS); CHAPTER 13, PUBLIC DANCES AND DANCE HALLS, OF TITLE V (FINANCE AND BUSINESS REGULATIONS); CHAPTER 1, GARBAGE, OF TITLE VIII (HEALTH AND SANITATION); CHAPTER 10, STREET EXCAVATIONS, CHAPTER 13, TREES AND SHRUBBERY, AND CHAPTER 15, WEEDS AND NOXIOUS MATTER, OF TITLE IX (PUBLIC WAYS AND PROPERTY); OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CLARIFYING, REORGANIZING AND RESTATING PENALTIES FOR VIOLATIONS OF THE CITY CODE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I: Section 1-3-1 of Chapter 3, General Penalties, of Title I (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: CHAPTER 3, REMEDIES AND PENALTIES: 1-3-1: Criminal Penalties 1-3-2: Civil Penalties 1-3-3: Nuisance 1-3-4: Definitions 1-3-5: Penalties for Violations of Shoreline Master Program Provisions 1 ORDINANCE NO. 4 8 5 6 1-3-1 CRIMINAL PENALTIES: A. Applicability: Any person who shall violate any of the provisions of the Renton Municipal Code or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall use land or construct in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by such proper authority or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. B. Violations: Any person convicted of a criminal violation of any section of this Code shall be punished in accordance with RCW 9A.20.021(2), as now or hereafter amended, for gross misdemeanors and RCW 9A.20.021 (3), as now or hereafter amended, for misdemeanors. Whenever a specific penalty or range of penalties has been established for a crime by the State legislature and that crime has been incorporated into the City's Criminal Code, either directly or by reference, then the penalty ranges established by the legislature shall govern and this provision shall not be enforced. C. To What Acts Penalty Shall Attach: Any person who shall commit any act declared by any section of this Code to be unlawful for which there is no stated penalty or who fails to perform any act or discharge any obligation or duty required by or imposed upon him by any ordinance for which there is no stated penalty shall be deemed guilty of a misdemeanor and shall be subject to the penalty fixed for the violation with like effect as if such penalty were specifically declared in the section forbidding such act or declaring the same to be unlawful or prescribing the duty or imposing the obligation, and where any duty is prescribed or obligation 2 ORDINANCE NO. 4 8 5 6 imposed or where any act which is of a continuing nature is forbidden or declared to be unlawful, each day such duty or obligation remains unperformed or such act continues shall constitute a separate offense except where otherwise provided in this Code. D. Penalties for Violations of Fire Prevention Regulations: 1. Misdemeanor: Any person who shall violate any of the provisions of fire prevention regulations or the Uniform Fire Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by such proper authority or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. 2. General: The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION II: Section 1-3-1.E of Chapter 3, Remedies and Penalties, of Title I (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted. 3 ORDINANCE NO. 4 8 5 6 SECTION III: Section 1-3-2.C.1 of Chapter 3, Remedies and Penalties, of Title I (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 1. Failure to Comply Is Violation: A failure to comply with the requirements of the following sections shall be considered a violation subject to civil penalties: a. Title V: Chapter 5, Business Licenses, and Chapter 12, Adult Entertainment Standards. b. Title VI: Chapter 1, Abandoned Vehicles, and Chapter 14, Litter, Sections 6-14-17, 6-14-18, 6-14-19 and 6-14-20. c. Title VIII: Chapter 1, Garbage. d. Title IX: Chapter 10, Street Excavations, Chapter 13, Trees and Shrubbery, and Chapter 15, Weeds and Noxious Matter. e. Title IV: All sections, with the exception of the following sections: (1) Fire Prevention and Uniform Fire Code Regulations: section 4-5-070. (2) Shoreline Master Program Regulations: section 4-3-080. SECTION IV: Section 1-3-2.0 of Chapter 3, Remedies and Penalties, of Title I (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" has been amended by adding sections C.4 and H, which read as follows: C.4. Violations Declared Nuisance: Any violations of the provisions of RMC 4-3-050 Critical Areas Regulations shall be, and the same is declared to be unlawful and a public nuisance and the City Attorney may, in addition to or lieu of prosecuting a civil action hereunder, commence an action or actions, for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take jurisdiction to grant such relief as will abate or remove such violation and retrain and enjoin any person, entity, business, corporation or partnership from continuing or maintaining such violations contrary to the provisions of RMC 4-3-050. H. Suspension or Revocation of Permits/Licenses: In addition to other penalties, provided for elsewhere, the City may suspend or revoke a permit or license if it finds that the 4 ORDINANCE NO. 4856 applicant or Permittee has not complied with any or all conditions of limitations set forth in the permit, has exceeded the scope of work set forth in the permit, or has failed to undertake the project in the manner set forth in the approved application. SECTION V: Section 1-3-2.F of Chapter 3, Remedies and Penalties, of Title I (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" has been amended to read as follows: F. Tests: 1. Whenever there is insufficient evidence of compliance with any of the provisions of RMC 4-3-050, Critical Areas Regulations, or evidence that any action does not conform to the requirements of RMC 4-3-050, the Department Director may require tests as proof of compliance with to be made at no expense to this jurisdiction. 2. Test methods shall be as specified by RMC 4-3-050, Critical Areas Regulations, or by other recognized and accepted test standards. If there are no recognized or accepted test methods for the proposed alternate, the Department Director shall determine test procedures. SECTION VI: Chapter 3, Remedies and Penalties, of Title I (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, which reads as follows: 1-3-5: PENALTIES FOR VIOLATIONS OF SHORELINE MASTER PROGRAM PROVISIONS: A. Prosecution: Every person violating any of the provisions of this Master Program or the Shoreline Management Act of 1971 shall be punishable under conviction by a fine not exceeding one thousand ($1,000) dollars, or by imprisonment not exceeding ninety (90) days, or 5 ORDINANCE NO. 4 856 by both such fine and imprisonment, and each day's violation shall constitute a separate punishable offense. B. Injunction: The City Attorney may bring such injunctive, declaratory or other actions as are necessary to insure that no uses are made of the shorelines of the State under the City's jurisdiction which are in conflict with the provisions and programs of this Master Program or the Shoreline Management Act of 1971, and to otherwise enforce provisions of this Chapter and the Shoreline Management Act of 1971. C. Public And Private Redress: Any person subject to the regulatory program of this Master Program who violates any provision of this Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. The City Attorney may bring suit for damages under this subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation, the Court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the Court in its discretion may award attorney's fees and costs of the suit to the prevailing party. SECTION VII: Sections 4-1-100 and 4-1-110.B of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 6 ORDINANCE NO. 4 8 5 6 4-1-100. ENFORCEMENT: A. Enforcement Officer: The Development Services Administrator or his or her designated representative shall be responsible for investigation of violation and citation of the violating parties. 4-1-110B. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION VIII: Section 4-2-140 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION IX: Section 4-3-050Q of Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted. SECTION X: Chapter 3, Environmental Regulations and Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding section 4-3-130, which reads as follows: 4-3-130. VIOLATIONS OF THIS CHAPTER AND PENALTIES: A. Enforcement Officer: The Development Services Administrator or his or her designated representative shall be responsible for investigation of violation and citation of the violating parties. 7 Nore ORDINANCE NO. 4856 B. Penalties for Violation: Unless otherwise specified. Penalties for any violations of any of the provisions of this section shall be in accord with RMC 1-3. SECTION XI: Section 4-4-070.I of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted. SECTION XII: The title of section 4-4-100T and the subtitle of section 4-4-100.T.1 of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby renamed to read as follows: 4-4-100T. COMPLIANCE AND CONFISCATION OF SIGNS. 4-4-100.T.1. Compliance Required. SECTION XIII: Section 4-4-100.T.2 of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted and the remaining subsections renumbered accordingly. SECTION XIV: Section 4-4-140 of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, which reads as follows: 4-4-140.N. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XV: Section 4-5-120.N of Chapter 5, Building and Fire Prevention 8 rr ORDINANCE NO. 485 6 Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XVI: Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, which reads as follows: 4-6-110. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XVII: Section 4-7-240 of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XVIII: Section 4-9-260 of Chapter 9, Procedures and Review Criteria, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XIX: Chapter 10, Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, which reads as follows: 9 ORDINANCE NO. 4 856 4-10-020. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XX: Chapter 13, Public Dances and Dance Halls, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, which reads as follows: 5-13-19. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XXI: Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, which reads as follows: 8-1-12. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XXII: Section 9-10-12 of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: VIOLATIONS AND PENALTIES: It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove or improve any facility located on public right-of- way without the required permits or authorization of the Public Works Director or his duly authorized representative. Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XXIII: Section 9-13-2 of Chapter 13, Trees and Shrubbery, and section 10 rrr ORDINANCE NO. 4856 9-15-6 of Chapter 15, Weeds and Noxious Matter, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 9-13-2. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. 9-15-6. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3. SECTION XXIV: This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this 21st day of August , 2000. Marilyn J. et Aen, City Clerk APPROVED BY THE MAYOR this 21st day of August , 2000. c7-044-1-4-1"- Je /Tanner, Mayor Approve to form. Lawrence J. Warren, City Attorney Date of Publication: 8/25/2000 (Summary) ORD.855:6/21/00:ma 11 CITY OF RENTON, WASHINGTON ORDINANCE NO. 48 51 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, ... CHAPTER 2, LAND USE DISTRICTS, CHAPTER 3, ENVIRONMENTAL REGULATIONS AND SPECIAL DISTRICTS, CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS, CHAPTER 5, BUILDING AND FIRE •.• PREVENTION STANDARDS, CHAPTER 6, STREET AND UTILITY STANDARDS, CHAPTER 8, PERMITS AND DECISIONS, CHAPTER 9, PROCEDURES AND REVIEW CRITERIA, AND CHAPTER 11, •• DEFINITIONS, OF TITLE IV, DEVELOPMENT REGULATIONS; CHAPTER 5, BUSINESS LICENSES, OF TITLE V, FINANCE AND BUSINESS REGULATIONS; CHAPTER 5, SEWERS, AND CHAPTER 8, AQUIFER PROTECTION, OF TITLE VIII, HEALTH AND SANITATION; OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY AMENDING REGULATIONS AND DEFINITIONS FOR CRITICAL ENVIRONMENTAL AREAS RELATING TO THE AQUIFER. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-1-050.A of Chapter 1, Administration and Enforcement, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. PLANNINGBUILDING/PUBLIC WORKS ADMINISTRATOR OR DESIGNEE: 1. Authority: The Planning/Building/Public Works Administrator or his or her designee shall review and act on the following: a. Building and grading permits, b. Conditional approval permits for nonconforming structures, c. Conditional use permit, administrative, d. Critical area regulation alternates and modifications, e. Critical Areas Regulation administrative determinations per RMC 4-3- 050.D.4, Review Authority. f. Modifications of the number of required parking stalls and the requirements of the parking, loading and driveway regulations, g. Interpretation of flood insurance rate map boundaries, h. Lot line adjustments, 1 t - litie ORDINANCE NO. 4851 " r� i. Master site plan review(individual phases), j. Minor modifications to previously approved site plan, k. Modifications to development standards in the Centers Residential e Demonstration Overlay District, 1. Modifications of storm drainage requirements, m. Modification of Geologic Hazard Regulations for man-made slopes, n. Modifications/waivers of sewer code requirements, o. Public art exemption certificate, p. Review of business licenses for home occupations, q. Routine vegetation management permits, r. Shoreline exemptions, s. Shoreline permits, t. Short plats —four (4) or less, u. Site plan approval, administrative, v. Temporary emergency wetland permits, w. Temporary use permits, x. Variances—Administrative pursuant to RMC 4-9-250.B.1.c, y. Waivers of right-of-way dedication for plat. SECTION II. Section 4-1-070.B.2 of Chapter 1, Administration and Enforcement, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: so 2. Title 8—Health and Sanitation: s Chapter 2 Storm and Surface Water Drainage Chapter 4 Water Chapter 5 Sewers Chapter 6 Solid Waste Utility Chapter 7 Noise Level Regulations a SECTION III. Section 4-2-010.D of Chapter 2, Land Use Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: a 2 nw V�IY` Ordinances amended by Ordinance No. 4851 3891 4071 4147 4186 4219 4367 4403 4437 4504 4527 4587 4722 4740 •- 4835 -- .�.. ORDINANCE NO. 4 8 51 D. ADDITIONAL RESTRICTIONS ON LAND USE: TYPE OF LAND USE RESTRICTION ZONING MAP SYMBOL Auto Mall Restrictions Dot Pattern Public Use Designation"P" TYPE OF LAND USE RESTRICTION REFERENCE OR CODE SECTION NO. Airport Use Restrictions RMC 4-3-020 Aquifer Protection Restrictions RMC 4-3-050 Auto Mall Restrictions RMC 4-3-040 Downtown Core Area RMC 4-2-070M and 4-2-080C Downtown Pedestrian District RMC 4-2-070M and 4-2-080D Restrictive Covenants See Property Title Report �., SECTION IV. Section 4-2-050.C.2 of Chapter 2, Land Use Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2. Other Requirements Applicable: Any of the above uses are subject to the review procedures specified in chapter 4-9 RMC, Procedures and Review Criteria, the development standards of chapters 4-3, Environmental Regulations and Special Districts, 4-4, Property Development Standards, and 4-6, Street and Utility Standards, and may be subject to additional conditions as noted in subsection C3 of this Section. The Aquifer Protection regulations of Section 4-3-050, Critical Areas Regulations, further restrict usage of those properties located within the Aquifer Protection Area Boundary shown in RMC 4-3-050.Q, Maps. SECTION V. Section 4-2-120.A of Chapter 2, Land Use Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as shown on Attachment A, which is hereby -- incorporated. SECTION VI. Section 4-2-130.A of Chapter 2, Land Use Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as shown on Attachment B, which is hereby incorporated. 3 Are ORDINANCE NO. 4851 I SECTION VII. Section 4-3-030 of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code a of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4-3-030 (Reserved) SECTION VIII. The Table of Contents of Section 4-3-050, of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is err hereby amended to read as follows: • 4-3-050 CRITICAL AREAS REGULATIONS A. PURPOSE 1. General 2. Aquifer Protection 3. Flood Hazards ati 4. Geologic Hazards 5. Habitat Conservation 6. Shorelines, Streams and Lakes [Reserved] 7. Wetlands B. APPLICABILITY: SENSITIVE AREAS DESIGNATIONS/MAPPING 1. Lands to Which These Regulations Apply a 2. Aquifer Protection a. Applicability b. Aquifer Protection Area(APA) c. Aquifer Protection Zones d. Mapping 3. Flood Hazards a. Applicability b. Areas of Special Flood Hazard c. Mapping and Documentation 4. Geologic Hazards a. Applicability b. Steep Slopes (1) Method of Steep Slope Measurement (2) Slope Types c. Landslide Hazards (1) Low Landslide Hazard (LL) (2) Medium Landslide Hazard (LM) rr (3) High Landslide Hazards (LH) (4) Very High Landslide Hazards (LV) d. Erosion Hazards 4 e �- 'e.. ORDINANCE Na 4 8 51 (1) Low Erosion Hazard (EL) (2) High Erosion Hazard (EH) e. Seismic Hazards (1) Low Seismic Hazard (SL) (2) High Seismic Hazard(SH) f. Coal Mine Hazards (1) Low Coal Mine Hazards (CL) (2) Medium Coal Mine Hazards(CM) (3) High Coal Mine Hazard (CH) �.. g. Mapping 5. Habitat Conservation a. Applicability •.• b. Critical Habitat c. Mapping 6. Shorelines, Streams and Lakes [Reserved] a. Applicability [Reserved] b. Definitions [Reserved] c. Mapping [Reserved] 7. Wetlands a. Applicability b. Classification System (1) Category 1: Very High Quality Wetlands (2) Category 2: High Quality Wetlands (3) Category 3: Lower Quality Wetlands c. Maps and Inventory d. Delineation of Wetland Edge e. Regulated and Non-Regulated Wetlands 8. Mapping-General C. APPLICABILITY: EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES 1. Applicability a. Aquifer Protection Areas—Compliance with Regulations [Reserved] (1) Development Permits (2) Facilities (i) Existing Facilities (ii) Existing Facilities—Limitation on Material Increase (iii) New Facilities (iv) Abandonment (3) Hazardous Materials—Use, Production, Storage, Treatment, Disposal or Management (i) Application of Pesticides and Nitrates (ii) Construction Activities (iii) Fill Material (iv) Fuel Oil Heating Systems (v) Pipelines (vi) Solid Waste Systems (vii) Surface Water Systems (viii) Unauthorized Release 5 %.00 ORDINANCE NO. 4 8 51 Vio (ix) Wastewater Disposal Systems b. Shorelines, Streams and Lakes: [Reserved] 2. Permit Required a. Permit Required—Development or Alteration b. Aquifer Protection Area- Permits 3. Finding of Conformance Required a. General b. Aquifer Protection Areas 4. Letter of Exemption a. When Required (1) Aquifer Protection, Flood Hazards, Geologic Hazards, Habitat Conservation, and Wetlands (2) Shorelines, Streams and Lakes [Reserved] wfi b. Applicability of Section Requirements to Exempt Activities c. Administrator Findings 5. Specific Exemptions a. Conservation, Enhancement, Education and Related Activities b. Research and Site Investigation c. Agricultural, Harvesting, Vegetative Management d. Surface Water e. Roads, Parks, and Public Utilities f. Wetland Disturbance, Modification and Removal id g. Maintenance and Construction—Existing Uses and Facilities h. Emergency Activities i. Hazardous Materials 6. Limited Exemptions a. Hazardous Materials 7. Exemptions in Buffers a. Activities in Critical Area Buffers 8. Prohibited Activities a. General- All Sensitive Areas b. Prohibited Activities—Flooding c. Prohibited Activities—Shorelines, Streams and Lakes [Reserved] d. Prohibited Activities—Wetlands e. Prohibited Activities—Aquifer Protection Areas (1) Zones 1 and 2 (2) Zone 1 (3). Zone 2 9. Temporary Emergency Exemption Procedure a. Temporary Emergency Exemption b. Temporary Emergency Exemption Review Authority and Decision Criteria c. Temporary Emergency Exemption Letter Process and Timing (1) Time Limits (2) Restoration Required (3) Public Notice Required (4) Expiration of Exemption Authorization 10. Non-Conforming Activities or Structures 6 tar .41110, ORDINANCE NO. 4 8 51 •.. ,.. D. ADMINISTRATION AND INTERPRETATION 1. General Provisions—All Sensitive Areas a. Duties of Administrator ... b. Interpretation c. Compliance d. Review Official 2. Aquifer Protection a. Inspections Authorized b. Potential to Degrade Groundwater—Zone 2 3. Flood Hazards a. Duties and Responsibilities of the Department Administrator or Designee b. Information to Be Obtained and Maintained (1) Record Required (2) Elevations and Certificates (3) Public Records c. Alteration of Watercourses (1) Notice Required (2) Maintenance d. Interpretation of Firm Boundaries e. Record Required 4. Review Authority a. Review Authority—General b. Review Authority- Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands (1) Geologic Hazards (2) Habitat Conservation (3) Shorelines, Streams and Lakes [Reserved] (4) Wetlands c. Review Authority- Aquifer Protection Areas 5. Authority to Approve, Condition and Deny- General 6. Authority to Approve, Condition and Deny—Shorelines, Streams and Lakes [Reserved] E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS 1. Performance Standards 2. Protection of Sensitive Area 3. Allowed Alterations F. SUBMITTAL REQUIREMENTS AND FEES 1. Applicability 2. Pre-application Consultation 3. Plans Required 4. Submittal Requirements 5. Fees 6. Waiver of Submittal or Procedural Requirements G. NATIVE GROWTH PROTECTION AREAS 1. When Required 2. Standards 3. Method of Creation a. Conservation Easement 7 imi ORDINANCE NO. 4 8 51 400 "' b. Protective Easement ai c. Tract and Deed Restriction 4. Marking During Construction 5. Signage Required 6. Responsibility for Maintenance 7. Maintenance and Maintenance Note Required H. AQUIFER PROTECTION iii 1. Applicability 2. Facilities a. Removal of Existing Facilities—Zone 1 ai b. Existing Facilities Change in Quantities—Zone 1 c. Existing Facilities— Allowances in Zone 2 d. Requirements for Facilities—Zones 1 and 2 (1) Secondary Containment Devices and Requirements—Zones 1 and 2 (2) Hazardous Material Monitoring Requirements for Existing Facilities — Zones 1 and 2 (3) Emergency Collection Devices—Zones 1 and 2 (4) Inspection of Containment and Emergency Equipment—Zones 1 and 2 (5) Employee Training—Zones 1 and 2 a (6) Additional Facility Requirements for Zone 1 3. Use of Pesticide and Nitrates—Zones 1 and 2 a. Use of Pesticides a b. Nitrate-Containing Material 4. Wastewater Disposal Requirements—Zones 1 and 2 5. Surface Water Requirements—Zones 1 and 2 6. Pipeline Requirements a. Pipeline Requirements—Zone 1 b. Pipeline Requirements—Zone 2 ' 7. Construction Activity Standards—Zones 1 and 2 8. Fill Material Requirements—Zones 1 and 2 9. Regulations for Existing Solid Waste Landfills—Zones 1 and 2 a. Materials 4 b. Groundwater Monitoring r 10. Hazardous Materials—Release Restrictions—Zones 1 and 2 I. FLOOD HAZARDS 1. Applicability 2. General Standards a. Anchoring—All New Construction b. Anchoring—Manufactured Homes al c. Construction Materials and Methods d. Utilities (1) Water "' sii (2) Sewer (3) Waste Disposal e. Subdivision Proposals f. Project Review (1) Building Permits (2) Land Use Applications 8 a �- ORDINANCE NO. 4851 3. Specific Standards a. Residential Construction b. Manufactured Homes ,.. c. Nonresidential Construction d. Recreational Vehicles 4. Additional Restrictions within Floodways ... a. Increase in Flood Levels Prohibited b. Residential Construction in Floodways c. Compliance Requirements 5. Critical Facility 6. Compensatory Storage a. Compensatory Storage Required b. Additional Requirements - Springbrook Creek c. Determining Finished Floor Elevations According to FEMA J. GEOLOGIC HAZARDS �. 1. Applicability 2. Special Studies Required 3. Independent Secondary Review ... a. Required: Sensitive Slopes, and Medium, High, or Very High Landslide Hazards b. At City's Discretion: High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazard 4. Conditions of Approval 5. Protected Slopes a. Prohibited Development b. Exceptions Through Modification c. Exceptions Through Variance d. Exceptions Through Waiver e. Native Growth Protection Areas—Protected Slopes f Conditions of Approval 6. Sensitive Slopes, Medium and High/and Very High Landslide Hazards, and High Erosion Hazards a. Erosion Control Plans b. Conditions of Approval c. On-site Inspections 7. Very High Landslide Hazards a. Development Restrictions b. Buffer Requirement c. Native Growth Protection Area- Very High Landslide Hazards 8. Coal Mine Hazards a. Medium Hazard- Report Required b. High Hazard-Report Required c. Conditions of Approval (1) Additional Engineering Design and Remediation Specifications d. Hazards Found During Construction e. Construction in Areas with Combustion K. HABITAT CONSERVATION 1. Applicability 9 W ORDINANCE NO. 4851 2. Habitat Assessment Required eii 3. Native Growth Protection Areas 4. Alterations Require Mitigation 5. Mitigation Options rii a. On-Site Mitigation b. Off-Site Mitigation c. In-Kind Mitigation L. SHORELINES. STREAMS AND LAKES [Reserved] M. WETLANDS 1. Applicability `rti a. Regulated and Non-Regulated Wetlands— General b. Non-Regulated Class 3 Wetlands 2. General Standards for Permit Approval 3. Study Required a. When Study Is Required (1) Wetland Classification (2) Wetland Delineation b. Study Waived 4. Delineation of Regulatory Edge of Wetlands a. Methodology b. Delineations - Open Water c. Adjustments to Delineation by City d. Period of Validity for Wetland Delineation 5. Determination of Wetland Classification 6. Wetland Buffers a. Buffers Required b. Measurement of Buffers c. Standard Buffer Zone Widths a d. Increased Wetland Buffer Zone Width e. Reduction of Buffer Width f. Averaging of Buffer Width 7. Wetlands -Native Growth Protection Areas a. Protection Area Required b. Establishment c. Fencing May Be Required 8. Wetland Changes - Alternative Methods of Development 9. Compensating For Wetlands Impacts "o a. Goal b. Plan Requirements c. Plan Performance Standards d. Acceptable Mitigation- Permanent Wetland Impacts e. Restoration, Creation, or Combined Enhancement Required - Compensation for Permanent Wetland Impacts f. Compensating for Temporary Wetland Impacts g. Mitigation Bank Agreement - Glacier Park Company 10. Wetlands Compensation--Restoration, Creation, and Enhancement 11. Wetlands Creation and Restoration a. Creation or Restoration Proposals oil 10 a ORDINANCE NO. 4 8 51 b. Compliance with Goals c. Category d. Design Criteria e. Acreage Replacement Ratio f. Increased Creation/Restoration/Replacement Ratios g. Decreased Creation/Restoration/Replacement Ratios .., h. Category 3 Replacement Option i. Minimum Restoration/Creation Ratio 12. Wetland Enhancement a. Enhancement Proposals-Combined with Restoration and Creation b. Evaluation Criteria c. Wetlands Chosen for Enhancement •- d. Mitigation Ratios e. Ratio Modification and Minimum Restoration/Creation Ratio 13. Out-of-Kind Replacement �- 14. Off-site Compensation a. When Permitted: b. Location c. Siting Recommendations d. Timing 15. Cooperative Wetland Compensation: Mitigation Banks or Special Area Management Programs(SAMP) a. Applicability b. Process c. Mitigation Banks d. Special Area Management Programs e. Compensation Payments to Mitigation Bank 16. Mitigation Plans a. Required for Restoration, Creation and Enhancement Projects b. Timing for Mitigation Plan Submittal and Commencement of any Work c. Content of Mitigation Plan 17. Surety Devices a. Performance Surety Device Required (1) Amount of Performance Surety Device (2) Breach of Conditions (3) Release of Performance Security Device b. Maintenance Surety Device Required N. ALTERNATES, MODIFICATIONS AND VARIANCES 1. Alternates a. Applicability 2. Modifications a. Applicability (1) Aquifer Protection-Modifications (2) Geologic Hazards - Modifications (3) Wetlands-Modifications 3. Variances a. Aquifer Protection-Variances (1) Applicability 11 INF ORDINANCE NO. 4 8 51 (2) Application Submittal (3) Review Authority b. Flood Hazards - Variances (1) Applicability c. Geologic Hazards, Habitat Conservation, and Wetlands—Variance (1) Applicability (2) Variance Application Submittal (3) Review Authority d. Shorelines, Streams and Lakes—Variance Criteria [Reserved] O. APPEALS 1. General 2. Record Required - Flood Hazards P. ASSESSMENT RELIEF—WETLANDS 1. City Assessments Q. MAPS 1. Aquifer Protection 2. Flood Hazards 3. Geologic Hazards a. Coal Mine Hazards (1) Map (2) Mapping Criteria b. Erosion Hazards (1) Map (2) Mapping Criteria c. Landslide Hazards (1) Map (2) Mapping Criteria d. Seismic (1) Map (2) Mapping Criteria e. Steep Slopes (1) Map 4. Shorelines, Streams and Lakes [Reserved] 5. Wetlands R. GENERIC HAZARDOUS MATERIALS LIST S. PIPELINE MATERIAL • 1. Pipeline Material Requirement 2. Considerations on Selection of Pipeline Materials SECTION IX. Section 4-3-050.A.2 of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code tit of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2. Aquifer Protection: The overall purpose of the aquifer protection regulations is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. Other specific purposes include: 12 .. Nor ORDINANCE NO. 4 8 51 a. Protect the groundwater resources of the City. b. Provide a means of regulating specific land uses within Aquifer Protection Areas. c. Provide a means of establishing safe construction practices for projects built within an Aquifer Protection Area. d. Protect the City's drinking water supply from impacts by facilities that store, handle, treat, use,or produce substances that pose a hazard to groundwater quality. SECTION X. Section 4-3-050.B.1.a of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: a. Aquifer Protection Areas. SECTION XI. Sections 4-3-050.B.2, 4-3-050.B.3.c, and 4-3-050.B.7 of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 4-3-050.B.2: Aquifer Protection: a. Applicability: The aquifer protection regulations apply to uses, activities, and facilities located within an aquifer protection area(APA) as classified below. b. Aquifer Protection Area (APA): Aquifer Protection Areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as defined in Section 4-3-050.Q.1, Maps, Aquifer Protection. c. Aquifer Protection Zones: Zones of an APA are designated to provide graduated levels of aquifer protection. Each APA may be subdivided into two (2) aquifer protection zones: (1) Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day ground water travel time contour. (2) Zone 2: The land area situated between the three hundred sixty five (365) day ground water travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. (3) Protected APA Designated Zone 2: If the aquifer supplying water to a well, a well field, or spring is naturally protected by overlying geologic strata, the City may choose not to subdivide an APA into two (2) zones. In such a case, the entire APA will be designated as Zone 2. 13 a ORDINANCE NO. 4 R 5 1 d. Mapping: (1) Determination of Location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by Section 4- 3-050.Q.1, the following rules shall apply. (i) Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. • Facilities having parts lying within more than one zone of an APA shall be governed as follows: each part of the facility shall be reviewed and regulated by the requirements set forth in this Section for the zone in which that part of the facility is actually located. (ii) Facilities having parts lying both in and out of an APA shall be governed as follows: • That portion which is within an APA shall be governed by the tii applicable restrictions in this Section, and • That portion which is not in an APA shall not be governed by this Section. (2) Zone Maps: The locations of Aquifer Protection Areas (APA) in the City are depicted by the map in Section 4-3-050.Q.1, Maps, Aquifer Protection. Aquifer Protection Area maps and legal descriptions are on file with the City Clerk. a 4-3-050.B.3.c: Mapping and Documentation: The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the Flood Insurance Study for the City of Renton, dated September 29, 1989, and any subsequent revision, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this section. The flood insurance study is on file at the Planning/Building/Public Works Department. The best available information for flood hazard area identification as outlined above shall be the basis for regulation until a new Flood Insurance Rate Map is issued which incorporates the data utilized under RMC 4-3-050.D.3.a(4). 4-3-050.B.7.a: Applicability: The wetland regulations apply to sites containing or abutting wetlands as described below. Category 2 wetlands, less than 2,200 square feet in area, and Category 3 wetlands, less than 5,000 square feet in area, are exempt from these regulations. SECTION XII. Section 4-3-050.B of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code WI of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new subsection, 4-3-050.B.8, to read as follows: id 14 - - ORDINANCE NO. 4851 8. Mapping-General. The exact boundary of each critical area depicted on maps referenced herein is approximate and is intended only to provide an indication of the presence of a critical area on a particular site. Additional critical areas may be present on a site. The actual presence of critical areas and the applicability of these regulations shall be based upon the classification criteria for each critical area. SECTION XIII. Section 4-3-050.0 of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: ,.. C. APPLICABILITY: EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 1. Applicability: Unless determined to be exempt from permitting and standards, all proposed development, fill, and activities in regulated critical areas and their buffers shall comply with the requirements of this Section. Expansion or alteration of existing activities shall also comply with the requirements of this Section. Any person seeking to determine whether a proposed activity or land area is subject to this Section may request in writing a determination from the City. Such a request for determination shall contain the information requirements specified by the Department Administrator. a. Aquifer Protection Areas - Compliance with Regulations: The following •• developments, facilities, uses and activities shall comply with the applicable provisions and restrictions of RMC Section 4-3-050 and Chapter 4-6 and 4-9 for the APA zone in which the developments, facilities, uses and activities are �- located, except as preempted by Federal or State law: (1) Development Permits. Development permits shall be reviewed for compliance with the aquifer protection requirements of RMC 4-3-050. (2) Facilities: Facilities, as defined in Section 4-11-060, Definitions F, which are existing, new, or to be closed are subject to RMC 4-3-050 as �- specified below: (i) Existing Facilities: All owners of facilities which store, handle, treat, use, or produce Hazardous Materials or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Section; (ii) Existing Facilities — Limitation on Material Increase: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored, handled, treated, used, or produced in excess of quantities reported in the initial Aquifer Protection Area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by Section 4- .. 15 ' "` ORDINANCE NO. 4851 3-050.C.8.e.(2), Prohibited Activities — Aquifer Protection Areas, Zone 1; (iii)New Facilities: All proposals for new facilities within any zone of an Aquifer Protection Area must be reviewed for compliance with this Section prior to issuance of any development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced; (iv)Abandonment: No person, persons, corporation or other legal entity shall temporarily or permanently abandon a facility in an APA without complying with the requirements of section 4-9- 015.F, Closure Permits, and permit conditions of this Section; (3) Hazardous Materials - Use, Production, Storage, Treatment, Disposal, or Management. Persons that store, handle, treat, use, or produce a substance on the Generic Hazardous Materials List may be storing, handling, using, or producing a hazardous material as defined by this Section and Chapter 4-11, Definitions, and, therefore, shall be subject to the requirements of RMC 4-3-050 and as further specified below: (i) All applications for development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced at a location in the APA must be reviewed for compliance with this Chapter by the Department prior to approval. (ii) The focus of review for all permits will be on the hazardous materials that will be stored, handled, treated, used, or produced; and the potential for these substances to degrade groundwater quality. (iii)An inventory of hazardous materials on forms provided by the al Department shall be submitted to the Department upon application for a development permit. (iv)Where required by the Department, plans and specifications for ++ secondary containment shall be submitted and shall comply with section 4-3-050.H.2.d(1), Secondary Containment— Zones 1 and 2. Development permits shall not be issued until plans ati and specifications for secondary containment, if required, have been approved by the Department. (v) The Generic Hazardous Materials List attached and incorporated as Section 4-3-050.R is provided for informational purposes. (4) Application of Pesticides and Nitrates: Persons who apply pesticide and/or fertilizer containing nitrate in the APA, except for homeowners applying only to their own property, shall comply with Section 4-3- 16 N Iwo ti.. ORDINANCE NO. 4851 �- 050.H.3, Use of Pesticides and Nitrates—APA Zones 1 and 2. (5) Construction Activities: Persons engaged in construction activities as defmed in 4-11-030, Definitions C, shall comply with Section 4-3- "` 050.H.7, Construction Activity Standards—Zones 1 and 2, and Section 4-4-030.C.7, Construction Activity Standards—APA Zones 1 and 2; (6) Fill Material: Persons placing fill material on sites within the APA shall comply with Sections 4-3-050.H.8, Fill Material, and 4-4- 060.L.4, Fill Material; (7) Fuel Oil Heating Systems: Owners of facilities and structures shall comply with Section 4-3-050.C.8.e.(1), Prohibited Activities—Aquifer Protection Areas, Zones 1 and 2, relating to conversion of heating systems to fuel oil and installation of new fuel oil heating systems. (8) Pipelines: Owners of pipelines as defined in Section 4-11-160 shall comply with Section 4-3-050.H.6, Pipeline Requirements; (9) Solid Waste Landfills: Owners of existing solid waste landfills shall comply with Section 4-3-050.H.9, Regulations for Existing Solid Waste Landfills—Zones 1 and 2; (10)Surface Water Systems: Surface water systems shall meet the requirements of Sections 4-3-050.H.5, Surface Water Requirements, and 4-6-030.E, Drainage Plan Requirements and Methods of Analysis; (11)Unauthorized Release: All persons shall comply with section 4-3- 050.H.10, Hazardous Materials —Release Restrictions — Zones 1 and 2, and 4-9-015.G, Unauthorized Releases; (12)Wastewater Disposal Systems: Owners of structures that are connected to existing on-site sewage disposal systems and proposed wastewater disposal systems shall comply with Sections 4-3-050.H.4, Wastewater Disposal Requirements, and 4-6-040.J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. b. Shorelines, Streams and Lakes: [Reserved] 2. Permit Required: a. Permit Required — Development or Alteration: Prior to any development or alteration of a property containing a critical area as defmed in Section 4-3- . 050.B, Applicability: Critical Areas Designations/Mapping, the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption. If a proposed activity is not exempt and does not otherwise require a development permit, but is subject to this Section, the Department Administrator shall determine whether to grant or deny a separate critical areas permit based upon compliance with applicable standards and regulations of this Section. 17 *Br ORDINANCE NO. 4851 " 11110 b. Aquifer Protection Area — Operating and Closure Permits: Aquifer „o Protection Area operating permit and closure permit requirements are contained in Section 4-9-015, Aquifer Protection Area Permits. 3. Finding of Conformance Required: a. General: Conformance with these Critical Area Regulations shall be a fording in any approval of a development permit or aquifer protection area permit, and such finding shall be documented in writing in the project file. b. Aquifer Protection Areas: No changes in land use shall be allowed nor shall permits for development be issued if the Department finds that the proposed to land use, activity, or business is likely to impact the long term, short term or cumulative quality of the aquifer. The finding shall be based on the present or past activities conducted at the site; hazardous materials that will be stored, handled, treated, used or produced; and the potential for the land use, activity, or business to degrade groundwater quality. es 4. Letter of Exemption: a. When Required: ri (1) Aquifer Protection, Flood Hazards, Geologic Hazards, Habitat Conservation, Wetlands: Except in the case of public emergencies all exemptions in Sections 4-3-050.C.5, 6 and 7, require that a letter of exemption be obtained from the Department Administrator prior to construction or initiation of activities. (2) Shorelines, Streams and Lakes: [Reserved] b. Applicability of Section Requirements to Exempt Activities: Exempt activities provided with a letter of exemption may intrude into the critical area or required buffer subject to any listed conditions or requirements. Exempt activities do not need to comply with mitigation ratios of RMC 4-3-050.M.11, Wetlands Creation and Restoration, or 12, Wetland Enhancement, unless „• required in exemption criteria. A critical areas report, and/or enhancement or mitigation plan shall be required, unless otherwise waived by the Department Administrator. c. Administrator Findings: In determining whether to issue a letter of exemption for activities listed in Sections 4-3-050.C.5, 6, and 7, the Administrator shall find that: "'ri (1) the activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation; (2) the activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; "'n (3) impacts are minimized and, where applicable, disturbed areas are immediately restored, unless the exemption is a wetland below the size thresholds pursuant to RMC 4-3-050.C.5.f(1) and f(2). a 18 ea ORDINANCE NO. 4 8 51 (4) If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. 5. Specific Exemptions- Critical Areas and Buffers: Specific exempt activities are listed in the following table. If an "X" appears in a box, the listed exemption applies .. in the specified critical area and required buffer. If an "X" does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table the term "restoration" means returning the subject area back to its original state prior to the performance of the exempt activity. Activities taking place in critical areas and their associated buffers and listed in the following table are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued per RMC 4-3-050.C.4, Letter of Exemption. Whether the exempted activities are also exempt from permits will be determined based upon application of RMC Chapters 4-8 and 4-9, or other applicable sections of the Renton Municipal Code. 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS """ EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes [Res.] a. Conservation, Enhancement,Education and Related Activities 1. Natural Resource/Habitat X' X X X X Conservation or Preservation: `" Conservation or preservation of soil, water, vegetation,fish and other wildlife. 2. Enhancement activities as defined in X X X X Chapter 4-11. 3. Approved Restoration/Mitigation: X' X X X X Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. b. Research and Site Investigation 1. Education and Research: X' X X X X Nondestructive education and research. 2. Site Investigative Work: Site X' X X X X investigative work necessary for land use application submittals such as surveys, soil logs,percolation tests and other related activities. Investigative work shall not disturb any more than five percent (5%)of the critical area and required buffer. In every case,impacts shall be minimized and disturbed areas shall be immediately restored at a 1:1 ratio. c. Agricultural,Harvesting,Vegetation Management S 19 ORDINANCE NO. 4 8 51 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserve- lines! Area Area Area tion Area Streams/ Lakes [Res.] 1. Harvesting Wild Foods: The X' X X X X harvesting of wild foods in a manner that is not injurious to lei natural reproduction of such foods and provided the harvesting does not require tilling of soil, planting of crops or alteration of the critical area. 2. Existing/Ongoing Agricultural X X X X Activities: Existing and ongoing rrO agricultural activities including farming, horticulture, aquaculture and/or irrigation. Activities on oar areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring a critical sir area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has lain idle so long that modifications to the err hydrological regime are necessary to resume operations. 3. Dead or Diseased Trees: Removal of 1 dead,terminally diseased, damaged,or X X X X X dangerous ground cover or trees which have been certified as such by a forester, registered landscape architect,or certified arborist,selection of which to be approved by the City based on the type of information required,or the City prior to their removal. Allowed in habitat conservation areas and wetlands when approved by the State Department of Fish and Wildlife,where applicable. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4851 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS 41110 EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes [Res.] d. Surface Water 1. New Surface Water X X Discharges: New surface water discharges to wetland Categories 1, 2 and 3, or buffers of Categories 1, 2 and 3, and to "" streams or lakes from detention facilities, pre-settlement ponds or other surface water management structures; provided, the discharge meets the requirements of the Storm and Surface Water Drainage Regulations(RMC 4-6-030), will not result in significant changes in the water temperature or ,,., chemical characteristics of the wetland or stream/lake water sources and, there is no increase in the existing rate of flow unless it can be demonstrated that the change in hydrologic regime would result in greater wetland or 'rawshoreline/stream/lake functions and values.Where differences exist between these regulations and RMC 4-6-030, these ®" regulations will take precedence. 2. Regional Stormwater X X Facilities: Regional stormwater management facilities to be operated and maintained under the direction of the City Storm Water Utility that are proposed and designed consistent with the Washington State Department of Ecology Wetlands and Stormwater Management Guidelines. For Habitat Conservation Areas, this exemption applies only to Category 1 wetlands ' If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4851 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes [Res.] 3. Flood Hazard Reduction: X Implementation of public flood hazard reduction and public e>i surface water projects, where habitat enhancement and restoration at a 1:1 ratio are provided, and appropriate Federal and/or State authorization has been received. e. Roads, Parks, Public and Private Utilities: e> 1. Relocation of Existing Utilities X1 X X X X Out of critical Area and Buffer: Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment a and appurtenances, (not including substations), with an associated voltage of fifty five es thousand(55,000) volts or less, only when required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored at a 1:1 ratio. a a a ' If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4 8 51 •., 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes [Res.] 2. Existing Parks, Trails, Roads, X X X Facilities, and Utilities- w. Maintenance, Operation, Repair: Normal and routine maintenance, operation and repair of existing parks and trails, streets, roads, O` rights of way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities to meet established safety standards. The use of heavy construction equipment shall be limited to .. utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights of way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. VIM 3. Utilities, Traffic Control, X X X Walkways, Bikeways Within Existing, Improved Right-of-Way: ... Within existing and improved public road rights of way, installation, construction, replacement, operation or alteration of all natural gas, cable, communication,telephone and electric facilities, lines pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities IMP exceed the existing improved area or the public right-of-way, this exemption does not apply. ' If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4851 'itriv "ii a 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS so EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes illii [Res.] 4. Modification of Existing X X X Utilities and Streets by 10%or Less: Overbuilding (enlargement imi beyond existing project needs)or replacement of existing utility systems and replacement and/or faii rehabilitation of existing streets, provided the work does not increase the footprint of the structure, line or street by more on than ten percent(10%)within the critical area and/or buffer areas. 5. Vegetation X X X X Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including Nii routine vegetation management and essential tree removal, for public and private utilities, road eii rights of way and easements, and parks. f. Wetland Disturbance,Modification and Removal 1. Any Activity in Small X oil Category 2 Wetland: Any activity affecting a single, hydrologically isolated Category 2 wetland no greater than two thousand twoill hundred (2,200)square feet. 2. Any Activity in Small Category 3 X Wetlands: Any activity affecting hydrologically isolated Category 3 wetlandIli no greater than five thousand(5,000) square feet. Illi iidi 4 Ili Ili di ' If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4 8 51 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes [Res.] 3. Temporary Wetland Impacts: X X Temporary disturbances of a wetland due to construction activities that do not include permanent filling may be permitted provided that there are WI` no permanent adverse impacts to the critical area or required buffer, and areas temporarily disturbed .. are restored at a 1:1 ratio. Category 1 wetlands and Category 2 forested wetlands shall be enhanced at a 2:1 ratio in addition to being restored. For Habitat Conservation Areas, this exemption applies only to .�. Category 1 wetlands g. Maintenance and Construction-Existing Uses and Facilities: 1. Remodeling,Replacing,Removing X X X Existing Structures,Facilities,and Improvements: Remodeling,restoring, replacing or removing structures,facilities and other improvements in existence on the date this section becomes effective and that do not meet the setback or buffer requirements of this section provided the work complies with the criteria in RMC 4- 10-010.G,Non Conforming Activities, 2. Maintenance and Repair- X X X Any Existing Public or Private Use: Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights of way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. ' If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to swim ORDINANCE NO. 4851 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS l EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes [Res.] 3. Modification of an Existing X X X Single Family Residence: Construction activity connected IP with an existing single-family residence and/or garage provided that the work does not increase the footprint of the structure lying within the critical area or buffer, and provided that no portion of the new work occurs closer to the a critical area or required buffers than the existing structure unless the structure or addition can meet el required buffers. Existing, new or rebuilt accessory structures associated with single-family lots such as fences, gazebos, storage so} sheds, play houses are exempt from this section. 4. Existing Activities: Existing activities X X X X which have not been changed, expanded or altered,provided they comply with the applicable requirements of Chapter 4-10 h. Emergency Activities: iii 1. Emergency Activities: Emergency X' X X X X activities are those which are undertaken to correct emergencies that threaten the public health,safety and welfare pursuant aili to the criteria in RMC 4-3-050.C.9.b. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this section,to avoid an immediate 0 threat to public health or safety,to prevent an imminent danger to public or private property,or to prevent an imminent threat of serious environmental degradation. rib 2. Emergency Tree/Ground X' X X X X Cover Removal by Agency or Utility: Removal of trees and/or ground cover by any City No department or agency and/or public or private utility in emergency situations involving US immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. +i 3. Emergency Activities in Aquifer X' Protection Area: Public interest emergency use,storage,and handling of hazardous materials by governmental iiii organizations. ' If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ill ORDINANCE NO. 4 8 51 4-3-050.C.5. EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ Lakes [Res.] i. Hazardous Materials: 1. Federal or State Pre-Emption. X' ... Cleanups,monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S.Environmental Protection Agency. 2. Use of Materials with No Risk: X1 Use,storage,and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department. .. 1 2 6. Limited Exemptions: Activities which are exempt from some, but not all provisions of this 3 Section are listed in the following table. If an"X" appears in a box, the listed exemption -• 4 applies in the specified critical area and required buffer. If an"X" does not appear in a box, 5 then the exemption does not apply in the particular critical area or required buffer. Whether 6 the exempted activities are also exempt from permits will be determined based upon 7 application of RMC Chapters 4-8 and 4-9, or other applicable sections of the Renton 8 Municipal Code. 9 4-3-050.C.6. LIMITED EXEMPTIONS ... WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines/ Area Area Area tion Area Streams/ ... Lakes [Res.] a. Hazardous Materials 1. Materials for Sale in Original Small X' Containers: Hazardous materials offered for sale in their original containers of five(5)gallons or less shall be exempt from requirements in sections 4-3-050.H.2.d.i through vi, the requirements pertaining to removal of existing facilities in section 4-3-050.H.2.a.i. 2. Activities Exempt from Specified X' Aquifer Protection Area Requirements: The following are exempt from requirements in sections 4-3-050.H.2.d.i through vi, +.. the requirements pertaining to review of proposed facilities in section 4-3- 050.C.8.e,Prohibited Activities— Aquifer Protection Areas,the requirements pertaining to removal �.. of existing facilities in section 4-3- 050.H.2.a.i. X1 i. Hazardous materials use,storage, and handling in de minimus amounts (aggregate quantities totaling twenty If a hazardous material, activity,and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4p 5 a 4-3-050.C.6. LIMITED EXEMPTIONS WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS a EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserva- lines! Area Area Area tion Area Streams/ Lakes [Res.] [20]gallons or less at the facility or construction site). (Hazardous material weights will be converted to • volumes for purposes of determining whether de minimus amounts are exceeded. Ten[10]pounds shall be X1 considered equal to one(1)gallon.) ii. Non-commercial residential use, storage, and handling of hazardous materials provided that no home occupation business(as defined by X i Title 4,Chapter 11,Definitions,of the a Code of the City of Renton)is operated on the premises. iii. Hazardous materials in fuel tanks X1 and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of X1 that vehicle. iv. Fuel oil used in existing heating systems. Xi v. Hazardous materials used,stored, and handled by the City of Renton in water treatment processes and water i system operations. vi. Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact Xt with soil,surface water, or groundwater except for refueling associated with construction activity regulated by Section 4-3-050.H.7, Construction Activity Standards— Zones 1 and 2. vii. Hazardous materials contained in properly operating sealed units (transformers,refrigeration units, etc.)that are not opened as part of routine use. X' sY 10 id ' If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ii ORDINANCE NO. 48 51 Nair *.ire 11 7. Exemptions in Buffers: The activities listed in the following table are allowed within 12 critical area buffers, and are exempt from the applicable provisions of this Section, provided 13 a letter of exemption has been issued per RMC 4-3-050.C.4, Letter of Exemption. If an"X" 14 appears in a box, the listed exemption applies in the specified buffer. If an"X" does not 15 appear in a box, then the exemption does not apply in the required buffer. Whether the 16 exempted activities are also exempt from permits will be determined based upon application 17 of RMC Chapters 4-8 and 4-9, or other applicable sections of the Renton Municipal Code. 18 EXEMPTIONS WITHIN CRITICAL AREA BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserve- lines/ Area Area Area tion Area Streams/ Lakes [Res.] a. Activities in Critical Area Buffers: 1. Trails and Open Space: Walkways X X X and trails,and associated open space in critical area buffers located on public property,or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met. The trail,walkway,and associated open space shall be consistent with the Comprehensive Parks,Recreation,and Open Space Master Plan. The City may allow private trails as part of the approval of a site plan,subdivision or other land use permit approvals. ii. Trails and walkways shall be located in the outer half of the buffer, ... i.e.the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for: as. - Trail segments connecting to existing trails where an alternate alignment is not practical. aft - Public access points to water bodies spaced periodically along +rr the trail. iii. Enhancement of the buffer area is required where trails are located in the buffer. iv. Trail widths shall be a maximum width of twelve(12)feet. ar. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4 8 51 Ir► 4 a 4-3-050.C.7. EXEMPTIONS WITHIN CRITICAL AREA BUFFERS EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserve- lines/ Area Area Area tion Area Streams/ Lakes [Res.] a 2. Stormwater Management X X Facilities in Buffer: Stormwater management facilities in critical area buffers including stormwater dispersion outfall systems designed to minimize impacts to the buffer and wetland where the site topography requires their location within the buffer to allow hydraulic function, provided the standard buffer zone area associated with the wetland classification is retained pursuant to RMC 4-3-050.M.6.c., and is sited to reduce impacts between �11f wetland and surrounding activities. For Habitat Conservation Areas, this exemption applies only to Category 1 wetlands 19 8. Prohibited Activities: Prohibited activities are identified below for each critical area governed by this section. a. General - All Critical Areas: No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this section. b. Prohibited Activities - Flooding: Encroachments, including fill, new construction, substantial improvements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of RMC 4- 3-050.I.4, Additional Restrictions within Floodways. c. Prohibited Activities— Shorelines, Streams and Lakes: [Reserved] d. Prohibited Activities - Wetlands: Grazing of animals is not allowed within a wetland or its buffer. e. Prohibited Activities — Aquifer Protection Areas: The following activities are rid prohibited within the identified Aquifer Protection Area(APA)Zones: (1) Zones 1 and 2: The conversion of heating systems to fuel oil or the aid installation of new fuel oil heating systems. (2) Zone 1: • Changes in land use and types of new facilities which are prohibited within Zone 1 of an APA include, but are not limited to: any use or facility in which more than 500 gallons of hazardous material in aggregate quantities will be present on the premises at any one time. Of the 500 gallons, not more than If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to ORDINANCE NO. 4 8 51 �- 150 gallons in aggregate quantities shall be present at any one time that was produced or treated or that will be used or dispensed on the premises. Containers of hazardous material exceeding 5 gallons in size shall not be allowed to be stored on the premises. • The following specific changes in land use and types of new facilities will be prohibited within Zone 1 of an APA: Surface impoundments (as defined in WAC 173-303 and 304); waste piles (as defined in WAC 173-303 and 304); hazardous waste treatment, storage, and disposal facilities; all types of landfills including solid waste landfills; transfer stations; septic systems; recycling facilities that handle hazardous materials; underground hazardous material storage and/or distribution facilities; land uses and new facilities that will use, store, treat, handle, and/or produce perchloroethylene; and petroleum product pipelines. (3) Zone 2: • The following specific changes in land use and types of new facilities are prohibited within Zone 2 of an APA: hazardous waste surface impoundments; ,.. waste piles (as defined in WAC 173-303 and 304); recycling facilities that handle hazardous materials; hazardous waste treatment and storage facilities; solid waste landfills; transfer stations; and petroleum product pipelines. • If the Department determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality, based on the criteria of Section 4-3-050.D.2.b(2), which equals or exceeds that of a permitted facility in Zone 1, then the Department may apply Section 4-3- 050.C.8.e(2),Prohibited Activities-Aquifer Protection Areas, Zone 1. ,.., 9. Temporary Emergency Exemption Procedure: a. Temporary Emergency Exemption Purpose: Temporary emergency exemptions shall be used only in extreme cases and not to justify poor planning by an agency or applicant. b. Temporary Emergency Exemption Review Authority and Decision Criteria: Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notwithstanding the provisions of this section or any other City laws to the contrary, the Department Administrator may issue a temporary emergency exemption letter if the action meets the following requirements: (1) An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and (2) The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this section and other applicable laws. (3) Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency 31 ORDINANCE NO. 4851 situation, the standards and criteria required for nonemergency activities under this section. c. Temporary Emergency Exemption Letter Process and Timing: The emergency exemption shall be consistent with the following procedural and time requirements: (1) Time Limits: The emergency shall be limited in duration to the time required to complete the authorized emergency activity, provided that no emergency permit be granted for a period exceeding ninety (90) days except as specified in RMC 4-3-050.C.9.c(2) below. (2) Restoration Required: Require, within the ninety (90) day period, the restoration of any critical area altered as a result of the emergency activity, except that if more than ninety (90) days from the issuance of the emergency ea permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity. (3) Public Notice Required: Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant comments are received, the City may reconsider the permit. (4) Expiration of Exemption Authorization: The emergency exemption authorization may be terminated at any time without process upon a determination by the Department Administrator that the action was not or is no longer necessary to protect human health or the environment. 10. Non-Conforming Activities or Structures: Regulated activities legally in existence prior to the passage of this section, but which are not in conformity with the provisions of this section are subject to the provisions of RMC 4-10-010.G, "Nonconforming Activities". SECTION XIV. Sections 4-3-050.D.2, 4-3-050.D.3.d, and 4-3-050.D.4.a(7) of eri Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"are hereby amended to read as follows: 4-3-050.D.2: Aquifer Protection 32 ORDINANCE NO. 4 8 51 `" a. Inspections Authorized: The Department Administrator or his/her designee shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Section. (1) Annual Inspections. All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Department inspector or designee. (2) Monthly Inspections. All permitted facilities in Zone 1 of the Aquifer Protection Area will be subject to monthly inspections to determine compliance with the provisions of the Section. b. Potential to Degrade Groundwater—Zone 2: (1) Potential for Impacts Equal to Facility in Zone 1: If the Department �., determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Department may require that facility to .�. fully comply with requirements for Zone 1 contained in Sections 4-3- 050.H.2, Facilities, 4-3-050.H.4, Wastewater Disposal Requirements, 4-3- 050.H.6, Pipeline Requirements, 4-3-050.C.8.e(2), Prohibited Activities — ... APA Zone 1, and 4-3-050.C.1.a(1), Aquifer Protection Areas, Compliance with Section, Development Permits. (2) Criteria: Criteria used to make the determination in RMC 4-3-050.D.2.b(l), Potential for Impacts Equal to Facility in Zone 1, shall include but not be limited to the present and past activities conducted at the facility; types and quantities of hazardous materials stored, handled, treated, used or produced; the potential for the activities or hazardous materials to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 4-3-050.D.3.d: Interpretation of FIRM Boundaries: The Department Administrator, or his/her designee, shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in RMC 4-1- .. 050.F, Hearing Examiner, and RMC 4-8-110, Appeals). 4-3-050.D.4.a(7): Grant administrative variances to those specified code sections listed in RMC ••, 4-1-050.A and RMC 4-9-250.B. SECTION XV. Section 4-3-050.D.4 of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new subsection, 4-3-050.D.4.c, which reads as follows: 33 10110 ORDINANCE NO. 4 851 c. Review Authority — Aquifer Protection Areas. The Department Administrator is authorized to make the following administrative allowances and determinations: (1) Issue Operating and Closure Permits. a (2) Determine pipeline requirements per Section 4-3-050.H.5.a.(3) and b. (3) Determine if Zone 1 requirements should apply in Zone 2 of an APA per Sections 4- 3-050.D.2.b, Potential to Degrade Groundwater — Zone 2, and 4-3-050.C.8.e.(3), a Prohibited Activities—Aquifer Protection Areas, Zone 2. SECTION XVI. Section 4-3-050.H of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: rr H. AQUIFER PROTECTION: 1. Applicability: In addition to the General Standards of Section 4-3-050.E, the following performance standards, 4-3-050.H.2-H.10, apply to all non-exempt uses, activities, and facilities on sites located within an aquifer protection area per Section 4-3-050.B.2, Critical Areas Designations/Mapping, Aquifer Protection. 2. Facilities: a. Removal of Existing Facilities—Zone 1 rot (1) The storage, handling, use, treatment or production of hazardous materials in aggregate quantities greater than 500 gallons shall not be allowed within Zone 1 of an APA after April 30, 2003. The storage, handling, use, treatment or production of perchloroethylene shall not be allowed within Zone 1 of an APA after March 31, 1999. (2) Once a facility in Zone 1 is closed, relocated, or the use of hazardous materials is terminated, reinstatement of the use of hazardous materials on the site in quantities greater than that allowed for new facilities locating in Zone 1 as described in section 4-3-050.C.8.e(2), Prohibited Activities, Zone 1, shall be prohibited. (3) Closure of a facility or termination of any or all facility activities shall a be conducted in accordance with the closure requirements of Section 4-9-015.F, Closure Permit. I b. Existing Facilities Change in Quantities — Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored,handled, treated, used, or produced in edi excess of quantities reported in the initial Aquifer Protection Area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as osi provided by Section 4-3-050.C.8.e.(2), Prohibited Activities, Zone 1. a 34 rr , ORDINANCE NO. 4 8 51 ... c. Existing Facilities — Allowances in Zone 2: The storage, handling, treatment, use or production of hazardous materials at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Section. d. Requirements for Facilities - Zones 1 and 2: The following conditions in subsections d(1) to d(6) will be required as part of any operating permit issued for facilities in Zone 1 of an APA. Conditions in sections d(1) through d(5) shall apply to facilities in Zone 2 of an APA. (1) Secondary Containment- Zones 1 and 2: (i) Materials Stored in Tanks subject to DOE —Zones 1 and 2: Hazardous materials stored in tanks that are subject to regulation by the Washington Department of Ecology under chapter 173-360 WAC are exempt from containment requirements in section 4-3-050.H.2.d(1), Secondary Containment — Zones 1 and 2, but are subject to applicable requirements in Section 4-5-120, Underground Storage Tank Secondary Containment Regulations. (ii) Secondary Containment Devices and Requirements— Zones 1 and 2: Every owner of a facility shall provide secondary containment devices adequate in size to contain on-site any unauthorized release of hazardous materials from any area where these substances are either stored, handled, treated, used, ,.. or produced. Secondary containment devices shall prevent hazardous materials from contacting soil, surface water, and groundwater and shall prevent hazardous materials from �•• entering storm drains and, except for authorized and permitted discharges, the sanitary sewer. Design requirements for secondary containment devices are as follows: (a) The secondary containment device shall be large enough to contain the volume of the primary container in cases where a single container is used to store, handle, treat, use, or produce a hazardous material. In cases where multiple containers are used, the secondary containment device shall be large enough to contain 150 percent of the volume of the largest container or 10 percent of the aggregate volume of all containers, whichever is greater. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system, if present,to which the secondary containment device is subjected. The secondary containment device shall be capable of containing the fire flow for a period of 20 minutes or more. (b) All secondary containment devices shall be constructed of materials of sufficient thickness, density, and 35 tigio ORDINANCE NO. 4851 , al composition to prevent structural weakening of the al containment device as a result of contact with any hazardous material. If coatings are used to provide chemical resistance for secondary containment devices, sii they shall also be resistant to the expected abrasion and impact conditions. Secondary containment devices shall be capable of containing any unauthorized release for at el least the maximum anticipated period sufficient to illrliii'l''''',' allow detection and removal of the release. (c) Hazardous materials stored outdoors and their attendant a secondary containment devices shall be covered to preclude precipitation with the exception of hazardous materials stored in tanks that have been approved by and are under permit from the City of Renton Fire Prevention Bureau. Secondary containment for such tanks, if uncovered, shall be able to accommodate the volume of precipitation that could enter the containment device during a 24 hour, 25-year storm, in addition to the volume of the hazardous material stored in the tank. Storage of hazardous materials, both indoors and outdoors, shall, at all times, meet both the requirements of this Section and the Uniform Fire Code. (d) Secondary containment devices shall include al monitoring procedures or technology capable of detecting the presence of a hazardous material within 24 hours following a release. Hazardous materials shall ei be removed from the secondary containment device within 24 hours of detection and shall be legally stored tia or disposed. (e) Areas in which there are floor drains, catchbasins, or other conveyance piping that does not discharge into a IA secondary containment device that meets the requirements of this Chapter shall not be used for secondary containment of hazardous materials. Closure Ili of existing piping shall be according to procedures and designs approved by the Department. 3 (f) Primary containers shall be impervious to the contents stored therein, properly labeled, and fitted with a tight cover which is kept closed except when substances are sai being withdrawn or used. (g) Hazardous materials stored outdoors when the facility is left unsupervised must be inaccessible to the public. di Such techniques as locked storage sheds, locked a 36 a �-" ORDINANCE NO. 4851 fencing, or other techniques may be used if they will effectively preclude access. (h) Stored hazardous materials shall be protected and secured, as needed, against impact and earthquake to prevent damage to the primary container that would result in release of hazardous materials that would escape the secondary containment area. (2) Hazardous Material Monitoring Requirements for Existing Facilities—Zones 1 and 2: (i) The owners of all existing facilities shall implement hazardous materials monitoring. (ii) All hazardous material monitoring activities shall include the following: (a) A written routine monitoring procedure which includes, when applicable: the frequency of performing the monitoring method, the methods and equipment to be used for performing the monitoring, the location(s) from which the monitoring will be performed, the name(s) or title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and the reporting format. ... (b) Written records of all monitoring performed shall be maintained on-site by the operator for a period of three (3) years from the date the monitoring was performed. The Department may require the submittal of the monitoring records or a summary at a frequency that the Department may establish. The written records of all monitoring performed in the past three (3) years shall be shown to the Department upon demand during any site inspection. Monitoring records shall include but not be limited to: — The date and time of all monitoring or sampling; — Monitoring equipment calibration and maintenance records; — The results of any visual observations; — The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets. — The logs of all readings of gauges or other monitoring equipment, groundwater elevations or other test results; and 37 4100 ORDINANCE NO. 4 8 51 — The results of inventory readings and ISO reconciliations. (c) Visual monitoring must be implemented unless it is determined by the Department to be infeasible to visually monitor. (iii)On every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding hazardous materials. Electronic sensing devices approved by the Department may be employed as part till of the inspection process, provided that the system is checked daily for malfunctions. (3) Emergency Collection Devices — Zones 1 and 2: Vacuum suction devices, absorbent scavenger materials, or other devices approved by the Department shall be present on site (or available within an hour by • contract with a cleanup company approved by the Department), in sufficient quantity to control and collect the total quantity of hazardous materials plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner and shall be documented in the operating permit. (4) Inspection of Containment and Emergency Equipment — Zones 1 and 2: Owners shall establish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing, a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and maintenance activities. Such logs and records shall be made available at all reasonable times to the Department for examination. (5) Employee Training — Zones 1 and 2: Operators shall schedule training for all new employees upon hiring and once per year thereafter to explain the conditions of the operating permit such as emergency response procedures, proper hazardous waste disposal, monitoring and reporting requirements, record keeping requirements, and the types and quantities of hazardous materials on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Department for inspection. (6) Additional Facility Requirements for Zone 1: Owners shall complete the following: a (i) Site Monitoring: For facilities located in Zone 1 of an APA, an owner of a facility may, at their own expense, be required to institute a program to monitor groundwater, surface water runoff, and/or site soils. The Department may require that the a 38 ORDINANCE NO. 4£i 51 owner of a facility install one or more groundwater monitoring wells in a manner approved by the Department in order to accommodate the required groundwater monitoring. Criteria .�, used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to the City's production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. Every owner required to monitor groundwater, surface water runoff, and/or soils shall perform such monitoring semi- annually and obtain independent analytical results of the presence and concentration of those chemicals requiring monitoring (including breakdown and transformation products) as identified by the Department in the Operating Permit. The analytical results shall be obtained through the use of Department of Ecology-approved methods for water and/or soils. The results shall be filed within ten (10) days with the Department. If a facility is required to perform site monitoring pursuant to section 4-3-050.H.2.d(6), Additional Facility Requirements for Zone 1, Site Monitoring, then a site monitoring plan will be required. This plan must indicate procedures to be followed to assess groundwater, surface water runoff, and/or soil for '"' concentrations of those chemicals requiring monitoring as identified by the Department in the operating permit. If a groundwater monitoring program is in effect per the "" requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the operating permit, then it shall be incorporated into the Site Monitoring Plan which shall also include provisions to address the groundwater monitoring requirements of section 4-3-050.H.2.d(6), Additional Facility Requirements for Zone 1, Site Monitoring, and section 4-9- . 015.G.3, Unauthorized Releases, Monitoring Results. (ii) Site Improvements: (a) For facilities located in Zone 1 of an APA, the owner may be required to pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of hazardous materials. ,., (b) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of hazardous materials outside of fully enclosed structures, the City shall evaluate the existing storm water collection and conveyance system, and reserves the 39 ORDINANCE NO. 4851 right to require the owner to upgrade the system to meet the provisions of subsection 4-6-030.E.3, Additional Requirements in Aquifer Protection Areas — Amendments to King County Surface Water Design Manual, of Chapter 6. Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton". (c) For those facilities located in Zone 1 of an APA, the City may require the owner to test interior wastewater plumbing and the building side sewer for tightness according to Section 4-3-050.H.6.a(2), Pipeline Requirements — Zone 1, and reserves the right to require that such wastewater conveyance be repaired or replaced according to Section 4-3-050.H.6.a(l), Pipeline Requirements—Zone 1. (iii) Capital Cost Reimbursement for Additional Operating Permit Requirements: The City shall pay fifty percent (50%) of documented capital costs up to twenty five thousand dollars ($25,000.00) for required installation and construction of monitoring wells, site paving, wastewater conveyance, and storm water improvements as required in sections 4-3- 050.H.2.d.(6)(i) and (ii), Site Monitoring and Site Improvements. Payment by the City shall be made according we to adopted administrative rules. 3. Use of Pesticides and Nitrates - APA Zones 1 and 2: a. Use of Pesticides,: The application of hazardous materials such as pesticides shall be allowed in an APA, except within 100 feet of a well or 200 feet of a spring, provided that: wi (1) The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the wit substances are sold. (2) Persons who are required to keep pesticide application records by RCW 17.21.100.1 and WAC 16-228-190 shall provide a copy of the required records to the Department within 72 hours of the application. b. Nitrate-Containing Materials: The application of fertilizers containing nitrates shall be allowed in an APA except within 100 feet of a well or 200 feet of a spring provided that: (1) No application of nitrate-containing materials shall exceed one-half (0.5) pound of nitrogen per one thousand (1,000) square feet per single application and a total yearly application of five (5) pounds of nitrogen per one thousand (1,000) square feet; except that an approved slow- release nitrogen may be applied in quantities of up to nine-tenths (0.9) ve 40 a r ORDINANCE NO. 4851 pound of nitrogen per one thousand (1,000) square feet per single application and eight (8) pounds of nitrogen per one thousand (1,000) square feet per year; and (2) Persons who apply fertilizer containing nitrates to more than one contiguous acre of land located in the APA either in one or multiple application(s)per year shall provide to the Department within 72 hours of any application the following information; • The name, address, and telephone number of the person applying the fertilizer; • The location and land area of the application; • The date and time of the application; • The product name and formulation; • The application rate. 4. Wastewater Disposal Requirements — Zones 1 and 2: Refer to Section 4-6-040.J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. 5. Surface Water Requirements — Zones 1 and 2: Refer to Section 4-6-030.E, Drainage Plan Requirements and Methods of Analysis for additional surface water requirements applicable within Zones 1 and 2 of an Aquifer Protection Area. 6. Pipeline Requirements: a. Pipeline Requirements— Zone 1: (1) All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in Section 4-3-050.S, Pipeline Material. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. (2) All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with the following provisions prior to being placed into service. • Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Department. • Pipeline leakage testing methods shall be submitted to the Department for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s)to be tested. • Upon completion of testing, pipeline leakage testing results 41 *re ORDINANCE NO. 4 8 51 * a� shall be submitted to the Department and shall include: record r of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. • Routine leakage testing of new pipelines constructed in Zone 1 a� may be required by the Department. (3) If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 1 of an APA may degrade ground water quality, the Department may require leakage testing of the existing pipeline in accordance with Section 4-3-050.H.6.a(2) above; and installation, sampling, and sample analysis of monitoring wells. Routine leakage testing of existing pipelines in Zone 1 may be required by the Department. Criteria for this determination is specified under Section 4-3-050.D.2.b(2), Potential to Degrade Groundwater—Zone 2, Criteria. w (4) Should pipeline leakage testing reveal any leakage at any level then the Department shall require immediate repairs to the pipeline to the satisfaction of the Department such that no infiltration of water into „Ny; the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to Section 4-3-050.H.6.a(2) above. ea b. Pipeline Requirements — Zone 2: If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Department may require: leakage testing in accordance with Section 4-3-050.H.6.a.ii above; installation, sampling, and sample analysis of groundwater monitoring wells; • repair of the pipeline to the satisfaction of the Department such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under Section 4-3-050. D.2.b(2), Potential to to Degrade Groundwater—Zone 2, Criteria. 7. Construction Activity Standards — Zones 1 and 2: Refer to RMC 4-4-050.C.7, Construction Activity Standards—APA Zones 1 and 2. 8. Fill Material Requirements — Zones 1 and 2: Refer to RMC 4-4-060.L.4, Fill Material, regarding quality of fill and fill material source statement requirements within Aquifer Protection Areas. 9. Regulations for Existing Solid Waste Landfills— Zones 1 and 2: a. Materials: Earth materials used as fill or cover at a solid waste landfill shall meet the requirements of subsection 4-4-060.L.4, Fill Material, of Chapter 4, Property Development Standards, of Title IV (Development Regulations). a b. Groundwater Monitoring: The Department shall have the authority to require an owner of a solid waste landfill to implement a groundwater monitoring program equal to that described by King County Board of Health oil Title 10 (King County Solid Waste Regulations) section 10.72.020 and a r 42 ORDINANCE NO. 4851 corrective action program equal to that described by section 10.72.030. The Department shall have the authority ascribed to the health officer in said regulations. Quarterly reports shall be provided to the Department detailing groundwater monitoring activity during the preceding three months. Reports detailing corrective action required by the Department shall be submitted according to a written schedule approved by the Department. 10. Hazardous Materials — Release Restrictions — Zones 1 and 2: Hazardous materials shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape or leach into the air, into groundwater, surface water, surface soils or subsurface soils. Exception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal and discharges permitted under federal, state, or local law. Any unauthorized releases shall be subject to the procedural requirements of Section 4-9-015.G, Unauthorized Releases. SECTION XVII. Sections 4-3-050.I.2.d(1), 4-3-050.I.3, and 4-3-050.1.4 of Chapter ar 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: a�. 4-3-050.I.2.d(1) Water: All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160-171); a 4-3-050.I.3: Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in RMC 4-3-050.B.3.c, Mapping and Documentation, or RMC 4-3-050.D.3.a(4), Use of Other Base Flood Data, where such data provides flood elevations that exceed the regulatory standards in the FEMA flood insurance study, the following provisions are required: a. Residential Construction: (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated a minimum of one foot above base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood �.. forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following a minimum criteria: 43 a ORDINANCE NO. 4 8 51 `" OY • A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and S • The bottom of all openings shall be no higher than one foot (1') above grade; and • • Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. b. Manufactured Homes: oat (1) All manufactured homes to be placed or substantially improved within Zones Al-A30, AH, and AE on the community's Flood Insurance Rate Map, on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision S on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. (2) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the above manufactured home provisions shall be elevated so that either the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. c. Nonresidential Construction: New construction of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated a minimum of one foot above the level of the base flood elevation. Substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated a minimum of one foot above the level of the base flood elevation, or,together with attendant utility and sanitary facilities, shall: w (1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and as hydrodynamic loads and effects of buoyancy; (3) Be certified by a registered professional engineer or architect that the design tua and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development tat 44 UI ORDINANCE NO. 4 8 51 ... and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Department Administrator; (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in RMC 4-3- 050.I.3.a(2). (5) Applicants floodproofmg nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below). d. Recreational Vehicles: Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map not including recreational vehicle storage lots shall either: (1) Be on the site for fewer than 180 consecutive days, (2) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (3) Meet the requirements of RMC 4-3-050.I.3.b above and the elevation and anchoring requirements for manufactured homes. 4-3-050.I.4: Additional Restrictions within Floodways: Located within areas of special flood hazard .., established in RMC 4-3-050.B.3.c, Flood Hazards: Mapping & Documentation, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: a. Increase in Flood Levels Prohibited: Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that: (1) Encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and (2) There are no adverse impacts to the subject property or abutting or adjacent properties; and (3) There are no higher flood elevations upstream; and (4) The impact due to floodway encroachment shall be analyzed using future land use condition flows. b. Residential Construction in Floodways: Construction or reconstruction of residential structures is prohibited within designated floodways, except for: (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 45 ORDINANCE NO. 4851 �' No (2) repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either: a) before the repair, reconstruction, or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty percent (50%). c. Compliance Requirements: If RMC 4-3-050.I.4.a. and b. are satisfied, all new construction and substantial improvements shall comply with all applicable flood um hazard reduction provisions of this section. SECTION XVIII. Section 4-3-050.I.5, Compensatory Storage, of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by renumbering it as 4-3-050.I.6, and by adding a new subsection, 4-3-050.I.5, which reads as follows: 5. Critical Facility: Construction of new critical facilities shall be, to the extent possible, "u located outside the limits of the Special Flood Hazard Area (SFHA) (100-year) floodplain. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the "n lowest floor elevated three feet or more above the level of the base flood elevation (100-year) at the site. Floodproofmg and sealing measures must be taken to ensure that toxic substances eii will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. SECTION XIX. Sections 4-3-050.J.5.d and 4-3-050.J.8.a of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" au are hereby amended to read as follows: 4-3-050.J.5.d: Exceptions Through Waiver: Exceptions to the prohibition may be granted oii for installation of public utilities which are needed to protect slope stability, and public road widening where all the following provisions have been demonstrated: err (1) The utility or road improvement is consistent with the Renton Comprehensive Plan, adopted Utility Plans, and the Transportation Improvement Program where applicable. a 46 so ORDINANCE NO. 4 8 51 ... (2) Alternative locations have been determined to be economically or functionally infeasible. (3) A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks. Where the excepted activities above are allowed, the erosion control measures in RMC 4-3-050.J.6, Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards, shall also apply. 4-3-050.J.8.a: Medium Hazard - Report Required: Reports consistent with RMC 4-4- 050.J.2, Special Studies Required, and Chapter 4-8, Permits and Decisions, shall • be prepared for development proposed within Medium Coal Mine Hazard areas and for development proposed within two hundred feet (200') of a Medium Coal Mine Hazard area. An applicant may request that the Department Administrator waive the report requirement pursuant to RMC 4-3-050.D.4.b., Review Authority - Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. where it has been determined through field documentation that coal mine hazards are not present. SECTION XX. Sections 4-3-050.M.6.e and M.12.d of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"are hereby amended to read as follows: 4-3-050.M.6.e: Reduction of Buffer Width: Based upon an applicant's request, the Department Administrator may approve a reduction in the standard wetland buffer zone widths on a case-by-case basis where the applicant can demonstrate compliance with subsections (1) or (2) below. Such determination and evidence shall be included in the application file and public notification shall be given by posting the subject site and City Hall, and -- notifying parties of record. 4-3-050.M.12.d: Mitigation Ratios: Wetland alterations shall be created, restored and enhanced using the formulas in RMC 4-3-050.M.12.d(1), Ratios for Wetland Restoration or Creation plus Enhancement. The following is an example of use of the formulas below: " if 1 acre of Category 2, forested wetland, were proposed to be removed, the creation/replacement ratio (RMC 4-3- 050.M.11.e(1)) requires that 3 acres of forested Category 2 wetland be restored or created; if wetland enhancement were proposed (RMC 4-3- 050.M.12.d(1)) for the Category 2, forested wetland, 1.5 acres of forested Category 2 wetland would have to be created/restored and 2 acres of forested Category 2 wetland enhanced, possibly in a different part of the same wetland." 47 fir' ORDINANCE NO. 4 8 51 140 SECTION XXI. Sections 4-3-050.N.2.a(1), 4-3-050.N.3.a, and 4-3-050.0.1 of sti Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development a Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 4-3-050.N.2.a(1): Aquifer Protection — Modifications: The Department will consider modification applications in the following cases: ori • The request is to find that a standard is inapplicable to that activity, facility, or development permit due to the applicant's proposed methods or location; or • The request is to modify a specific standard or regulation due to practical difficulties; and • The request meets the intent and purpose of the aquifer protection regulations. so Based upon application of the above tests, applications which are considered appropriate for review as modifications are subject to the procedures and criteria in Section 4-9-250.D, Modification Procedures. Requests to modify regulations or standards which do not meet the above tests shall be processed as variances. r 4-3-050.N.3.a: Aquifer Protection - Variance: (1) Applicability: If an applicant feels that the strict application of RMC 4-3-050, Critical Areas Regulations, would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. u (2) Application Submittal: An application for a variance shall be filed with the Development Services Division. (3) Review Authority: A variance shall be decided by the Hearing Examiner based on the standards set forth Section 4-9-250.B, Variance Procedures. t 4-3-050.0.1: General: See RMC 4.1.050 (Roles and Responsibilities) and RMC 4.8.110 (Appeals). fli SECTION XXII. Section 4-3-050.Q, Maps, of Chapter 3, Environmental Regulations and Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 so 48 N ORDINANCE NO. 4851 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: Q. MAPS: 1. Aquifer Protection: See Figure RMC 4-3-050.Q.1. for reference map. 2. Flood Hazards: see Figure RMC 4-3-050.Q.2. for reference map. 3. Geologic Hazards: a. Coal Mine Hazards: (1) Map: See Figure RMC 4-3-050.Q.3.a.(1)i for reference map. (2) Mapping Criteria: • Low Coal Mine Hazards (CL): areas not identified as high or medium hazards. While no mines are known in these areas, undocumented mining is known to have occurred. • Medium Coal Mine Hazards (CM): (i) Lands overlying coal mines, but not included in the high hazard category; and (ii) Surrounding lands overlying a wedge between a plane rising vertically from the mine and a plane rising from the mine at a break angle of between twenty-five (25) and forty (40) degrees. The break angle is measured from the vertical. The break angle ,,. appropriate for the given seam is determined by the slope of the seam and the workings. Approximate mine depths and seam dip and break angles are provided in Appendices C and D of the Summary Report, Critical and Resource Areas Evaluation, GeoEngineers, 1991. • High Coal Mine Hazard (CH): all lands where underlying coal mines are within two hundred feet (200') below the ground surface, or fifteen (15) times the height of the mine workings below the surface, whichever is less. b. Erosion Hazards: (1) Map: See Figure RMC 4-3-050.Q.3.b(1)i for reference map. (2) Mapping Criteria: • Low Erosion Hazard (EL): all surface soils on slopes less than fifteen percent (15%). Mapped areas include all Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) soils designated A, B,or C. 49 ORDINANCE NO. 4851 • High Erosion Hazard (EH): all surface soils on slopes steeper than oli fifteen percent (15%). Mapped areas include all Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) soils designated as D, E, or F. c. Landslide Hazards: (1) Map: See Figure RMC 4-3-050.Q.3.c(1)i for reference map. (2) Mapping Criteria: • Low Landslide Hazard (LL): areas with slopes less than fifteen percent (15%). • Medium Landslide Hazard (LM): areas with slopes between fifteen r ti and forty percent (15-40%) where the surface soils are underlain by permeable geologic units. The permeable units include: (i) fill: af, afm, and m; (ii) alluvium: Qac, Qaw, Qas, and Qa; (iii)Vashon recessional and advance glacial deposits: Qik, Qit, Qiv, Qpa, Qis, Qys, Qyg, Qvr, Qsr, and Qos; (iv)Vashon glacial deposits: Qg, Qgt, Qt, and Qvt. • High Landslide Hazards (LH): areas with slopes greater than forty percent (40%) and areas with slopes between 15 and 40% where the surface soils are underlain by low permeability geologic units. The low permeability units include: (i) Post-glacial lake and peat silts: Qip, Qp, Qlm, and Qv1; (ii) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, Qcg,and Qog; (iii)Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu, Tta, Teta, and Ttl. • Very High Landslide Hazards (LV): all mapped landslide deposits: Qmc, Qm, Ql, and landslides known from public records. d. Seismic: (1) Map: See Figure RMC 4-3-050.Q.3.d(1)(i) for reference map. (2) Mapping Criteria: • Low Seismic Hazard (SL): all Vashon age glacial and older sediments. The mapped areas include: (i) All deposits of recessional and advance glacial err deposits: Qik, Qit, Qiv, Qpa, Qis, Qys, Qyg, Qur, Qsr, Qos, Qog. (ii) Vashonglacial deposits: Q Qt, and Qvt; P Qg, �� 50 %ere ORDINANCE NO. 4851 (iii)Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, and Qcg; (iv)Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu, Tta, Teta, and Ttl. (v) Areas of roadway fill, af and afiu, which overly the above units. • High Seismic Hazard (SH): postglacial deposits which are likely to be saturated as they occupy low areas and frequently overlay low permeability deposits. They include: (i) Deposits of fill: af, afin, and m; (ii) Alluvium: Qaw, Qac, Qas, and Qa; (iii)Mass wasting deposits: Qmc, Qm, and Ql; (iv)Post-glacial lake silts and peats: Qlp, Qp, Qlm, and Qvl. e. Steep Slopes: (1) Map: Refer to the City of Renton Steep Slope Atlas and Figure RMC 4-3-050.Q.3.e(1)i for reference map. ... 4. Shorelines, Streams and Lakes: [Reserved] 5. Wetlands: Refer to the City of Renton Wetland and Stream Corridors Critical Areas Inventory and see Figure RMC 4-3-050.Q.5.(1) for reference map. S 51 S Iwo *est ORDINANCE NO. 4851 CRITICAL AREAS MAPS tit a a 52 a ORDINANCE NO. 4851 l Aquifer Protection Zones "" RMC 4-3-050 Q 1 vAfr= _ _f _ _ MERCER __ __ ___ __ __ __ _ ____ _ _ _ / KE BOREN f�fv---=- --:-- = ISLAND - -: ----____ �, )\I _ _ _ -- :-__ _ _-- - r _: NEwCASTL -;= ?y' - \\ COAL CREEK n _-_:trr r ^'=rya:c-vh<? :_-`- -'•=� ' w J TRIBUTARIES _-- ---f : f____:._S _f•'ffr-i_vvrr_ "- :lr=i-r w %i=='r?_r'__?vt_' __ -- v •vr vi"' ----- f.J __n= F;i{'?ri _= vC __M::,yiv'?"'�':h _ 'S_=-_ �.. _ __-- -si3'fr: {?fi irv:r'ry`•}a;-r_rsirig_."ti_ k / *_? ~ :�a of r_r C�4'�sLi Ilk LI v {?rpy s=_a -- -: . - ... .. . , i I' ' ;%., —1 Sz _ . i:-:_:-_=„3::=-:::-.:-:-r::::2,-F-.--;:s_:3-_i_::_.-:_cp:-,,:_,:s-.:___:;.-:2-:l,.w: y _ t • ... 11 1 : j.' ' '' , '...,--rj-- Ih ii by 7 g1vgR wo ' ISZs,„coal •]:1 � \\ t' / 1 _ o'aik W U Wove V y E , ' 1 11?;$ 0 't 3. trI . X 7 , w „,, oc c SE Pelrootsky Rd 1 \ ' Ati• r Ill LAKE DESIRE . y \ S. m 7 : m „, .:::::::::::::::„. ,:..... cs 0,,, ; I. , , „ „ \ __.....,__ _______________, ,____,_______ 1 INT., a........ PANTHER LAKE Renton Municipal Code For Reference Only i � Creeks Roads Zone 1 Rivers 1 Inch= 1 Mile City Boundary Zone 2 ;==_=__ - Lakes — — — Municipality Boundaries �� r us ORDINANCE NO. 4851 a Flood Hazards RMC 4-3-050 Q 2 ''... 1111 ISLAND -IEtl:i-giti .ep iiit KE BOREN 21;5.:122:tsfSti:21),,KE..:RES:StEIESSK:Sk, NEWCASTLE 14 ._\ _ , I \ ...„.......,:-:-..i.,:„.„. --:-......,...g........ .....::::.::::„.„,,,„,,...„, kk::::::-::::;:::),:s-k,...41,:-...,,,_ .,.:§KZ-...3;}-sioz.:15:FiEsszEiEi:iiE-, 2----k.----...--:-.--,- .-3=2z-.4.4-.:--....-....2, , f:i.i.?..2.;k:14.*::Ete:F:',7 21:34:7;xti41:1:-:-.31,:,:s-:42,:inxsc::::;_;-::::.-4-„;,-;:t.,•*;„:34...ps,,:::,..,, '<('':::':312i.-E7itlE:::.5.7-.:•41.;.:r4,1:::::::',.,'AE::;;KS,t=f-:;l:SS?;lc:::rk:nyit:gzf,:E:E:::Fk:sstg.xs;3s2:,t.: In 463\1"' t & :ev,5,1 w G /). .c...., .... \11-1,1 1 gift.:.'i,'if-4.1:641:ViiiiiTrtaithlittpjf:AgiCe2 „V f 1( ' ',1 I 0,- I ',% \ ..., ....;.:....„....:32„:„....:.s...„......5.,:,:i,..:,...,,,„..„......„,,......, 1 IA ..... ..,,,,.,::_,,,,,,..,.....,..,................,,_,_.......,..c.,,,,......, ,......._.........„.:.,:o.:_,„,..52.zt......„:,:,..„,;,...,, .9.i-41' '4'4. itewillt IN . ir.4,, AillioNN.. > I ,,, ••• I ----7 -.,,. ,., ,., NE4thSt ii V.' .........siiich St"o e. ...„, jr0;_. / I. •N. NTO , %,fr c, , „ AnaviimMi. II. 4 li \ 1 tilit ItIb ,‘. •%. , s, ....1 41..... - -\.......„, V II •!,. I' . _. ,.., ... s ...... ..._..... 4 ,,,,0 -AkPle leo.,ii..:k •-__.... IL 41.4 '4 .• ii. ' id 1 1 0 . II ez 4o4 X -A e- / \ i•4 . Z.1 • c\ \ SE PetrowNsky.t..1.0 ' il A10 LAKE DESIRE::::- * P1:111:::-:::-.:::IF.-:..:71: 1111il 11 # -:::::t., 4 1 to 1 ....,..______ Ai NT , I 1 •• lit PANTHER LAKE 11.. . . ••• -31::,.. si Renton Municipal Code __,--,,-N_ Creeks For Reference Only Roads --.-----.- ------ --,- Rivers City Boundary 1 Inch= 1Mile Flood Hazards t:::::::::2:::: Lakes — — — Miinicipality Boundaries moll :.x....:.:.:,:.:,......:, 0 r ,� ORDINANCE NO. 4851 WIN Coal Mine Hazards IMP RMC 4-3-0 :_. :? .?- :_ {t•{:,;*.:..,.,.•.. ••.;.��:*4'i••••••••...".-. -: 4.•�*-a r•••i•i•i•i ,!❖.i..�i•i i•••••••......i•,••..•ir{`•.,"'J CR 1 - __ : ��i1•i•1•i•••ii••❖i P• {i•{•ii•i••1{•••.•Q,•j••••••�4•{•�•{Q. ti?n=-s `= MERCER = = ' -`' ....{,••,,•,•❖❖.o❖.•{.••,•{❖••••.,.o•••••❖•••.,••.•.•.•;,+,. .•O.•.Oo•♦•.Oo❖•oo•.,:.oo•.o❖.❖.•••.0••••❖.0❖0. ISLAND --:._- �+�.•••{•i••❖•••••❖{•{••i•{••❖.❖.••{{•••O••••••••iii{i0•ii�..•r r:•:�: :. csst??z_ _::-_::,. 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SE Pelrovif#y Rd ♦•..{.v'•...{••..••'-_- Ji I „„es LAKE DESIRE' 7 , M II . 1\1 1 PANTHER LAKE :7:z .... ...........„...... g c ) 1 Renton Municipal Code Roads -'`�� Creeks For Reference Only Hi7gh Hazard City Boundary '� Rivers 1 Inch= 1 Mile Moderate Hazard .�4O0*•j•;, Unclassified ___-:;__:::_ Lakes ::: ::, .. %IV ORDINANCE NO. 4851 40 , III di Erosion Hazards RMC 4-3-050 Q 3 b....Q2 i 1.... ..., 1 j ..., ...........„_._,......-4.. li _...,:r.„,:,:,,,t,,,,...„ \ 1 .--P:-",----,t,,-,•-•:-:-%------ MERCE:- -_-:,•,11,•••a:IR:f„,--_,,t, •,R,N ,,..,:,.......„..„..... .........„..„...„, „,„•_-_-____ ......,....,.. 1.41R -4,1---4,-,1-aosx.4)... ,• sv---...--F--4-: ...a.--nmoor.,-7.-alc-:-N:• Aorr___:,:,:4„...,,,t,,..4„,.,:,.. 1 NE I \ sfa:::::3c-2-:-.7S6 ::-.1g-r;V:-:332im:::Eft-,19-:••• ,:-:-..=1-:-:-:-:-:-:1-:4•-f4:-:En- COAL CREEK j TRIBUTARIES :1/4 it i i ---,,,,,,":,,,,,-% 4STE-1::::::5361x-xt0.41,430,:,-1.4 4::1=2,114S56611.2citorzslocs \t ll irtfislE:4-4-.,:z.„474 ircritit-714.t3i5ft-31:-',.-9:1t)::41:147.41"*.,:111111114_ .:±-41-?..g.5:75:at):_tz:s1): „:„..,„..-§,_:::-„...„-z.,•,„..,..yissci.:5-sitsi:Faz:zi.„„:„.3,„-.k-.4::_sk„3„,2:,„::::„,,:-,,,..r.‘„.2.1„4,,,,,s„,i ---K14-,140-is -:•••--.4,•s:,:k.;••-•,•5,---•-•:$-R-f-ge-,04,2,w4stk?„,st4s1-:•skt.45:12:_etiff„,.1„,p• . •,. 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Municipality Boundaries .......x.:.:,.........x.:.:::.1...... • Hi ....... tii woe ORDINANCE NO. 4851 ...., WSW Landslide Hazards RMC 4-3-050Q 3 c(1)i .............______..... „.„ . , -,„sp..——.. ........ 1,....., .....,-,....:-:4:-.4-.1-:, el 70-51ZIy-1Ai e1 rRe3:11_-5•:44.23-,•.50:17:43-,5,40•4:.,:••t1:i,4:,-2.-t,n„-..k.-,-r--:.7•;'EI.4 n:F0,:rr:i.2.s:•,t:,:K:::.:..:-:-:::K.a:-::7:,::-F:a:-.:k-t:-:'.::W:..,, I.,.• --.'Alg.titt-i::e:::KgKr?n;itri 6:4t 1.R3 5E '• •''•.,:.,;,.•::.. ;--,•..• MERCER 4 •-• 'l-••, KE47N ISLAND . t NEWCASTL ...„, •••••••)I \ TRIBUTARIES 1 '442'''''Sft:- ..x:•32E-S'ilrit'W#70-ta KC--. _05.2:RiK.:1•:512:21:ill4:--."*. -4 Ai 1.1 rm, ......... c e. ....'x'V.M-....-i•'• -..:*--4,--•,,,,.--5:*XS',.,•-•.-4:!'•,---- .•-,---:45-171..:tdk-74-:::-.:••:•,...•:-:••:-,•:- ' ..• '':::9".ei-7,- --t-K tfif AS'S c•-•K:Sikke-tig-Hitlit,g-Ai;.27;:ix:4-:::Eit-Stz4k7:7 0.3%74.-' 4 ••••-•Er.Au 4E'4"... 4 i ,-) •Gf.if••••••"-•••''-.7 2.1"-X-74:••:••:,-,:-"4•X•0•:•••4-:-22•E•ra•M4•:-1•4.74,01"••:.•±4•:+:':'•:-:-:-X-X.•-r.-:-X-4:4:- . s•S Xna'•,,,,-,"4•••11E02, ..,41•••2•1•••:-X-X-X-X-.7-•20".14.:44:-:+:••:-2•:••;-:-.:••:.f.:-:÷:•••::3:;:-.12•::1•21,::::::-;-:21155::g ir• ' ., , LI '-",.. f*:••••••••-•M'AK,:"•'....4-gg-iggSfig%?-34Prat.ki.:•,•1:4-KtrItig4t:P.I.:::170:::•1•;•5 Ai ....4 \j,/ ,... -.÷Witift:'..."-KgektieSE2itteff,ttnde'.;:::kkfttifggitg7:3:3-§',.•;• fr•44.0• # a a ...t...$:,..__,',,,, ...."...........N.01, , . ..4,4 •••• ,**It st.••• '.--el,..4.„ Ll D A. ., ...-.. st6:110 0,.. ''''''.3::16g21::•I'Rkitf.t.:iEk§3§-3:7'2.'fr*44.11:1,-;,„-ifir:ENSE6,33";:aft.e.t.EFLTS;i:EK,,_"::..::, .f, , .., 1. C Ni Wit --Eitkiii...1:te.,-Kit.45,f,r4 Pi fahaltiftglittrikEg agt::'-,...(411:l' ':: '".. ''::ke.g.ts-::::".ts:f::::itt.73545-,:;2:52.:513,-*SE:kf.:EWEVItEzEft.Fsitil.I:I/ 'It...j':3,_::::f-4:51}:Act:.i'ff.E.0".;,-S.5.A.5,1:13:ii:E02:35}':Ei-tEtlagtA, ,:- • 40. %.,, . Veil 4....: .4. ... ....„:„...„,..„:„.„:...4„,„,.............„..„.........„..,,..„. ,. *: ..,,,_.• al ;„,*4***A * --%:3:::2s2:3:cf-ssjisiqii.::sill-T;E:i21:3167:::-.1--40' •,, 1 pr•ii .... . ...1 '•4:r?-:;:;:%:::::Z407;71%•••.''' _.1;V. °If ...' 4 -v+ 1 % , . ••••0 I kik C*. . I .. " IIIIIIIIIPID 4. 1.1L 111.111 .b*, ..., ,,, % . • .t. i Tr 1 a :..:1'''k . . . ., ,. '... .. . • , s • so . I I a 1 „. .„...,I,.-........,:ft. .rv..,,i,...s4....f, /...t......, ..„ i.i_.4_.._i„.,._.,.:_.,:*• .•'..4 ".:v..4. .,.. .,.....„. . NE 4.,i1S. 7 ....„,, , . , „ . e „ '. C„,.•.... ,7.... ....._.... .4..... ..„.., \ • . ..44.0...• " ' ' ' •"'' - 0 :...:,: '•: ... ' . . .t. • •• . '. •\ .•t:,...•••...-.....•••:•:•:•4,.., i•:1 to t•••:•::" \,milli Or :", ..::::::: •::: , ... . ...qv' •: r--. 'Ilak•A...;:..V.:!.:4•:0+:40g \ _......„—...,„, .. ........ ... :tilt.— . ...,.. .. .:.:-...: :,.•• 41 '14::.. . ' 4 ‘‘ ....,‘"*". ,..04..1 Ir•tj •.• • 'VI,4 4 4•••. 4•,••••••••••• •PI .: .....x........... '' --'''' 4.•••t•,....•,,,,•.•;•••••••••,•;•,•,1 ,'4.A. .• •,• - + •..•..•••••••.•••••••i, , 1 A '..:....: .8 ';,,-,,,-'''';.•:•:•.:1,44::,•41;:•):•••••••••••..,,...s ------''' I r s--.. -.'-' 1.__..,s,.# ., ••• •• LII 0. ‘.) . . . . . ...4,.. ,•,0 •41.•••••,,,,,,,..••••,. .i;,,,,.1 ,,.. • ••,•\'.. ..e• 7 i I i . ,:: . ''.• AL4 ••,,44,,' 41** lt* igiiiiiiiiiiii• ''::,%. ....:::::•:•7---,,::::::::::::•:• ..::: %•:, *..• . (., , "4.11 C.f. 'II, VI 141 14'..• `•..• ••••.' '4.4'•' N .:7- •,t: • : ::: Ct***;* .•4:•4,—, N Stt••••'• •••• ‘ X.:* ..,41 , , .,::: ,-,,,... „, . .,,,,,............., . ...... i, _., o, , . ,,,,.,:,..,........ 'I: a. . — .., . d 0 • A , SE Petrontsky Rd X LAKE DESIRE ,.... la • 44.. .. ...... .-- 7 , ili KENT I PANTHER LAKE \ :•-:•t E.:5:7.5::,::s:•__ :.:•.::•::.:7::::::::::::::7;7...cif*.,. i. ....,. Y LAKE Renton Municipal Code kor Reference Only 7 Roads Very High Hazard Iii:::.f3i'.1!;;.f.;::*.tii:!i Moderate Hazard --,---, Creeks 1 Inch= 1 Mile ---- -____---__,-, Rivers High H37.ard r,...*:**%**.ti.,N Unclassified .............., City Boundary 111111 b *41400 ' ORDINANCE NO. 4851 .,. Seismic Hazards ... RAW 4-3-050Q 3 d(lZi. .SEtl:f.±3EREEME:W:335:: 3FEREMEggif ..11:ZEMEES:;;" .:7=;.4.3p14-zisignv / 11,----"\`-' ...,. - 1 d MERCER t.,...i,:ii-:!1:-.::::,:fr.-f- . ,,, ) 11 ...„.,35.3.....,,,,.„,,,,.,.......,,,:,... HE BOREN .5.EFAReakf::$.7.:!:.-:::_ff::172: --'-'2=-1;P:ittilk ":',.;', 41.4:KikitiEFrkf:tifiligai:--03.-- ISLAND .....Ats.MEtt: r zsst::::::kic::,*;:ktu ' NEWCASTL it \--..._..\ - I 4,,,,,,,,,,,,,,t.4,--:-.---ACOAL CREEK Aia.7%Azt ,2amw2c1.4001,00msqk _:.:::ra24:558b-Mr>..-est-,4, ts.,:e\ filh -----24:4-2:4WW.v.'"43":-Es .-1,04,K15,46.t.71":",:-,,, r... --- TRIBUTARIES .31,1-.25,4-f2titaror.,,,it,AAA-Ac.%53.7.... -La:.gl-.-§Z.4:::::3::-SE3.4:t, tAdm20.":313::::::,kzakk3:44)7, f, gittiit:St.4WVItititigg.:232-§a.-.4860.24,xg:AZ i LI ----.-:::•:;71.5.2.:.4.--..41-;" .tra:...ekaattra:,:t;gt.:V..tg:::::21•Staffi.:-42•241 1?S'i -.0,tUggpr AnieggkifrOligba,20tOgigeigAllgeiV' , . --1-st_ff.68,7--...a.123.5.-t-,-7.403mVx1/4-2x:::K:Kg<tac-sExKIE-esEapp:-- 04, '.'itsf.iaf ..:13.1.z.:45.tf..032.41•Ucovz:KEEZAKET•S•gital'Aft:;...-.4.e.fr"/ to 4- 1i .....::::5a-:-.14.--4,...„-ml, ....... f 0 \7.,,,:m.,.......,..6-A-4.•,. ._,.. . ,,,,,,....4artztp,,... c ft t'vn,....-tfitc:',:cilektkat-Ma, Fil•ti2E.Alfiii,E•Eitf...ip:ir.i..„ SEA -7 '''''-"fi.'":1S:;:1341451:10112:1:•ler.t.g..-1:Reg::{Fit::.'• ill ff.:•:•0••:•,,,v1F.N.y.e:-:•••%.2-1••sr.-4-7,4kwro:-.1•••-•.---4.,,,, \ .-x-x-S•ARR:-.-K:7.-:.3•:-fft:Sc:::4:7.441:::::i•xn--no•-•"-rgfot-' --;.ge,:•:24-x-:-..1•366•:.-:4-z-x.-7.-zo-xor.-me-E•gfec.-:41.-131.1::• 11... .-_,....-..3c-mc-ao•:-:.•m-z-3•:-...4xox-3•:•-..y,7...3•3•:-.:-r.-m.....---2..: -x-e.-.7_,E-:.‘x-2•3•:-.1e-23.3c-:-s-x•E•ozorekr.,...:-NtooSx i. i %,"="1:2S.:11:::::55-..;.kgek-287.--.:*4•••••••}--:•.-m---E-s•----n-- ••••••,-,,,a--,-3.-42.-14-4,4%.•=10•AboraW.:-:::::- INggigggIlAkaak-',".. . 4, dri - ''''' W "" 7.*.kii.:22ifigglitifir-7; !• I I i -7,-8,M.K..,4•.•g,", - '1, \ 4, I _... zz __ 1:._11..\...........: ir. 111, 0 IIIII / . . NE 4th Si ...r.Elith St . 11:c., 1 r 'EV , ....A.. \ 41111," l 1 r, , . ..,. , ... ... \ 7 X t) CR us vs • / \ 71 111 ka -, • ' vs SE Petrailsky Rd D IIE. 412-111'° I II I.A._. ic sv..rb1.-7ll ::::-\•l'C Q:,:-),L I, r r1 / LAKE DESIRE jKENT PANTHER LAKE , : r-1i''-.•. Renton Municipal Code For Reference Only 0 Roads High Hazard — City Boundary 1 Inch= 1 Mile Vi.;,:i-::::,:g:i.i.:ii..:51.fl:..• Lakes --- ---',-----/' Rivers _ — Municipality Boundaries iii .. + ,.....- ORDINANCE NO. 4851 .—, MOO Steep Slopes — RMC 4-3-050 Q 3 e(1)i ,,::::::::::::::::::::7_,7'' '1.›. Si f�• .r?:-.S.:.:.:,...,..,.▪ .▪.,....,"- _ -'__ _ .. :r_8 f=_- 3;X _ MERCER _ _ _ 1 • =,...._= .-- ...r:fi • = -= w KE BOREN i 888/8-7 s k.Q = __5. .:- ;.s_::n isx : NEWCASTL.' =f: -i •':-_ «s ISLAND ==rr=:_ .: 3 i' y --:_:_ =a_t=_flc_ -i'R :�mr-•:.1:_-x- .;•, I \ � x COAL CREEK -__•__z:,hac_x___,�_v_;.::: .`t3 2,:-x••-:n-:--,, p �1 w TRIBUTARIES vow rr{-z :__ :==o-o-x= r;ti_r_� t_a a= _+_ut-_▪-.'r! % • m :_: -_F_ ▪_?+�S�A: ..=n=iv_= _. a :v. �-v-ti 4• U "---- - i+'s. 't'cScir_:?-::-:r _3:n-i'i?}sx::"r_"_'-ti- s'='` •' ' e i '-:::•n-Ktr*".":'''':--'•••Stektf•tz:-:-2%-x-x4•:-:r.:••141,:cr4:.-:4-:%:-:-:-.4:•••.:-.....-Irrz-:•:,. .0 •,. - _..,•' .,,,,,irws, , ., • r.r \'-?f=:fir_ za_▪ _-�ik '`� f." ,,,F DA' 4•� t iiriii .\\... . ....., \INEttaWigliailkitifteittlitifiTkeYk;V::::'''Let. •?ere 'III SEATT :.__1_ __' f`ts= i<=-_- .c , , 1. ��7‘m, b 4 e'f+:ti=r- • :• = y: : )gyp ,-• 4• ,-- 1, - -- '_ram_w F q •r .P, MINIM i i 1"k § H NIL V ).t',.:i4-l'-''.t f'I*llb_-INN ,h St obi, A - -r „. • "fit _ i .\ <,.r ; ,, y_d a.. �F \\\ - � � !,- << �� . w ,114 �, t r • ))' f F, I v 8 �� tu o I. o . if r1 Ai V. en ___ % LAKE DESIRE ----" .\.._,:::- .,• i vs 1,41 I _=__=-- ___ !- PANTHER LAKE Renton Municipal Code , J Creeks Roads For Reference Only 25-40%Slope Rivers City Boundary 1 Inch=1 Mile 40+% Slope - ____-_- Lakes — Municipality Boundaries f; ISO ORDINANCE NO. 4851 luiff ei Shorelines, Lakes, Streams (Reserved) uI a ti a a Renton Municipal Code For Reference Only a 11111P *W N../ ORDINANCE NO. 4851 ... Wetlands . RMC 4-3-050 q 5.k.) _—_-_,___,-_—_-_-..... •-:-:-.K.:i.......--:-:-:-.--,:-:-: 1.7 :,x,-.....-.......,:-E.-. y..............x.x..... MERCER .....__..... _ ..,..._ ,..., .....__ _ .. K.:tsa;..:33.3;wt.33k,,,,,:...,... ISLAND N..., KE BOREN . NEWCASTL- '..1 ..,,,..............,-,...,. 1 \-..._.....\61_, I ........ ............, COAL CREEK* ITRIBUTARIES mi. ktcr,:2•37.,,ititr., "40:::Scitiksoxe..... .41.4... 4:spcss-A-:::::„fssf::: :"::; t r-, AMON= '4._;1331::ffdif IF. fk-MISSS:,, -43:;g:M . ( 0.37e-gt-2EggiEgflakfalTingitat3FMtik;2:3..2-tEURP, LPL., ....441.11-;::g;::':':"...X.AIIIIIR:Irtfie I CPA"tegiatiI:EtiV-.5213:21±-tgiffr 1 V 51 -' -.-./-7 I\s__..._,, .".•-- ',. ,:k:::: -..:410:::;:•:::-::+:-22.:::• N.C-AV.:0:-Ng-IN:In:-::::::::0::::::::-::::::::::::::::::::f -07.40.S.tifttKig:"4:::;`,AP-... -Vv-RPSSZE---2k3C:-.7-::::;-:,,:dt:-..-.37::•Er Nit -:-:-:-x-x-x,\ , 1:2:::::se:,:ssc,.-\ Xi-n A li N'":,gifitiltz.Z.:,:fig-2-:;:;t3::-.:=44•24k4:-:;citit:NEE:M.AiKatzlitali:_:.ESESt,_‘_ g.14' , 1\"Imis......- --rizi-f:a3-Efttomr.,,,t_ssiovit -_,E.KEz,}53§.5:65.,-gistws*.Nitaintatetzgatima,„,_, -......t.z.4.41,43.3,,....4......A.......„. i 1114 1 '111111- ,, \ , L1 I .... 1 --1 t. -7-::3A.tait3,112:itcatttil-sigt:ts-d -tiggransi:742.-Vitla3-43-;--,,, . .2::::4E-fss--, 4,4? 4,4, I 44- e-iii ...pc' ,.. ... I * '44111111.111 v. I 41.1411%b,. c-‘ .... tn vs ye. tel* a willilik 4 4 NE 4th St. . "t3 th I I --------------Z- e .....2 1 ,64, / 1 ii p 41 I _ \------ tur,,,e 4.49 Nh 'It \ •.. , 1 s RErrro 1 lc -• ,., f 4, 1 ) op WWI \idigapisteat •Nlib.. 104 /... .'"*.1 ,40.44 , . ---.. 1 lk _.......vigil ---- \ 1 0. . C41111111 SE Rt 04 •-- ___.....; 1 110". 44/ ____.....,... • •••...„,......------ t , -..... I 10 ‘• ..lbft.Y 4416 •414...',..--......---44_ •..--ks,.._,,. ftt 4 4 4 -1 41 ".4,, • , , . , s(.. a X 0 0 c:$ co), \ / \ r en i _ 11 k .., . t,) ka cn .• sc petrmit,k,Rail ...2.. c-1 •P en s \lb i 41 . "IT ) .4' / siT 00 LAKE DESIRE c, t.. % .., = bl illr . 11 i en 74 Z 1 n, • , 1 61 A riKENT ,- . - :,..._ _ )- .o. PANTHER LAKE \ .::• ::::::::::::f::::-.:••:-X-X••:-.:-- ..,,T Renton Municipal Code -,------------ Creeks For Reference Only Roads -----N ,----- _,-r Rivers City Boundary 1 Inch= 1 Mile .,-,-,-;-:-.-,,, ,-;-:...! Municipality Boundaries Wetlands P:E!i:•,3,"Ei::-5:::::,:i:,-:-.2 Lakes — — — iiiiiiiiiaux,..x.x.x.x.x. OM limie ORDINANCE NO. 4851 `11 SECTION XXIII. Section 4-3-050 of Chapter 3,Environmental Regulations and r Special Districts, of Title IV, Development Regulations, of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding new sections, 4-3-050.R and 4-3-050.S,to read as follows: R. GENERIC HAZARDOUS MATERIALS LIST 4-3-050.R GENERIC HAZARDOUS MATERIALS LIST FOR INFORMATIONAL USE ONLY Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Battery acid Bleaches, peroxides Brake and transmission fluids Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Cooling water(not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Deicing materials Disinfectants Dyes Electroplating solutions Engraving solutions Etching solutions Explosives Fertilizers Food processing wastes Formaldehyde Fuels and additives Glues, adhesives, and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks, printing, and photocopying chemicalseti Laboratory chemicals Medical, pharmaceutical, dental, veterinary, and hospital solutions Metal dusts Mercury and mercury compounds Metals finishing solutions Oils Paints, pigments, primers, thinners, dyes, stains, wood preservatives,varnishing, and cleaning a compounds a 53 S tsts , ORDINANCE NO. 4851 4-3-050.R GENERIC HAZARDOUS MATERIALS LIST FOR INFORMATIONAL USE ONLY Painting solvents PCBs Pesticides and herbicides Plastic resins, plasticizers, and catalysts ,., Photo development chemicals Poisons Polishes Pool chemicals tsts Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants, bactericides, and algaecides Soaps, detergents and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids Wastewater treatment sludges tsts tits tits tits tsts tits tits tits 54 tits ` ✓ ORDINANCE NO. 4 851 , in S. PIPELINE MATERIAL iii SECTION 4-3-050.S.1 ii PIPELINE MATERIAL REQUIREMENTS PIPE DIAMETER IN INCHES CONSIDERATIONS PIPE MATERIAL <4 4-8 10-12 14-20 24-30 36-54 SUGGESTED (See Section 4-3- MATERIAL SPEC 050.S.2) ill Ductile Iron,Rubber Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AVWNA C151,C104 a b c d n o p r Polyethylene-Lined 1,2 1,2 1,2 1,2 1,2 AVWVA C151 a b c d n o p r Ductile Iron,Nitrile Gaskets Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C151,C104 b c d i n o p r iii Polyethylene-Lined 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 AWWA C151 b c d e i n o p r PVC,Rubber Gasket Joints CL150or200 1,2 1,2 1,2 AVWVAC900 abjInoprt SDR 35 1 1 ASTM D3034 iiill PVC,Nitrile Gasket Joints 1,2,3 1,2,3 AVWVA C900 b i j I n o p r t CL 150 or 200 PVC,Solvent Welded Joints 2,3 1,2,3 1,2,3 ASTM D1784,D1785 h j k I n o p r t Sch 80 iii Welded Steel, Rubber Gaskets 1,2 1,2 1,2 1,2 1,2 AVWVA C200,C205 a b f g h n o p r Cement Mortar-Lined 1,2 1,2 1,2 1,2 1,2 AWWA C200,C210 a b f g h n o p r Dielectric-Lined Welded Steel,Welded Joints 1,2 1,2 AWWA C200,C205 f g h n o p r 1 Cement Mortar-Lined 1,2,3 1,2,3 AWWA C200,C210 f g h n o p r Dielectric-Lined High Density Polyethylene 1,2 1,2 1,2 1,2 1 ASTM D1248 and D3350 h k p q u Pipe 1 1 1 1 1 ASTM D1248 and k p g s u ilk Corrugated High Density AASHTO Polyethylene Pipe-Smooth Interior Slip form liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 m n o p q r eli PIPELINE SERVICE 1. Storm Sewer 2. Sanitary Sewer and Side Sewer 3. Leachate Pipeline iris 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer MB SECTION 4-3-050.S.2 CONSIDERATIONS ON SELECTION OF PIPE MATERIALS The Department maintains a list of materials meeting performance standards. Other materials meeting similar performance i ii standards or developed as the result of new technology may be approved by the Department. a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced, nitrite(Nitrile-Butadiene;i.e.,NBR)gaskets should be used. lei b. Gasketed joints may not be leak-proof at zero or low pressures,if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. di f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrite gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. II k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature and temperature of piped liquids to ensure joint integrity. . I. Pipe not available over 124nch diameter. m. Slip form lining is available in 6-inch through 60-inch diameter for almost any pressure, if sufficient pipe cross-sectional iirli area is available. n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. ilk 55 iii , ••► ORDINANCE NO. 4 R 51 o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. P. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gasketed joints between sections, water-tight epoxy grout or other approved pipe entrances through walls, and approved waterproof coating of all interior floor and wall surfaces. Manholes, catch basins, and �., inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals,petroleum products,and hydrogen sulfide corrosion. r. "Zero leakage"test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results,even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steel slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or IWO minimize leakage. Air testing should not be allowed;hydrostatic testing should be as stringent as any found in the industry. Pipe materials,without regard for chemical attack,corrosion,or puncture, are generally ranked as follows,in decreasing order of liquid-tight reliability: "M" welded steel with welded joints • PVC with solvent welded joints • slip form liner • ductile iron with viton or rubber gaskets .op • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of"heat-shrink"wrap,standard corrugated coupling, and full pipe band clamps. t. The use of PVC may be restricted by other Department policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents;its use is not recommended where contact with solvents may occur. War IWO 4110 .W. Wai 56 ORDINANCE NO. 4851 14100 SECTION XXIV. Section 4-4-030.B of Chapter 4, Property Development Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General S Ordinances of the City of Renton, Washington" is hereby amended to read as follows: B. ADOPTION BY REFERENCE: „ry The goals, objectives and policies as set forth in the following are presently in force or as modified from time to time are hereby incorporated by reference and shall be considered as if fully set forth herein: Cedar River Master Plan (1976) Comprehensive Solid Waste Management Plan(1983) Green River Valley Plan(1984) Fire Department Master Plan (1987) Airport Master Plan King County Stormwater Management Manual(1990) Comprehensive Park, Recreation and Open Space Plan Comprehensive Water System Plan Long Range Wastewater Management Plan King County Comprehensive Housing Affordability Strategy(CHAS) +ri Shoreline Master Program King County Solid Waste Management Plan Countywide Planning Policies Six-Year Transportation Improvement Plan Street Arterial Plan Traffic Mitigation Resolution and Fee (1994) Parks Mitigation Resolution and Fee(1994) Fire Mitigation Resolution and Fee (1994) Comprehensive Plan SECTION XXV. Section 4-4-030.0 of Chapter 4, Property Development Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new subsection, ,fs 4-4-030.C.7, to read as follows: 57 Nii , ORDINANCE NO. 4 8 51 7. Construction Activity Standards — APA Zones 1 and 2: The following standards shall apply to construction activities occurring in the Aquifer Protection Area if construction vehicles will be refueled on site and/or the quantity of hazardous materials that will be stored, dispensed, used, and handled on the construction site exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles will exceed the de minimus amount specified in Section 4-3-050.C.6.a(2)i. a. Designated Person: There shall be a designated person on site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials and who shall take appropriate mitigating actions necessary in the event of fire or spill. b. Secondary Containment: Hazardous material storage, dispensing, and refueling ,., areas and, to the extent possible, use and handling areas shall be provided with secondary containment in accordance with Section 4-3-050.H.2.d.i, Secondary Containment—Zones 1 and 2. c. Securing Hazardous Materials: Hazardous materials left on site when the site is unsupervised must be inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used if they will preclude access. d. Removal of Leaking Vehicles and Equipment: Construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials shall be removed from the site and the Aquifer Protection Area or repaired in place as soon as possible and may remain on the site in the interim only if leakage is completely contained. e. Flammable and Combustible Liquids - Storage And Dispensing: Storage and dispensing of flammable and combustible liquids from tanks, containers, and tank vehicles into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site shall be in accordance with these standards and the Uniform Fire Code section 7904.2. as adopted or amended by the City. f. Clean-Up Equipment and Supplies: Equipment and supplies adequate for the immediate clean-up of the worst case release shall be stored on the construction site in close proximity to hazardous materials. g. Unauthorized Releases: Unauthorized releases as defined in section 4-11-210, Definitions U, shall immediately be contained, reported, and cleaned up as required by Section 4-9-015.G, Unauthorized Releases. Contaminated soil, water, and other materials shall be disposed of according to state and local requirements. h. Application of Pesticides and Fertilizer: Application of pesticide and fertilizer shall be in accordance with the requirements of Section 4-3-050.11.3, Use of Pesticides and Nitrates—APA Zones 1 and 2. i. Hazardous Materials Management Statement: A Hazardous Materials Management Statement as described in Section 4-8-120.D.8, Definitions H, Hazardous Materials Management Statement, shall be submitted to and approved by the Department prior to issuance of a permit regulating construction activity in the APA. a 58 ORDINANCE NO. 4851 veal , SECTION XXVI. Section 4-4-060.L.2 of Chapter 4, Property Development Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of vii General Ordinances of the City of Renton, Washington" is hereby amended to read as follows 0 2. Fill Location: Fill slopes shall not be constructed: (a) on natural slopes steeper than two-and-a-half horizontal to one vertical(2.5:1) that are 15 feet or greater in height (except in conjunction with a modification granted per RMC 4-9-250.D.1 for filling against the toe of a natural rock wall — see RMC 4-3- 050.N.2.a(2)(ii)); or (b) where the fill slope toes out within twelve feet (12') horizontally of the top of existing or planned cut slopes that are 15 feet or greater in height and steeper than two-and-a- half horizontal to one vertical (2.5:1). • SECTION XXVII. Sections 4-4-060.L.4.c, d, e, and f of Chapter 4, Property 0 Development Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"are hereby amended to read as follows : r c. Special Requirement for Projects Located in Zone 1 of the Aquifer Protection Area and Which Will Involve Placement of More than Fifty (50) Cubic Yards of Imported Fill: A source statement certified by a professional engineer licensed in the State of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The source statement, as defined in RMC 4-8-120.D.19, shall be required voi for each source location from which imported fill will be obtained. d. Special Requirement for Projects Located in Zone 2 of the Aquifer Protection Area and Which Will Involve Placement of More than One Hundred (100) Cubic Yards of Imported Fill: The source statement described in Section RMC 4-8- 120.D.19 is required for each source location from which imported fill will be obtained. e. Abbreviated Source Statement for Aquifer Protection Area: The Department may accept a source statement, as defined in RMC 4-8-120.D.19, that does not include results of sampling and analysis of imported fill if it determines that adequate information is provided indicating that the source location is free of contamination. In addition to the information otherwise required by subsection as defined in RMC 4-8- ""i 120.D.19, such information may include, but is not limited to: (1) Results of field testing of earth materials to be imported to the site with instruments capable of detecting the presence of contaminants; and 0 59 ORDINANCE NO. 4851 • (2) Results of previous sampling and analysis of earth materials to be imported to the site. f. Source Statement Not Required for Imported Fill Obtained from Washington State Department of Transportation Approved Source: The source statement defined in RMC 4-8-120.D.19 is not required for those projects located in the Aquifer Protection Area if contractual documents confirm that imported fill will be obtained from a Washington State Department of Transportation approved source. SECTION XXVIII. Section 4-4-130.0 of Chapter 4, Property Development Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new subsection, 4-4-130.C.12, which reads as follows: 12. Modification of existing utilities and streets (not otherwise exempted by 4-3-050.C.7) by 10% or less: overbuilding (enlargement beyond existing project needs) or replacement and/or rehabilitation of existing streets, provided the work does not increase the footprint of the structure, line or street by more than ten percent (10%) within the critical area and/or buffer areas. SECTION XXIX. Section 4-5-120.G of Chapter 5, Building and Fire Prevention Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: G. DEFINITIONS OF TERMS USED IN THIS SECTION: -- AQUIFER PROTECTION AREA (APA): Refer to RMC 4-3-050.B.2, Applicability: Critical Areas Designations/Mapping, Aquifer Protection, and RMC 4-11-010, Definitions A. ... SECTION XXX. Sections 4-6-030.E.1 and the introductory paragraph of 4-6-030.E.3, of Chapter 6, Street and Utility Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 4-6-030.E.1: Content: All persons applying for any of the permits and/or approvals contained in subsection C.1 of this Section shall provide a drainage plan for surface water flows entering, flowing within and leaving the subject property. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer registered in the State of Washington. The drainage plan shall be prepared in conformance with the Core and Special Requirements contained in 60 ORDINANCE NO. 4 8 51 section 1.2 and 1.3 of chapter 1, the hydrologic analysis methods contained in chapter 3, the hydraulic analysis and design criteria in chapter 4, and the erosion/sedimentation control plan and practices contained in chapter 5 of the 1990 King County Surface Water Design Manual, except where amended or ,rl appended by the Department. 4-6-030.E.3(introduction): Additional Requirements in Aquifer Protection Areas — Amendments to King County Surface Water Design Manual, Chapter 1: The following sections of chapter 1 of the 1990 King County Surface Water Design Manual (which has been incorporated in the Renton Municipal Code by reference) is hereby amended to read as follows by adding additional requirements following the end of each section: SECTION XXXI. Section 4-6-030.E.3.b of Chapter 6, Street and Utility Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: b. Section 1.2.3, CORE REQUIREMENT #3; RUNOFF CONTROL, "Biofiltration": • (1) Requirements for Zone 1 of an Aquifer Protection Area: Proposed project runoff resulting from more than five thousand (5,000) square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall not be treated prior to discharge from the project site by on-site biofiltration measures but shall instead be treated by a wetvault meeting the design criteria contained in Section 1.3.5 SPECIAL REQUIREMENT #5; SPECIAL WATER QUALITY CONTROLS. New or existing retrofitted wetvaults and appurtenances shall meet the pipeline requirements specified in Section 4-3-050.H.6.a, Pipeline Requirements—Zone 1. SECTION XXXII. The title of Section 4-6-030.E.3.d, of Chapter 6, Street and Utility Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: rr d. Section 1.2.3, CORE REQUIREMENT #3; RUNOFF CONTROL, "Retention Facilities": • SECTION XXXIII. Sections 4-6-030.E.3.g and h., of Chapter 6, Street and Utility Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code a of General Ordinances of the City of Renton, Washington" are hereby amended as follows: 61 a - . ORDINANCE NO. 4851 °--` g. Section 1.2.4, CORE REQUIREMENT #4; CONVEYANCE SYSTEM, "Composition": (1) Requirements for Zone 1 of an Aquifer Protection Area: New conveyance systems shall be constructed in accordance with the pipeline requirements specified in RMC 4-3-050.H.6.a, Pipeline Requirements — Zone 1, of the Aquifer Protection Regulations. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and a pipeline storm drainage system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. (2) Requirements for Zone 2 of an Aquifer Protection Area: A groundwater protection liner may be required for new drainage ditches or channels per the design criteria described in the section "Liner to Prevent Groundwater Contamination" in the introduction to Section 4.6, Water Quality Facility Design. Exception: New •- drainage ditches or channels do not require a groundwater protection liner following the last water quality facility. Proposed projects shall provide an impervious surface for all new or existing areas that will be subject to vehicular use or storage of chemicals. Said impervious surface shall be provided with the proper catch basins and an approved conveyance system in order to collect surface water runoff and direct it into the downstream drainage conveyance system. h. Section 1.3.5, SPECIAL REQUIREMENT #5; SPECIAL WATER QUALITY CONTROLS: (1) Requirements for Zone 1 of an Aquifer Protection Area: «.. • Threshold: If a proposed project will discharge runoff from more than one acre of impervious surface that will be subject to vehicular use or storage of chemicals, and: (i) Proposes direct discharge of runoff to a regional facility, receiving water, lake, wetland, or closed depression without on-site peak rate runoff control; or (ii) The runoff from the project will discharge into a Type 1 or 2 stream, or Type 1 wetland, within one mile from the project site. • Requirement: The wetvault size shall be increased by a factor of 1.5 times the size of the wetvault normally required per section 4.6.2. of the 1990 King County Surface Water Design Manual and shall satisfy the wetvault required by Section 1.2.3. CORE REQUIREMENT #3: RUNOFF CONTROL in Zone 1 of the Aquifer Protection Area. New or existing retrofitted wetvaults and ••• appurtenances shall meet the pipeline requirements specified in RMC 4-3- 050.H.6.a, Pipeline Requirements—Zone 1. SECTION XXXIV. Sections 4-6-040.J.1 and J.2 of Chapter 6, Street and Utility Standards, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of S 62 4160 ORDINANCE NO. 4851 4 General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 1. Zone 1 Requirements: a. Wastewater Disposal—Zone 1: (1) New developments (residential and nonresidential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. (2) Existing developments (residential and nonresidential) may be required to connect to a central sewer system as a requirement of any building permit issued after the effective date of this Section(May 1, 1993) for the property. (3) All existing developments (residential and nonresidential) which are within usi three hundred thirty feet (330') of an existing gravity sanitary sewer with capacity shall be required to connect within two (2) years of the passage of this Section(September 14, 1994). All existing developments (residential and nonresidential) which are located within three hundred thirty feet (330') of a new gravity sanitary sewer line with capacity shall be required to connect within two (2) years of the availability of the new sewer line. b. Additional Zone 1 Requirements: For properties located in Zone 1 of an aquifer protection area, additional requirements pertaining to sewers are specified in the following sections of the Renton Municipal Code: RMC 4-3-050.C.8.e(2), Prohibited Activities — Aquifer Protection Areas, Zone 1; RMC 4-3-050.C.1.a, Aquifer Protection Areas - Compliance with Regulations; RMC 4-3-050.H.6.a, , Pipeline Requirements — Zone 1; and RMC 4-4-030.C.7, Construction Activity Standards — Zones 1 and 2. 2. Zone 2 Requirements: a. Wastewater Disposal - Zone 2: (1) New developments (residential and nonresidential) shall, as a condition of the building permit, be required to connect to a central sanitary sewer system prior to occupancy. New single-family residential development on existing lots may use an on-site sewage disposal system in lieu of connection to a +rr► central sanitary sewer system when the Wastewater Utility has determined that, according to its codes and policies, a central sanitary sewer is unavailable. Approval of the use of an on-site sewage disposal system for such development shall be conditional upon the signing of a covenant running with the land to connect to a central sanitary sewer within two years of its availability as determined by the Wastewater Utility, according to its codes and policies. (2) Sanitary sewers shall be constructed in accordance with prevailing American Public Works Association (APWA) standards with respect to minimum allowable infiltration and exfiltration. b. Additional Zone 2 Requirements: For properties located in Zone 2 of an aquifer protection area, additional requirements pertaining to sewers are specified in the S 63 , ... . ORDINANCE NO. 4 8 51 ...., following sections of the Renton Municipal Code: RMC 4-3-050.C.1.a, Aquifer Protection Areas - Compliance with Regulations; RMC 4-3-050.H.6.b, Pipeline Requirements — Zone 2; RMC 4-4-030.C.7, Construction Activity Standards — Zones ., 1 and 2; and RMC 4-3-050.D.2.b, Potential to Degrade Groundwater. SECTION XXXV. Table 4-8-120.A of Chapter 8, Permits and Decisions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General ,.. Ordinances of the City of Renton, Washington"is hereby amended to read as follows: TABLE 4-8-120A PUBLIC WORKS .. APPLICATIONS 1- IX w a z0 '. O a ` 7Is o � �, 2 :«+ E Q E J m .r '- ..� V c .4 a N as iV Q U. V ` 0 C m Q. 0 u1 m � " a a 0 O v "" a. ' � c R � E .) a a SUBMITTAL REQUIREMENTS >- D . co a ct a 0 O. a Closure Permit Application Form 1(b) Construction Permit Application Form 1 1 1 2 Construction Mitigation Description 3 3 3 4 Drainage Plans 3 3 3 Drainage Report 2 2 2 Erosion Control Plan (Temporary) 3 3 3 3 Geotechnical Report 3 2 1 2 Grading Plans 3 3 4 Hazardous Materials Management Statement 1(b) 1(b) 1(b) 1(b) Neighborhood Detail Map 3 3 3 3 ... Operating Permit Application 1 Roadway Construction Plans 3 3 0. Source Statement, Fill Material 1(b) 1(b) 1(b) 1(b) Street Lighting Plans 3 3 Topography Map 3 3 3 4 Tree Cutting Inventory/Land Clearing Plan— 3 3 3 3 Approved Utility Plans—Engineered 3 3 3 4 Wetlands Report/Delineation 1(a) 1(a) 1(a) 1(a) ... 64 , `r✓ ORDINANCE NO. 4 8 51 41.00 , le PUBLIC WORKS ai APPLICATIONS 2 M w a z 0 0e 1.1 c Cl. r o o J V c y a id a to o a `—° w L a H 'a d c.) a R 0 0 co ea co = y a O aii m 3 = 3 = :c = O C) a A.' 1) € 3E Ec) a a SUBMITTAL REQUIREMENTS S y in a W a 0 a Q di Table 4-8-120A Legend The number of copies required(if any)is indicted for each type (a) Required when wetlands are present on site. of application and each submittal requirement, unless waived by the Development Services Division Plan Review (b) Required when project is located in Zones 1 2 of a Aquifer Protection Area. Supervisor. Waiver of aquifer permit submittal requirements Si or may be granted by the Water Utility. SECTION XXXVI. Table 4-8-120.B of Chapter 8, Permits and Decisions, of "ti §Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General a Ordinances of the City of Renton, Washington" is hereby amended as shown in Attachment C, ii which is hereby incorporated. ' SECTION XXXVII. Table 4-8-120.0 of Chapter 8, Permits and Decisions, of tioi Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General am Ordinances of the City of Renton, Washington" is hereby amended as shown in Attachment D, which is hereby incorporated. imil SECTION XXXVIII. Section 4-8-120.D.3, Definitions C, of Chapter 8, Permits and Decisions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of iii General Ordinances of the City of Renton, Washington" is hereby amended by adding a new ivii definition, which reads as follows: tat Closure Permit Application, Aquifer Protection Area: An application package including the following: =£ al a. A list of hazardous materials to be removed from the premises including product names and quantities. , ogi 65 ORDINANCE NO. 4851 b. A description of the method of hazardous materials removal and proposed material destination. c. A list of contaminated equipment and/or containment devices to be removed from the premises and a description of the method of disposal or recycling. SECTION XXXIX. Section 4-8-120.D.8, Definitions H, of Chapter 8, Permits and Decisions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, which reads as follows: Hazardous Materials Management Statement: A statement which includes: ,,. a. A description of refueling of construction vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dispensed, used, or handled on the site. b. A description of how the requirements in Section 4-3-050.H.7, Construction Activity Standards—Zones 1 and 2, will be met by the applicant. SECTION XL. Section 4-8-120.D.15, Defmitions 0, of Chapter 8, Permits and Decisions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following defmition, which reads as follows: Operating Permit Application, Aquifer Protection Area: An application package including the following: a. A Hazardous Materials Inventory Statement and, upon request by the Department, a �• Material Safety Data Sheet for any or all materials entered in the statement. b. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required. c. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of hazardous materials in quantities .•• greater than the de minimus amounts specified in Section 4-3-050.C.6.a(2)i. d. A description of the containment devices used to comply with the requirements of this Section. e. A description of the procedures for inspection and maintenance of containment devices. f. A description of how hazardous materials will be legally disposed. 66 40110 ORDINANCE NO. 4 8 51 g. A site map showing the following: (1) Property boundaries; (2) Building and other structures located on the property; (3) Secondary containment devices; and (4) Floor and yard drains with a note as to whether the drain is to storm or sanitary sewer. SECTION XLI. Section 4-8-120.D.19, Definitions S, of Chapter 8, Permits and Decisions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, which reads as follows: „ j Source Statement, Fill Material, Aquifer Protection Area: A source statement providing the following information: a. The source location of imported fill; b. Previous land uses of the source location; c. Whether or not earth materials to be removed from the source location are native, undisturbed soil; ori d. Whether or not the source location appears on government lists of contaminated sites including those developed pursuant to the state Model Toxics Control Act and the federal Comprehensive Environmental Response, Compensation, and Liability Act; e. Results of sampling and analysis pursuant to Section 4-4-060.L4g, Fill Material, Sample and Analysis Procedures; and f. Whether or not imported fill meets fill quality standards described in Sections 4-4- 060.L4a, Fill Material, Construction, Demolition and Land Clearing Waste Prohibited, and 4-4-060.L4b, Fill Material, Cleanliness of Fill Material. SECTION XLII. Chapter 4-9, Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new subsection, 4-9-015, which reads as follows: ri 4-9-015 AQUIFER PROTECTION AREA PERMITS A. PURPOSE: The purpose of this Section is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. This Section establishes permit procedures operating permits, closure permits, and uniform a 67 - . ORDINANCE NO. 4851 *-+ standards for release reporting, emergency response, closure and abandonments. B. APPLICABILITY: 1. Operating Permits Required: No person, persons, corporation, or other legal entities shall operate a facility in an Aquifer Protection Area (APA) (See RMC 4-3-050.Q.1, Maps, Aquifer Protection) without first obtaining an operating permit from the Department. Any person who owns more than one facility in a single zone of the APA shall have the option of obtaining one permit for all operations if the operations at each facility are similar and the permit requirements under this Section are applicable to each facility individually. 2. Closure Permits Required: No person, persons, corporation or other legal entity shall close a facility without first obtaining a closure permit to do so from the Department. The Department shall not issue a permit to temporarily or permanently close a facility unless adequate plans and specifications and other appropriate information has been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Section. ,,. 3. Reporting of Unauthorized Release of Hazardous Materials: All persons shall comply with sections 4-3-050.H.10 and 4-9-015.G relating to unauthorized release of hazardous materials. C. EXEMPTIONS - OPERATING AND CLOSURE PERMITS: The following land uses and activities do not require Operating or Closure Permits, but may require compliance with other standards and regulations in Section 4-3-050, Critical Areas Regulations. 1. Pipelines, Roadways, Railroads: Pipelines including storm and sanitary sewers and product pipelines, interstate freeways, state highways, arterials, local access streets, and railroads. 2. Cleanups, Monitoring and/or Studies under State or Federal Supervision: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency. Mai 3. Use, Storage, and Handling of Specific, Listed Hazardous Materials That Do Not Present a Risk to the Aquifer: a. Hazardous Materials That Do Not Present a Risk to the Aquifer: Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department is exempt from all regulation under this Section with the exception of the requirement to list these hazardous materials on the Hazardous Materials Inventory Statement as provided by section 4-8- . 120.D.15, Operating Permit Application, Aquifer Protection Area, subsection a. -► b. Sale of Hazardous Materials in Original, Small Containers: Hazardous materials offered for sale in their original containers of five 68 ..1 ORDINANCE NO. 4851 4 (5) gallons or less. eii c. Hazardous Materials in De Minimus Amounts: Hazardous materials use, storage, and handling in de minimus amounts (aggregate quantities totaling twenty [20] gallons or less at the facility or construction site). d. Hazardous Materials Contained in Properly Operating Sealed si Units: Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.)that are not opened as part of routine use. e. Residential Use, Storage, and Handling of Hazardous Materials: Non-commercial residential use, storage, and handling of hazardous materials provided that no home occupation business (as defined by "� Title 4, Chapter 11, Definitions, of the Code of the City of Renton) is operated on the premises. f. Fuel Tanks and Fluid Reservoirs Attached to Motor Vehicle: Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation r of that vehicle. g. Fuel Oil: Fuel oil used in existing heating systems. h. Emergency — Governmental Organization: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations. i. Water Treatment and Water System Use: Hazardous materials used, stored, and handled by the City of Renton in water treatment processes and water system operations. j. Fueling of Equipment Not Licensed for Street Use: Fueling of equipment not licensed for street use provided that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water,or groundwater except for refueling associated 1 with construction activity regulated by Section 4-3-050.H.7, Construction Activity Standards—Zones 1 and 2. D. ADMINISTRATION: The Department Administrator, or his/her designee, shall a have the power and authority to administer and enforce the provisions of this Chapter. E. OPERATING PERMIT: 1. Submittal Requirements and Fees: Shall be as listed in RMC 4-1, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements — Specific to Application Type. 2. Operating Permit Criteria—Zones 1 and 2: a. Criteria — Zones 1 and 2: The Department shall not issue an ii operating permit for a facility unless adequate plans, specifications, 69 a ORDINANCE NO. 48 S 1 test data, and/or other appropriate information has been submitted by the owner showing that the proposed design and construction of the facility meets the intent and provisions of this Section and Section 4-3- .,., 050, Critical Areas Regulations, and will not impact the short term, long term or cumulative quantity or quality of groundwater. b. Additional Criteria - Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored, handled, treated, used, or produced in excess of quantities reported in the initial Aquifer Protection Area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by Section 4-3-050.C.8.e(2), Prohibited Activities-Aquifer Protection Areas. 3. Operating Permits - Conditions for Zone 1 and 2: Specific conditions for •• operating permits issued to facilities in Zones 1 and 2 of an APA are described in Section 4-3-050.H, Aquifer Protection. The following general conditions in subsections E.3.a, b, c, and d, and E.4 through E.6 shall be included as part of -• any operating permit issued pursuant to this Section: a. In-house inspection and maintenance: Procedures for the in-house inspection and maintenance of containment devices and areas where hazardous materials are stored, handled, treated, used, and produced shall be identified in the operating permit for each facility. Such procedures shall be in writing, and a log shall be kept of all inspection and maintenance activities. Such logs shall be submitted to the Department annually and shall be available for inspection. Inspection and maintenance logs shall be maintained on-site by the owner for a period of at least three (3) years from the date the monitoring was performed. b. Changes to Facility - Responsibility to Report: The permittee shall report to the Department within fifteen(15) days after any changes in a facility including: (1) The storage, handling, treatment, use, or processing of new hazardous materials; •- (2) Changes in monitoring procedures; or (3) The replacement or repair of any part of a facility that is related to the hazardous material(s). c. Unauthorized Release - Responsibility to Report: The permittee shall report to the Department any unauthorized release occurrence, within twenty four (24) hours of its detection, in accordance with Section 4-9-01 5.H.2.a. d. Compliance with Inspection Report: Within thirty (30) days of receiving an inspection report from the Department, the operating permit holder shall file with the Department a plan and time schedule 70 ORDINANCE NO. 4851 , to implement any required modifications to the facility or to the monitoring plan needed to achieve compliance with the intent of this Chapter or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department. 4. Effect of Operating Permit: An operating permit, issued by the Reviewing Official, shall be effective for one year. The Reviewing Official shall not issue a permit to operate a facility until he/she determines that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Responsible Official must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Department for permit renewal at least sixty (60) days prior to the expiration of the permit. am 5. Operating Permit Renewal: All Aquifer Protection Area operating permits must be renewed by the Department on an annual basis. uss 6. Transferability: Operating permits may be transferred to a new facility owner if the new facility owner does not change any conditions of the permit, the transfer is registered with the Department within thirty (30) days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. F. CLOSURE PERMIT: 1. SUBMITTAL REQUIREMENTS AND FEES: Shall be as listed in RMC 4-1, Administration and Enforcement, and RMC 4-8-120, Submittal Requirements— Specific to Application Type. 2. Closure Permits and Permit Conditions—Zones 1 and 2: a. Requirement to Obtain Permit Before Closure: No person shall close or cause to be closed a facility regulated pursuant to this Chapter without first obtaining a closure permit from the Department and a permit from the Renton Fire Department pursuant to the Uniform Fire Code, if required. b. Required for Facilities: Closure permits shall be required for all facilities that cease to store, handle, treat, use, or produce hazardous materials for a period of more than three hundred sixty five (365) days or when the owner has no intent within the next year to store, handle, treat, use, or produce hazardous materials. During the period of time between cessation of hazardous material storage, handling, treatment, use, or production, and actual completion of facility closure, the applicable containment and monitoring requirements of this Section shall continue to apply. c. Closure Proposals: Prior to closure,the facility owner shall submit to the Department a proposal describing how the owner intends to comply with closure requirements. Owners proposing to close a facility shall comply with the following requirements: isi 71 ORDINANCE NO. 4851 (1) Hazardous materials shall be removed from the facility, including residual liquids, solids, or sludges to levels specified in 173-340 WAC, Model Toxic Control Act Cleanup Regulation. (2) When a containment device is to be disposed of, the owner must document to the Department that proper disposal has been completed. (3) An owner of a containment device or any part of a containment device that is destined for reuse as scrap material shall identify this reuse to the Department. d. No Detectable Unauthorized Releases: The owner of a facility being closed shall demonstrate to the satisfaction of the Department that no detectable unauthorized release has occurred or that unauthorized releases have been cleaned up (pursuant to the Model Toxics Control Act). This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. e. Determination of Unauthorized Release: If an unauthorized release is determined to have occurred, the facility owner shall comply with ,,. Section 4-9-015.G, Unauthorized Releases. f. Completion of Facility Closure: Facility closure will be accepted as complete by the Department upon implementation of the closure permit conditions and compliance with all other provisions of the Section. g. Time to Complete Closure: Facility closure must be completed according to a timetable and permit conditions determined by the Department and shall, in all cases, be completed within one year of the ... date when a closure permit is required. G. UNAUTHORIZED RELEASES: 1. Unauthorized Release Prohibited, Reporting Required: Hazardous materials shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape or leach into the air, into groundwater, surface water, surface soils or subsurface soils. Exception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal and discharges permitted under federal, state, or local law. All unauthorized releases as defined in Section 4-11-210, Definitions U, shall be reported to the Department within twenty-four (24) hours of discovery that the release has occurred. Unauthorized releases shall be reported by the person or persons responsible for the release and/or the owner of the property on which the release has occurred. 2. Unauthorized Releases from Facilities—Report Time and Content: a. Requirement to Report within 24 Hours: Unauthorized releases 72 ORDINANCE NO. 4851 Niee • se shall be reported to the Department within twenty four (24) hours of s i discovery of the occurrence and shall be recorded in the owner's inspection and maintenance log. b. Unauthorized Release Report: The report shall contain the following information that is known at the time of filing the report: (1) List of type, quantity, and concentration of hazardous materials ri released. (2) The results of all investigations completed at the time to determine the extent of soil or groundwater or surface water contamination because of the release. (3) Method of cleanup implemented to date and proposed cleanup actions. (4) Method and location of disposal of the released hazardous material and any contaminated soils, groundwater, or surface water. (5) Proposed method of repair or replacement of the containment device. (6) Facility owner's name and telephone number. wi c. Clean-Up Progress Reports: Until cleanup is complete, the owner shall submit reports to the Department every month or at a more frequent interval specified by the Department. The reports shall include the information requested in this Section. Cleanup shall be considered to be complete when, according to the best available scientific evidence, the risk of causing the City water supply to fail to meet state drinking water quality standards has been removed and the cleanup meets the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC). 3. Monitoring Results: a. Detection and Prevention of Further Contamination: Semi- annually, or more frequently, the Department may review all site monitoring results submitted by owners in an APA. The Department may require the owner to immediately accomplish the following if a hazardous material that is listed in the Operating Permit is detected in an owner's monitoring well(s), surface water runoff, and/or site soils and the concentration exceeds Model Toxics Control Act Cleanup Standards as provided in Chapter 173-340 WAC or if, according to the best available scientific information, the concentration may cause the City water supply to fail to meet state drinking water quality standards: (1) Locate and determine the source of the hazardous material detected. S (2) Stop and prevent any further unauthorized release(s), of the a 73 a ORDINANCE NO. 4 8 51 .r. hazardous material detected, if under the control of the owner. (3) Comply with the requirements for an unauthorized release(s) from a facility. b. Owners Proving Non-Responsible: The owner shall not be subject to this mandatory action specified in section 4-9-015.G.3.a, Detection and Prevention of Further Contamination, if the owner can present acceptable technical data that substantiates that it is not responsible for the violation. c. Remedy: The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which a release of hazardous materials has occurred shall initiate and complete all actions necessary to remedy the effects of such release on the City of Renton water supply at no cost to the City. If an unauthorized release causes or is expected, according to the best available scientific evidence, to cause the drinking water supply of the City of Renton to fail to comply with state drinking water quality standards, and if the facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred fails to address the unauthorized release in a timely manner, the Department or its authorized agents shall have the authority to implement removal or remedial actions. Such actions may include, but not be limited to,the prevention of further groundwater contamination; installation of groundwater monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of hazardous materials, and remediation of soil and/or groundwater. The facility owner or other person responsible for an unauthorized release and/or the owner of the property on which the release has occurred shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the unauthorized release including but not limited to removal and/or remedial actions, water supply operations, replacement of wells, and water treatment. d. Additional Federal, State, and Local Laws: Reporting a release to the Department does not exempt or preempt any other reporting requirements under Federal, State, or local laws. H. PERMIT SUSPENSION OR REVOCATION: -• 1. Operating Permit Suspension: The Department may, without warning or hearing, suspend an operating permit if continued operation of the facility constitutes an immediate threat to the aquifer or if violations have not been corrected within the time specified in an inspection report. Suspension is effective upon service of notice in writing to the owner or the person in charge at the facility that the permit is immediately suspended and that an opportunity -- for a hearing on the validity of the suspension will be provided if a written request for hearing is filed with the Administrator by the owner within ten 74 ORDINANCE NO. 4 8 51 (10) days after the suspension. The filing of a written request for hearing shall not stay the effectiveness of the suspension. When an operating permit is suspended, facility operations shall immediately cease. 2. Operating Permit Reinstatement After Suspension: The owner whose a operating permit has been suspended may submit to the Department, within ten (10) days of notice of permit suspension or within twenty (20) days of a hearing, if one is requested, a written application for an inspection and a reinstatement of a suspended permit. The application shall include a statement signed by the applicant that, in his or her opinion, the conditions causing suspension of the permit have been corrected. The Department shall, a within five (5) working days following the receipt of the application, inspect the facility. The permit shall be reinstated within five (5) working days of the inspection if the facility is in complete compliance with Section 4-3-050, Critical Areas Regulations, as determined by the Department. 3. Operating Permit Revocation: The Department may revoke an operating �rl permit if the owner does not apply for a reinspection or hearing within ten (10) days of permit suspension, if the owner does not apply for a reinspection within twenty (20) days of a hearing, for repeated violations of any of the • requirements of Section 4-3-050, Critical Areas Regulations, for interference with the Department in the performance of duty, for submitting false or inaccurate information, and for intentional unauthorized release of hazardous ml materials within the APA. Prior to revocation, the Department shall notify, in writing, the owner of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the tenth (10th) day following service of such notice unless a written request for hearing with the Administrator is filed with the Department by the owner within ten (10) days after the date of service, in which case the revocation shall be stayed until the issuance of a final decision following the hearing. When an operating permit is revoked, facility operations shall immediately cease. The decision as to whether an unauthorized release of hazardous materials by the owner wasvit intentional shall be made by the Administrator of the Department of Building/Planning/Public Works or his or her designee. 4. Application for Closure Permit Following Operating Permit Revocation: The owner of a facility whose operating permit has been revoked shall immediately apply for a Closure Permit and shall comply with closure requirements and closure permit conditions according to a schedule determined by the Department. 5. Application for Operating Permit Following Revocation: The owner of a facility for which the operating permit has been revoked may make written application for a new permit. The owner of a facility for which the operating permit has been revoked for reasons including but not limited to accidental or intentional unauthorized release of hazardous materials into the APA may be permanently banned by the Administrator from obtaining an operating permit for the same facility or another facility at any location in the APA. 75 a r- ORDNANCE NO. 4 8 51 `1"` I. APPEAL: Administrative determinations or permit decisions shall be subject to appeal pursuant to Section 4-8-110, Appeals. SECTION XLIII. Sections 4-9-070.O.2.c and 4-9-070.O.4.e of Chapter 9, Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to r.. read as follows: 4-9-070.O.2.c: The City adopts, by reference, the policies in the following City codes, ordinances, resolutions and plans as they currently appear and as hereafter amended: Cedar River Master Plan(1976) Comprehensive Solid Waste Management Plan(1983) Green River Valley Plan(1984) Fire Department Master Plan(1987) Airport Master Plan King County Stormwater Management Manual (1990) Comprehensive Water System Plan Comprehensive Park, Recreation and Open Space Plan Long Range Wastewater Management Plan King County Comprehensive Housing Affordability Strategy(CHAS) Shoreline Master Program King County Solid Waste Management Plan Countywide Planning Policies Six-Year Transportation Improvement Plan Street Arterial Plan Traffic Mitigation Resolution and Fee (1994) Parks Mitigation Resolution and Fee (1994) Fire Mitigation Resolution and Fee(1994) Comprehensive Plan 4-9-070.O.4.e: Such conditions are based on one or more policies in Subsection 0.2 of this Section and cited in the license or other decision document. SECTION XLIV. Section 4-9-200.F.5 of Chapter 9, Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted. 76 ORDINANCE NO. 4851 SECTION XLV. Section 4-9-200.F.6, Special Review Criteria for Hazardous Waste Treatment and Storage Facilities, of Chapter 9, Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby renumbered and amended to read as follows: 5. Special Review Criteria for Hazardous Waste Treatment and Storage Facilities: a. Above-ground hazardous waste treatment and storage facilities shall be constructed with containment controls which will prevent the escape of hazardous wastes in the event of an accidental release from the facility. Such controls shall conform with all adopted Federal, State and local design and construction standards; b. Underground hazardous waste treatment and storage facilities shall comply with RMC 4-5-120, Underground Storage Tank Secondary Containment Regulations; c. Hazardous waste treatment and storage facilities shall comply with article 80 of the Uniform Fire Code as adopted by ordinance by the City of Renton; d. A hazardous waste spill contingency plan for immediate implementation in the event of a release of hazardous wastes at the facility shall be reviewed and approved by the Renton Fire Department prior to issuance of any permits; and e. The location of all on-site and off-site facilities must comply with the State siting criteria as adopted in accordance with RCW 70.105.210. r SECTION XLVI. Section 4-9-250.B.1 of Chapter 9, Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of ,r General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: uS 1. Authority And Applicability: a. Hearing Examiner Variances: The Hearing Examiner shall have the authority to grant variances from the provisions of those sections of this Title listed in RMC 4-1- 050.F where the proposed development requires or required any permit or approval as set forth in RMC 4-1-050.H.,Review Authority for Multiple Permit Applications, and for variances from the following Critical Area regulations: (1) Proposals Located Within Critical Areas — Aquifer Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of 9 public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. 77 uS - ORDINANCE NO. 4 8 51 .. (2) Proposals Located Within Critical Areas - Flood Hazards: The Hearing Examiner shall hear and decide requests for variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regulations. (3) Proposals Located Within Critical Areas - Wetlands: Buffer width reductions not otherwise authorized by RMC 4-3-050.M.6.e and f- Category 1 or 2. (4) Proposals Located Within Critical Areas -General: Public/quasi-public utility or agency proposing to alter Aquifer Protection, Geologic Hazard, ,., Habitat or Wetlands Regulations not listed above or as an Administrative Variance. b. Board Of Adjustment Variances: The Board of Adjustment shall have authority to grant variances from the provisions of this Title upon application to the Development Services Division where no approval or permit is required for the proposed development which must be granted by the Hearing Examiner pursuant to RMC 4-1- 050.H. The Board of Adjustment shall have no authority to vary the terms or conditions of any permit, recommendation or decision issued by the Hearing Examiner. c. Administrative Variances: The Planning/Building/Public Works Administrator or his/her designee, shall have the authority to grant variances from the following W. development standards when no other permit or approval requires Hearing Examiner Review: (1) Residential Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, and lot coverage; and (2) Commercial and Industrial Land Uses: Screening of surface mounted equipment and screening of roof-mounted equipment. (3) Proposals Located Within Critical Areas: • Steep Slopes 40% or Greater and Very High Landslide Hazards: The construction of one single family home on a pre-existing platted lot. • Wetlands: - Creation/restoration/enhancement ratios: Categories 1 and 2. - Buffer width reductions not otherwise authorized by RMC 4-3- 050.M.6.e and f- Category 3. - A new or expanded single family residence on an existing, legal lot, having a regulated Category 3 wetland. SECTION XLVII. Section 4-9-250.B.6 of Chapter 9, Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 6. Special Review Criteria- Reasonable Use Variance - Critical Areas Regulations Only: 78 ORDINANCE NO. 4 R,1 For variance requests related to the Critical Areas Regulations not subject to subsections B.7 i to B.10 below, the Reviewing Official may grant a Reasonable Use Variance if all of the following criteria are met: a. That the granting of the variance will not be materially detrimental to the public "i welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; ii b. There is no reasonable use of the property left if the requested variance is not granted; c. The variance granted is the minimum amount necessary to accommodate the proposal objectives; and a d. The need for the variance is not the result of actions of the applicant or property owner. sii SECTION XLVIII. Sections 4-9-250.B.7, 8, 9, 10, 15, and 16, of Chapter 9, ■ Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to w read as follows: a 7. Special Review Criteria for Variances from the Aquifer Protection Regulations: Except for public or quasi-public utility or agency proposals which are subject to subsection 10 below, the Hearing Examiner shall consider the following criteria, in addition to those iii criteria in 4-9-250.B.5. and 6 above, for variances from Aquifer Protection Regulations: a. That the proposed activities will not cause significant degradation of groundwater or surface water quality; b. That the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: rill (1) limiting the degree or magnitude of the hazardous material and activity; and (2) limiting the implementation of the hazardous material and activity; and ii (3) using appropriate and best available technology; and (4) taking affirmative steps to avoid or reduce impacts;and el c. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property. a 8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations: In lieu of the variance criteria of RMC 4-9-250.B.5 above, the following directives and criteria shall be utilized by the Hearing Examiner in the review of iii variance applications related to the Flood Hazard requirements of the Critical Areas Regulations: a mil 79 a *mu, ORDINANCE NO. 4 8 91 .-' a. Purpose and Intent: Variances, as interpreted in the national flood insurance program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, -• its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. b. Review Criteria: In passing upon such an application for a variance, the Hearing Examiner shall consider the following review criteria: (1) Consider all technical evaluations, all relevant factors, standards specified in other sections of this section; and: • The danger that materials may be swept onto other lands to the injury of others. • The danger to life and property due to flooding or erosion damage; • The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; • The importance of the services provided by the proposed facility to the community; • The necessity to the facility of a waterfront location, where applicable; • The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; • The compatibility of the proposed use with existing and anticipated development; • The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; • The safety of access to the property in times of flood for ordinary and emergency vehicles; • The expected heights, velocity, duration, rate of rise, and sediment transport ..• of the flood waters and the effects of wave action, if applicable, expected at the site; and, • The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (2) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half(1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided criteria in RMC 4-9-250.B.8.b(1) have been fully considered. ar 80 ORDINANCE NO. 4 8 51 , As the lot size increases the technical justification required for issuing the variance increases. (3) Variances may be issued for nonresidential buildings in very limited eu circumstances to allow a lesser degree of floodproofing than watertight or dry- floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except RMC 4-9- 250.B.8.b(2), (3) or (4), and otherwise complies with RMC 4-3-050.1.2.a. and b. of the General Standards. (4) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (5) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (6) Variances shall only be issued upon: • A showing of good and sufficient cause; • A determination that failure to grant the variance would result in exceptional hardship to the applicant; • A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with it existing local laws or ordinances. • A determination that the variance is the minimum necessary, considering the me flood hazard, to afford relief. c. Conditions of Approval: Upon consideration of the factors of RMC 4-9-250.B.8.b. above, and the purposes of this section, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section. d. Notice Required Upon Variance Approval: Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation e. Records: The Department Administrator or his/her designee, the Building Official lit shall maintain the records of all variance actions and report any variances to the Federal Insurance Administration upon request. 9. Special Review Criteria - Single Family Residence on a Legal Lot with a Category 3 "'t Wetland: In lieu of the criteria shown in RMC 4-9-250.B.5 and 6, a variance may be granted from any wetland requirement in the Critical Areas Regulations for a single family residence to be located on an existing legal lot if all of the following criteria are met: 81 ORDINANCE NO. 4851 'so' a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed 5,000 square feet, including access. Otherwise the alteration shall be reviewed as a Hearing Examiner Variance and subject to the review criteria of RMC 4-9-250.B.6; b. Access is located so as to have the least impact on the wetland and its buffer; c. The proposal preserves the functions and values of the wetlands to the maximum extent possible; d. The proposal includes on-site mitigation to the maximum extent possible; e. The proposal first develops non-wetland area, then the wetland buffer, before the wetland area itself is developed; f. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; and g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this section. 10. Special Review Criteria - Public/Quasi-Public Utility or Agency Altering Aquifer Protection, Geologic Hazard, Habitat, or Wetland Regulations: In lieu of the variance .ft criteria of RMC 4-9-250.B.5, applications by public/quasi-public utilities or agencies proposing to alter Aquifer Protection, Geologic Hazard, Habitat, Stream and Lake or Wetland Regulations shall be reviewed for compliance with all of the following criteria: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served; ... b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. Each facility must serve established, identified public needs; d. No practical alternative exists to meet the needs; e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; £ The proposed activity results in no net loss of regulated wetland area, value, or function in the drainage basin where the wetland is located; g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; and i. The approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. 15. Expiration Of Variance Approval: Any variance granted by the Reviewing Official, unless otherwise specified in writing, shall become null and void in the event that the 82 IOW ORDINANCE NO. 4 8 51 ' applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such variance has been issued. For proper cause shown, an applicant may petition the Reviewing Official during the variance application review process, for an extension of the two (2) year period, specifying the reasons therefore. The time may be extended but shall not exceed one additional year in any event. 16. Extension Of Approval: For proper cause shown, an applicant may petition the Reviewing N Official for an extension of the approved expiration period established per RMC 4-9- 250.D.15 prior to the expiration of the time period, specifying the reasons therefor. The Reviewing Official may extend the time limit, but such extension shall not exceed one additional year in any event. i SECTION XLIX. Sections 4-9-250.E.2 and E.3 of Chapter 9, Procedures and Review Criteria, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"are hereby amended to read as follows: so 2. Decision Criteria: The Administrator may approve any such alternate, provided he/she finds that the proposed design and/or methodology is satisfactory and complies with the provisions ei of this Title and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Title in suitability, strength, effectiveness, durability, safety, maintainability and environmental protection. 3. Substantiation: The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. SECTION L. Section 4-11-010, Definitions A, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General N Ordinances of the City of Renton, Washington" is hereby amended by deleting both definitions for "AQUIFER PROTECTION AREA (APA)," and by adding the following definitions, which read as follows: AQUIFER PROTECTION AREA (APA): Shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as defined in Section 4-3-050.B, Applicability: Critical Areas Designations/Mapping, and depicted in 4-3- 050.Q.1,Maps, Aquifer Protection. so AQUIFER PROTECTION AREA PERMIT: An authorization by the Department for a person to store, handle, treat, use or produce a hazardous material within an APA. The two (2) N 83 ORDINANCE NO. 4 8 51 `— types of permits that will be issued pursuant to Section 4-9-015, Aquifer Protection Areas Permits, and 4-3-050, Critical Areas Regulations, are an operating permit and a closure permit. SECTION LI. Section 4-11-020, Defmitions B, of Chapter 11, Defmitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definitions: BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. SECTION LII. Section 4-11-030, Definitions C, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by deleting the definition for "CHEMICALS," and by adding the following definitions, which read as follows, CONSTRUCTION ACTIVITIES: Construction and all activities associated with construction, to include, but not be limited to, construction, remodeling, repair, and maintenance of structures, equipment, roads, and utilities; mining; grading; landfilling; and excavating. Construction activities may be regulated by permits issued by the City including, but not limited to, public works construction permits, building permits, and mining, excavation, and grading permits and licenses. CONTAINMENT DEVICE: A device that is designed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground. CRITICAL FACILITY: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. SECTION LIII. The definition for "Density, Net" in Section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 84 ORDINANCE NO. 4 8 51 " entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to iti read as follows: err DENSITY, NET: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas and public rights-of-way and legally recorded private access easements, serving three or more dwelling units, are subtracted from the gross area (gross rr� acres minus streets and critical areas multiplied by allowable housing units per acre). Required critical area buffers and public and private alleys shall not be subtracted from gross acres for the purpose of net density calculations. • SECTION LIV. Section 4-11-040, Definitions D, of Chapter 11, Definitions, of ■ Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by deleting the following definition: a DEPARTMENT: The Washington State Department of Ecology. (Ord. 3891, 2-25-1985) SECTION LV. Section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General a Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, which reads as follows: 'r DEVELOPMENT PERMIT: For purposes of the Critical Areas Regulations, RMC 4-3-050, a permit authorizing the division of a parcel of land into two (2) or more parcels; the construction, a reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land. SECTION LVI. Section 4-11-050, Definitions E, of Chapter 11, Definitions, of .r Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following tii definitions, which read as follows: err ELEVATED BUILDING: means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. aii a 85 ■ ORDINANCE NO. 4 8 51 EPA: The United States Environmental Protection Agency. SECTION LVII. Section 4-11-060, Definitions F, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, which reads as follows: FACILITY: (For purposes of aquifer protection area regulations contained in RMC 4-3-050, Critical Area Regulations) All contiguous land within an APA, structures, other appurtenances, and improvements on the land and operations therein including, but not limited to, business, government, and institutional activities where hazardous materials are stored, handled, treated, used or produced in quantities greater than the de minimus amounts specified in Section 4-3- 050.C.6.a(2)i, Activities Exempt from Specified Aquifer Protection Area Requirements. SECTION LVIII. Section 4-11-070, Definitions G, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definitions, which read as follows: GROUNDWATER: Water below the land surface in the zone of saturation. GROUNDWATER MONITORING PLAN: A plan containing procedures to be followed to assess ground water quality for concentrations of those chemicals identified in the operating permit. GROUNDWATER MONITORING WELL: A small-diameter well installed for purposes of sampling and monitoring ground water. SECTION LIX. Section 4-11-080, Definitions H, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General •- Ordinances of the City of Renton, Washington" is hereby amended by adding the following definitions, which read as follows: HAZARDOUS MATERIALS: Those chemicals or substances which are physical or health hazards as defined and classified in Article 80 of the Uniform Fire Code as adopted or amended by the City whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise 86 410 ORDINANCE NO. 4851 mismanaged. Section 4-3-050.R, Generic Hazardous Materials List, provides a list of common tri substances that may be hazardous materials. Article VI-A of the Uniform Fire Code provides further information, explanations, and examples of hazardous materials. HAZARDOUS MATERIALS INVENTORY STATEMENT: A form provided by the Department or the Fire Prevention Bureau and completed by a facility owner that provides specified information regarding hazardous materials at the facility. SECTION LX. Section 4-11-120, Definitions L, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following ais definition, which reads as follows: LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of RMC 4-3-050.1. a SECTION LXI. The definition for "Manufactured Home" in Section 4-11-130, Definitions M, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. The term "manufactured home" does not include a"recreational vehicle." SECTION LXII. Section 4-11-130, Definitions M, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General a Ordinances of the City of Renton, Washington" is hereby amended by adding the following defmitions, which read as follows: MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. +r 87 a ORDINANCE NO. 4 8 51 Noe MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING: A manufactured home park subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). MANUFACTURED HOME PARK OR SUBDIVISION, NEW: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either fmal site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. MATERIAL SAFETY DATA SHEET: Written or printed information concerning a hazardous material which is prepared in accordance with the provisions of 29 CFR 1910.1200. SECTION LXIII. Section 4-11-150, Defmitions 0, of Chapter 11, Defmitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, which reads as follows: OWNER: (For purposes of the aquifer protection regulations in RMC Sections 4-3-050, Critical Areas Regulations, and 4-9-015, Aquifer Protection Area Permits, only.) May include a duly authorized agent or attorney, a purchaser, devisee, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. SECTION LXIV. The definition for "PERSON" in Section 4-11-160, Definitions P, of Chapter 11, Defmitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: PERSON: (For purposes of tree cutting and land clearing and aquifer protection provisions only.) Any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such,jointly or severally. 88 ORDINANCE NO. 4851 `0400 a SECTION LXV. Section 4-11-160, Definitions P, of Chapter 11, Defmitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General a Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, which reads as follows: r PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of hazardous materials. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. a SECTION LXVI. Section 4-11-180, Definitions R, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following a definition, which reads as follows: RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; B. 400 square feet or less when measured at the largest horizontal projection; 'I C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. SECTION LXVII. Section 4-11-190, Definitions S, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General a Ordinances of the City of Renton, Washington" is hereby amended by adding the following definitions, which read as follows: SOLID WASTE: Shall be defined as per chapter 173-304 WAC, Minimal Functional Standards for Solid Waste Handling, WAC 173-304-100(73). SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SECTION LXVIII. Section 4-11-190, Definitions S, of Chapter 11, Definitions, a 89 ■ '4' ORDINANCE NO. 4 g 51 of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms, nor does it include the installation on the property as accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. SECTION LXIX. Section 4-11-200, Defmitions T, of Chapter 11, Defmitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition, which reads as follows: TANK VEHICLE: A vehicle other than a railroad tank car or boat, with a cargo tank mounted thereon or built as an integral part thereof used for the transportation of flammable or combustible liquids, LP-gas, or hazardous chemicals. Tank vehicles include self-propelled vehicles and full trailers and semi-trailers, with or without motive power, and carrying part or all of the load. SECTION LXX. Section 4-11-210, Definitions U, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definitions, which read as follows: UNAUTHORIZED RELEASE: Any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a hazardous material into the air, into groundwater, surface water, surface soils or subsurface soils. Unauthorized release does not include: intentional withdrawals of hazardous materials for the purpose of legitimate sale, use or disposal; and discharges permitted under Federal, State or local law. 90 40110 ORDINANCE NO. 4 8 51 ' a UTILITY STANDARDS: For purposes of the aquifer protection regulations contained in RMC, 4-3-050, Critical Area Regulations, standard design and construction practices adopted by the Renton Water Utility. a SECTION LXXI. The definition of "UNAUTHORIZED RELEASE, UNDERGROUND STORAGE TANK" in Section 4-11-210, Definitions U, of Chapter 11, iii Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: UNAUTHORIZED RELEASE, UNDERGROUND STORAGE TANK: See RMC 4-5- 120.G. i SECTION LXXII. Section 4-11-230, Definitions W, of Chapter 11, Definitions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the ri following definitions, which read as follows: WELL: A pit or hole dug into the earth to reach an aquifer. WELL FIELD: An area which contains one or more wells for obtaining a potable water supply. a SECTION LXXIII. Section 5-5-5 of Chapter 5, Business Licenses, of Title V, Finance and Business Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances "� of the City of Renton, Washington" is hereby amended to read as follows: a 5-5-5: REQUIREMENTS FOR BUSINESS LICENSE APPLICATIONS WITHIN AN AQUIFER PROTECTION AREA: All applications for business licenses within a designated Aquifer Protection Area (Zones a 1 and 2) shall include a hazardous materials inventory statement as defined in Section 4- 11-080, Definitions H, if hazardous materials, also defined in Section 4-11-080, Definitions H, will be stored, handled, treated, used, or produced on site. The Water a Utility shall review the hazardous materials inventory statement prior to issuance of the business license. An aquifer protection area operating permit shall be obtained by the at applicant prior to issuance of the business license if more than the de minimus amount of hazardous materials as defined in Section 4-3-050.C.6.a(2)(i), Activities Exempt from Specified Aquifer Protection Area Requirements, will be present on site. A business that is required to obtain an operating permit and operates without one shall be in violation of Sections 4-3-050.C.1 and 2, Applicability and Permit Required. it 91 E ea `"" ORDINANCE NO. 4851 SECTION LXXIV. Section 8-5-22 of Chapter 5, Business Licenses, of Title •• VIII, Health and Sanitation, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 8-5-22: REQUIREMENTS THAT APPLY WITHIN ZONES 1 AND 2 OF AN AQUIFER PROTECTION AREA: A. For properties located in Zone 1 of an aquifer protection area, additional requirements pertaining to sewers are specified in the following sections of the Renton Municipal Code: Section 4-6-040.J.1, Wastewater Disposal Requirements; Section 4-3-050.C.8.e(2), Prohibited Activities — Aquifer Protection Areas, Zone 1; Section 4-3-050.C.1.a, Aquifer Protection Areas - Compliance with Regulations Section 4-3-050.H.6.a, Pipeline Requirements — Zone 1; and Section 4-4-030.C.7, Construction Activity Standards- Zones 1 and 2. B. For properties located in Zone 2 of an aquifer protection area, additional requirements " pertaining to sewers are specified in the following sections of the Renton Municipal Code: Section 4-3-050.C.1.a, Aquifer Protection Areas - Compliance with Regulations; Section 4-6- 040.J.2, Wastewater Disposal Requirements; Section 4-3-050.H.6.b, Pipeline Requirements— ""` Zone 2; Section 4-4-030.C.7, Construction Activity Standards- Zones 1 and 2; and Section 4- 3-050.D.2.b, Potential to Degrade Ground Water. SECTION LXXV. Chapter 8-8 of Title VIII, Health and Sanitation, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 8-8: [RESERVED] SECTION LXXVI. Attachment E provides a legal description of Aquifer Protection Areas for the City of Renton, and is hereby incorporated. The City Clerk shall retain a copy of the legal description, and it shall not be codified. SECTION LXXVII. This ordinance shall be effective upon its passage, approval, and 30 days after publication. 92 tware ORDINANCE NO. 4851 PASSED BY THE CITY COUNCIL this 7 t h day of August , 2000. a Marilyn J. e sen, City Clerk eii a APPROVED BY THE MAYOR this 7 t h day of August , 2000. kii Jess anner, Mayor Approved a form: ampittielePait,OF-21- Lawrence J. Warren, City Attorney Date of Publication: 8/11/2000 (Summary) Sri ORD.862:7/3/00:ma. a l a 93 , ORDINANCE NO. 4851 aw ATTACHMENT A a� 4-2-120.A a a a aaMr a.. a.r a a aarr a a.. 94 arr 401101 ORDINANCE NO.4 8 51 NINO a 4-2-120.A DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONr I CC CN CS j CA SENSITIVE AREAS, General See RMC 4-3-050. See RMC 4-3-050. See RMC 4-3-050. See RMC 4-3-050. a a a a a a a a 95 a "' %OW ORDINANCE NO. 4851 ONO ATTACHMENT B 4-2-130.A IMO 411110 arr wr +rr Orr S S WOO WOO 96 ORDINANCE NO. 4 8 51 4-2-130.A DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATION SENSITIVE AREAS General See RMC 4-3-050. See RMC 4-3-050. See RMC 4 3 050. OW a a ■r a 97 " ORDINANCE NO. 4851 ATTACHMENT C Table 4-8-120.B Will IMO ONO WHO .11111 OWN 98 ORDINANCE NO. 4851 O (Q co CDD .�+ N N 3 N 0 C CD CD O N a3 C O n n n 28 C a`". CI 7 a 5 0 - CO t. c C7 -• '' 0 r a > > 0 C1 - C1) co - N N N n n 2j E fa m 0 = - o tQ co = �• 0 0 w co co C . - - = -I t (n 0 m Cn Cn * -13 ci 0 0 0 '0 o D c c c 0 0 —1 m m M- I K = v -0 m m m in m a y Cu v -n -n co r 3 0 R. x a m 73 iv 0 0 N O m g o , = M o o m x .7: m N r. M C C CD N = = P. r: III w CD 3 3 0 fitoil 0 f -' 7 O v LP O c07 n (C N N N c c� = v - um ? - N 0 (0 0 0 o O S. C n -0 _co U? F CD XZ CI n 3 c Cp FIT g C iiii illto = o «� m o a. 0 3 Z m �. vna o < m - 1Cn -a a (n N ' . = N a O G1 CD C 71 ice.v 0 = v, _3 = m = o D m D Cn r: 1- a o 3 0 a r 3 v, D mil ,� 3 ? a D CA -i .. 0 1 0 0 0 z v CD Da 3 0) o v c N 2-3' tU o ,0a iii N y O E + n = a C r: Cz CA O 0 TYPE OF APPLICATION/ m cQ PERMIT to 4° N N In.) - Demolition CO ad N TFFFFFFFFFFF N N N Grading/Fill Oil I-Fri Ins N Manufactured Home inManufactured Home Park `rt ivManufactured Home IN F[[[[[[[[[[[F — _ Home Park Multi- a ivwGJ 3 1 EFFFFF,3fFicripti—Fic,,FF Ca Family/Commercial/Industr ial New or Additions 8FITTFITFFIFFFFFITREFF Commercial/Industriala Interior Remodel Rirf-FT-Ff-FFFFFK-Frn-f-ri-F_ Pool/Spa Ili Tri-n-FrriFf-FFTITTFFTTFF. Sign [iFFFFFFFF'FFFFFJ Single Family/Duplex New up or Additions Fr Single Family/Multi-Family wili RiFrrrnirrrn-rp-r- Interior Remodel a ORDINANCE NO. 4851 .. w.., ,,,.. cn Cn cn (n CA Co (A cn cn (n x X 13 u Z K K r r r Co Co ='. -' 0 .-5 - O -A: ;-: CD 0 0 CD O� O I CD CD a) c — CD C C 0 co CD o (Q a a) O CD a '-- C m _ +.w N (D (7 .0. n« n n eL CD a �' n Q rp N CD CA g O m 0 •.. -a a g D o a ro 0 a .. (a -a,� -,CD c m SD CD co o o m 0 g -0 m o co D - r a ci 3 co a 3 CD a y op 3 a CD v, 0 3 32 r- 0two ._. a 0 hCD— o, -0 _ c - o o v, 3 a m iu 3 n 3 o 03 11 Si CD a _ u a 2 a `o. iu v 0 A 11 g ca -+, m o p C Q m m - 3 ni o �, o cn 0 — 13 ID `G Cn — -U -s C a O a' 73 COD CD .. Z iu a. a• K m �. m -o a m (.7) g m C a o cli El 3 ai CD m Q - x oco a o two D - v o IMO > 0 .0 m 3 cQ CD c1Di, o m TJ -a a c 0 - CD .7. a = cQ - 0 a -a a - 3 m Cn - aD n 3 .. a o 0 3 0 ai CD c CDy o - Z aT o o ao a N mi. o D = > > o a co m — cn a N CD ca'i o = S a co r« +.. a co„ m 0 a a .. ' -I D TYPE OF APPLICATION/ i- PERMIT m 41110 Co N IN N Demolition c 03 F N rit-f T INrf-IN Grading/Fill WIN T f- Manufactured Home in TFFTFF[[F[[[[J 1 r Manufactured Home Park Manufactured Home --R- N N N IN N N N Outside of Manufactured Home Park Multi- rn w w wIN cn FFFFFi1FFFF w Family/Commercial/Industr _ ial New or Additions W- �� ,.(-7 vF-Frf-rf-FFFF ?Fern-r Commercial/Industrial J- "' "' Interior Remodel �" EFFFFFFFFFFFFFFFFFFFFFFFP FNP cQ �FFF��FrFrrr Pool/Spa Sign OWNSingle Family/Duplex New c +� c ~' INN - "' FJTF or Additions ... °: N Frrrr Single Family/Multi-Family c Interior Remodel ORDINANCE NO. 4851 eii 11) m m CD w 0 " g ail m cm 5' r mv C 0 00 E 53 W CD m c 2' m a ar .a 0 CD N 'v -11 r m n D —i rill 0 z al iii di TYPE OF APPLICATION/ m r PERMIT 'p as 00 N Demolition c Grading/Fill la Manufactured Home in Manufactured Home Park iii Manufactured Home Outside of Manufactured Home Park Multi- ili Fam i ly/Commercial/lndustr ial New or Additions FCommercial/Industrial r Interior RemodelPool/Spa al IT Sign Single Family/Duplex New _- or Additions Single Family/Multi-Family j Interior Remodel ‘... ORDINANCE NO. 4851 ONO Table 4-8-120B Legend a. Required for any alteration of exterior of(heated)building envelope. b. When required by Section 1804(Foundations and Retaining Walls)of the UBC. c. Required for installation of a new furnace or a replacement of greater size. d. Not required for pools/spas/hot tubs to be installed within an existing building. e. Required for structural changes only. .�. f. Required for food service establishments only. g. Required only for public pools/spas/hot tubs(not required for single family or duplex pools/spas/hot tubs). h. Required for duplexes only. i. Required for other than conventional construction. j. Required only if trade-off option is being used for compliance. k. For multi-family, one per building. I. Not required for additions. m. Not required for multi-family projects. n. For restaurants and any construction project involving work in the right-of-way, four(4)copies are required. (Ord. 4587, 3-18-1996;Amd. Ord. 4773, 3-22-1999) The number of copies(if any)is indicated in each column unless waived by the Development Services Division 'Editor's Note: This table has been split into 2 tables for display purposes. See printed volume for full table.TABLE 4-8-120C IMP ca..o A ORDINANCE NO. 4851 } • ATTACHMENT D Table 4-8-120.0 as wr 1116 am a m a 99 a •"' . *r" ORDINANCE NO. 4851 Now, , C C o2 2 m' o rbJ a ya '7' as o �s 8 t7 ° 73 C7 i a 7 P tA ' n: rn $ ' '.. m- on M t .d• 5 D1' o c o C li 2C o o d xZ C g a. 0 - ° o' rn -1 1.1 05. on, a0om• ap .-• ' a () ,A a5 >0g - c ,, oop 5 0 r —i Cc- o r m n = 'T c " CD , rn cn rip n 0 TYPE OF APPLICATION/ wr „v' cl"cr p, = -I' PERMIT _ Annexation(10%Notice of c., Intent) +rr x w Annexation(60%Petition) WINx Appeal Business License for Home .-. x Occupation 1til 11110 Comp.Plan Map 1. x Amendment/Rezone pp N O ®' x Comp.Plan Text Amendment (') Conditional Approval Permit '17 Po for a Nonconforming Structure rr Conditional Approval Permit for a Nonconforming Use Conditional Use Permit 00 -P A s x ut (Administrative) Conditional Use Permit v, x i.n (Hearing Examiner) .r ' v, x v, Environmental Review Environmental Review(Non- sop x Project) v' `-, x Grade and Fill Permit(Special) 4.0 Kennel License 111" Kennel License,Hobby w x Lot Line Adjustment r A A 4 VI Master Site Plan (Overall) •P -1 u, — Master Site Plan 1110 (Individual Phases) WO 401, 100 ORDINANCE NO. 4851 illi an `a" O O� O O ' '.om O y_ n ti 5 '� x g" 0 `11 8 t�7_ 8 X g r_- (�mD y y M H Iiii CD ram.,i r.. nG cro c �aia n G � � '. 0 a' i'abrr � o fD 0 0 Et o. z O rn `cl 'tiy . 00 EC. rJ r�`o �' t.g ..y o CD �° a ?r rD m• o r TYPE OF APPLICATION/ o m o d a a n ,.. o io a a PERMIT Ili Annexation(10%Notice of Intent) Ili 4+ Annexation(60%Petition) Appeal NM Business License for Home Occupation) Comp.Plan Map Ili Is.) "' "' N Amendment/Rezone N N Comp.Plan Text Amendment a Conditional Approval Permit "' v' "' for a Nonconforming Structure Conditional Approval Permit 1118 "' `" "' for a Nonconforming Use Conditional Use Permit N " w llt " N "' " N •A N ;' (Administrative) Conditional Use Permit N cN, "' N " N N "' (Hearing Examiner) a N " " t.) " "' t.� •r tn) 4' (." Environmental Review _ Environmental Review(Non- " Project) Ili is.) tat N t.t' Grade and Fill Permit(Special) a Kennel License Kennel License,Hobby a "' "' t.'' A Lot Line Adjustment LA a N N N N Master Site Plan (Overall) vl LA cn v' .P v, Master Site Plan N N N N ts.) (Individual Phases) 10 a la MB vow ORDINANCE NO. 4851 ..... m n4oKr g r4. org .-3c,) r 'u verrxrr � rc? r ,,r '' •E 'v lQ O m ° v n' lD O rD rD •' to lD p lD fD o. 0' fD O (Pe G rp "I c m c- rs . r. w x�* '" A (gyp � , �, - a g z r. ID c D o tx7 =; `d `; M M F+ rD a N �i �! Q W rr D .. w 0 2y 5 tom-• 5 - o '� a, t� F aQ g C+i O C7 d v a w o t m C 1 r . V a 0 g. 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N (Individual Phases) •r 01110 ORDINANCE NO. 4851 o oo 'El o w a m $ `5 oo o m C Ba cIQ1 o o• UI CD Itd $ I A 'rs 'rs 'd 0. , 'xi ^ m Z rnIii w- ° r o �J g m F2•trio . p .xj Cs.) N CD 413 '17 m .+, r•. C '.3 V. ��.- O to a, � N m' o tiro 0 ~ iso o. 5 0 oTYPE OF APPLICATION/ 0 o PERMIT Ili Annexation(10%Notice of w x w Intent) iig w x w w Annexation(60%Petition) Appeal ili Business License for Home x .r Occupation) _ Comp.Plan Map it N- "' x N N Amendment/Rezone N is.) LAN Comp.Plan Text Amendment 1101 Conditional Approval Permit "' "' x '— " "' "' for a Nonconforming Structure , Conditional Approval Permit Ili "' Ut x "' "' "' for a Nonconforming Use _ Conditional Use Permit IQ Lt. x .-• ? ", N N "A (Administrative) iiii _ _ Conditional Use Permit U N "� x A "A N N "' (Heating Examiner) Ili N "' x '--' "' "' is.) is.) "' Environmental Review _ _ _ Environmental Review(Non- 2 is.) 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N N Short Plat,Preliminary .y. .A Short Plat,Final N U, U, N u, LA N A r Site Plan v, v v, v, .A I.) N N Special Permit ma v, v, N Temporary Use Permit .-� v, u, .-) v, VI NMI O N Variance Waiver U u U V - N N N Wetland Permit `lie ORDINANCE NO. 4851 arn i rir � Frnynr 'ts (' rrrrm rnrr ii r D gm o 5' 5' �d F 'ti(IQ O . tS p °p g. P' p `n' Z m iii to o F,' o " T - i p 41 ~ o o o N C ° o TYPE OF APPLICATION/ n '' ~+ ' PERMIT Ili N N N N v, Mobile Home Park, Preliminary Ilif N N Mobile Home Park,Final Modification/Alternate Request lii v, N Plat,Final a Is.) N ut N N Plat,Preliminary N N N N ti II PUD,Preliminary v, N "'1 PUD,Final _ to to N N Rezone — Routine Vegetation al Management Permit .P A Shoreline Exemption ill N N N N v, Shoreline Substantial Development Permit N N N N v, Shoreline Conditional Use iiiii Permit N N N t'J Shoreline Variance Iris N N N N Short Plat,Preliminary N II Short Plat,Final N N N N v, Site Plan If N N N u N Special Permit Ili t, N N v, u, Temporary Use Permit r IQ N O p Variance ili Waiver Ileto toN Wetland Permit i ,. �,,,,,, ORDINANCE NO. 4 8 51 .s,. m cnxfcn 'a :n zr '� 7, b -ob d -vb br �vcn cfp � E, ° G a o coo cr �. o = o o, c`'o m -. $ ..- n 0 o a ?no C D Co o" m CgDOQ •, o n a O a n I O to - rr OM �a CD 438. m ry l9 " o o „ i Z 0 rail . m. o s o ; r. ro �. o n•& -. g 'o Cl)Z IN0 ajc a CD c ,o", TYPE OF APPLICATION/ *" n 0 PERMIT N t.nX -r cn N N Mobile Home Park, Preliminary w. — N N — — N Mobile Home Park,Final N Modification/Altemate . rn Request N 41. -r LA -- Plat,Final -r N N Plat,Preliminary Mir N VI X — N PUD,Preliminary N X — to A -- PUD,Final VIM VI -r N N Rezone ,,,, -- --, X —, -- Routine Vegetation Management Permit .a —, Shoreline Exemption N N U X --` U.. N Shoreline Substantial Development Permit + N LA x -r v, N Shoreline Conditional Use Permit LA X --4 LA N N .. Shoreline Variance VI X -� N N Short Plat,Preliminary Short Plat,Final N N LA X ~ u N . Site Plan X v, --• LAN N Special Permit .r to to X to Temporary Use Permit �, X -� 0�, o Variance LA Waiver x — Wetland Permit ... ORDINANCE NO. 4851 ,> nyy8 yn � � nb � btd � 48, � 4> 4c � . c � to n c p �Y '8 �S ' i ' a o cc o 0 0 0 rrn Cco W -12 a 5 oco � va 7a " g g. u am, b z � D Dr dfib w oaa.� • aE o <So E ° b ° 'IQ5'(IQ (IQ b co to �° b • TYPE OF APPLICATION/ n �» E o PERMIT N � � Mobile Home Park, Preliminary Mobile Home Park,Final Modification/Altemate Request Plat,Final P (11 i Plat,Preliminary L N PUD,Preliminary PUD,Final •A Rezone N41. Routine Vegetation Management Permit Shoreline Exemption u N LA Shoreline Substantial Development Permit �^ N Shoreline Conditional Use Permit Shoreline Variance N N Short Plat,Preliminary Short Plat,Final — tatN N N 00 Site Plan L tv Special Permit v, v, 41. v, a Temporary Use Permit LA v, N �p Variance Waiver N N Wetland Permit """ ORDINANCE NO. 4851 ran Cl) toc D P c� zv—Di c.r O rn z rn C TYPE OF APPLICATION/ +rr n PERMIT Mobile Home Park, Preliminary Mobile Home Park,Final Modification/Altemate Request Plat,Final +rr Plat,Preliminary PUD,Preliminary PUD,Final a.. Rezone Routine Vegetation Management Permit Shoreline Exemption Shoreline Substantial Development Permit +� Shoreline Conditional Use Permit WNWShoreline Variance Short Plat,Preliminary Short Plat,Final Site Plan Special Permit Temporary Use Permit 4111110 Variance Waiver Wetland Permit ..r i ORDINANCE NO. 4851 so • Yo 00 0 d rn (-^ '••n 2 o o 4, rw �N+ .-' ..-i Q'IS O- N E., - N co '8 N a g C C P (D `C a, .., ,�0..y `G ..I w y (D - 0 CD C 0 to 0 00 . ry [B n O g. P it 0 �• fD fD n (o Ki' tD R rf ri' �p ,--' r CD- o m w , 0 (~D o. O" o N ON W N O O ,ra aq F�• 6, E' 0 a O• t • mt cA• ° uiI. rt I to o 5G eo �. p m '� I.,3 ~, A, r• (�i•• E coo O 0 y .sy cpw „0 ERR m (� t� '7 Q• N „N,� ,O'-'y ., A' N (r, (CD ,�1 W .. o m O 8 (ry� Ca' E " ail to I o a cCD a o C� IIII Y I. 0 CD 0 CD 0 p ( W iii EL iii V r. i CD • O CD .0 CrDID 7 CDCD (1 ate . o • St cn ✓• r. w g p ", CD P ° w B o 5' o co �. OC 012 - to Cgai'D. ▪ _ yo Nn cA G A k a n p CD v, p .,.,0 i. N. r. m ff m O o• m� p� a ,5 a n O �, �i"' O n w' r� �' R. p' O a0 O co b.• CD v 1 0 O oil si liii ili iii ORDINANCE NO. 4 8 51 ATTACHMENT E Legal description of Aquifer Protection Areas for City of Renton 111110 NMI SOO YIN AMP 100 8-8 8-8 1110 ORDINANCE NO. 4851 r EXHIBIT 3 Thence easterly along the north 1/4 section line of the southwest 1/4 of Section 16, Township 23 LEGAL DESCRIPTION OF ZONE 1 WELL North, Range 5 East, of the W.M. Approximately FIELD AQUIFER PROTECTION AREA(APA) 1,990 feet to the centerline of the northeast 1/4 of IN THE CITY OF RENTON (KING COUNTY), the southwest 1/4 of the said section, 106 WA rril Thence southerly along said centerline and the Descriptions are based on information from the prolongation of said line approximately 2,200 feet King County assessor maps. to the intersection with the centerline of the Burl- ington Northern Railroad right-of-way, 107 wii The APA Zone 1 boundary line is within the Zone 2 APA boundary and matches a portion of the west- Thence westerly along said railroad centerline erly Zone 2 boundary line from Point 37 through approximately 3,480 feet to the intersection with Point 49 (see legal description of Zone 2 APA the east 1/4, 1/4 section line of the southwest 1/4 of iii boundary). the southeast 1/4 of Section 17, Township 23 North,Range 5 East, of the W.M., ios The description of the Zone 1 boundary line start- j ing at Point No. 37 at the northerly side of the Thence southerly along said 1/4, 1/4 section line Zone 1 area, and ending at Point 49 at the south- approximately 1,070 feet to the intersection with erly side of the Zone 1 area is as follows: the south section line of Section 17, Township 23 North, Range 5 East, of the W.M., 109 Nil Beginning at the intersection of the north section line of Section 17, Township 23 North, Range 5 Thence westerly along said section line approxi- East, of the W.M. and the centerline of Garden mately 1,330 feet to the intersection with the west Avenue N., 37 1/4 section line of the southeast 1/4 of Section 17, Township 23 North, Range 5 East, of the W.M., 110 Thence easterly along said section line approxi- mately 1,350 feet to the intersection with the cen- Thence northerly along said 1/4 section line terline of N. 3rd Place, 10o approximately 1,320 feet to the intersection with the established line N. LN. H.H. Tobin D.C. #37, Thence southeasterly along the said road center- 111 line approximately 730 feet to the intersection a with the centerline of N.E. 3rd Street, ioi Thence westerly along said established line approximately 594 feet to an established angle Thence east-southeasterly along said road center- point, 112 line approximately 1,100 feet to the intersection with the centerline of Monterey Drive N.E., 102 Thence northerly along said established line approximately 1,000 feet to the intersection with Thence southerly and thence easterly along said the centerline of the Burlington Northern Railroad ei road centerline approximately 1,400 feet to the right-of-way, 113 intersection with the east 1/4, 1/4 section line of the southwest 1/4 of the northeast 1/4 of Section Thence westerly along said railroad right-of-way 17, Township 23 North, Range 5 East, of the W.M. approximately 450 feet to the intersection with the ii 103 centerline of the Prim. State Hwy. No. 1 right-of- way, 114 Thence southerly along said 1/4, 1/4 section line approximately 380 feet to the intersection of the Thence southwesterly along said right-of-way cen- iiii north 1/4 section line of the southeast 1/4 of Sec- terline to the intersection with the centerline of S. tion 17, Township 23 North, Range 5 East, of the 4th Street.49 W.M., 104 1111 For continuation of the Zone 1 APA boundary from Thence easterly along said 1/4 section line approx- Points 49 through 37 see the legal description imately 1,320 feet to the northeast corner of the between said points for the Zone 2 APA boundary. southeast 1/4 section of Section 17, Township 23 ail North, Range 5 East, of the W.M., 105 a 997 at City of Renton a ti 8-8 8-8 '— ORDINANCE NO. 4851 LEGAL DESCRIPTION OF ZONE 2 WELL Thence southerly approximately 690 feet to the FIELD AQUIFER PROTECTION AREA(APA) intersection of 100th Avenue S.E. and S.E. 96th IN THE CITY OF RENTON (KING COUNTY), Street, which is the Northwest corner of Section 5, WA Township 23 North,Range 5 East, of the W.M., 9 Descriptions are based on information from the Thence southerly along the west line of said sec- King County assessor maps. tion approximately 410 feet to the intersection with a survey traverse line within the Northern .. The APA boundary line joins the City of Renton Pacific Railroad Right-of-Way, 10 existing corporate limits line at the northerly and southerly sides of the APA Zone 2 area. The east- Thence S 45-20-57 E., 896.84 feet along said erly APA boundary line is the existing City of traverse line to an angle point, 10A �.. Renton corporate limits line. The westerly APA boundary line is described as follows: Thence S 18-37-12E, 3,331.10 feet along same said traverse line to an angle point, 10B Beginning at the northeast corner of the southeast 1/4 of Section 32, Township 24 North, Range 5 Thence S 6-07-12 W., 768.72 feet along said East, of the W.M., which is at the intersection of traverse line where it intersects with the south 1/4 S.E. 88th Street and 116th Avenue S.E. point of section line of the Southwest 1/4 section of Section beginning, 5, Township 23 North, Range 5 East of the W.M., 11 Thence westerly along the north 1/4 section line approximately 1,180 feet to the intersection with Thence easterly approximately 894 feet to the the current City of Renton Corporate Limits Line, southeast corner of said 1J4 section, which is also 1 (Start of Zone 2 Legal description boundary) the intersection of 108th Avenue S.E. and N.E. 12th Street, 12 Thence westerly along said 1/4 section line approx- "` imately 1,440 feet to the northwest corner of the Thence easterly approximately 1,320 feet to the southeast 1/4 of Section 32, Township 24 North, intersection of N.E. 12th Street and 112th Avenue Range 5 East, of the W.M., 2 S.E. (Aberdeen Avenue N.E.). 13 Thence southerly along centerline of said section Thence southerly along Aberdeen Avenue N.E. approximately 670 feet to the intersection with the approximately 610 feet to the centerline of N.E. easterly prolongation of the centerline of S.E. 90th Park Drive, 14 "•• Street, 3 Thence easterly along N.E. Park Drive approxi- Thence westerly along said prolongation line mately 1,540 feet to the intersection of Edmonds approximately 600 feet to the intersection of S.E. Avenue N.E., 14a 90th Street and 106th Avenue S.E., 4 Thence southeasterly along N.E. Park Drive, Thence southerly approximately 660 feet to the approximately 610 feet to the intersection of the intersection of 106th Avenue S.E. and S.E. 92nd east-west 1/4 section centerline of the Northwest Street. 5 1/4 section of Section 9,Township 23 North,Range 5 East, of the W.M., 15 Thence westerly approximately 680 feet to the ... intersection of S.E. 92nd Street and 104th Avenue Thence easterly along said 1/4 section centerline S.E., 6 approximately 2,190 feet to the intersection of the North-South centerline of Section 9, Township 23 Thence southerly approximately 650 feet to the North, Range 5 East of the W.M. (Monroe Avenue intersection of 104th Avenue S.E. and S.E. 94th N.E.), 16 Street, 7 Thence southerly along said section centerline Thence westerly approximately 1,290 feet to the (Monroe Avenue N.E.) approximately 330 feet to intersection of S.E. 94th Street and 100th Avenue the intersection of Monroe Avenue N.E. and N.E. S.E., 8 10th Street, 17 S 997 City of Renton 8-8 8-8 ORDINANCE NO. 4851 r Thence easterly along N.E. 10th Street approxi- intersection with the centerline of Jefferson Ave- mately 660 feet to the intersection of N.E. 10th nue N.E., 31 Street and Olympia Avenue N.E., 18 Thence southerly along said road centerline Thence southerly along said road centerline approximately 260 feet to the intersection with the approximately 250 feet to the intersection with the centerline of N.E. 4th Street and the south section centerline of N.E. 9th Street, 19 line of Section 9, Township 23 North, Range 5 East, of the W.M., 32 Thence easterly along said road centerline approx- imately 260 feet to the intersection with the cen- Thence westerly along said section line approxi- terline of Pierce Avenue N.E., 20 mately 1,660 feet to the intersection with the cen- terline of Edmonds Avenue N.E. and the Thence southerly along said road centerline southwest corner of Section 9,Township 23 North, j approximately 620 feet to the intersection with the Range 5 East, of the W.M., 33 centerline of N.E. 8th Street, 21 Thence westerly along the south section line of Thence easterly along said road centerline approx- Section 8,Township 23 North, Range 5 East,of the imately 400 feet to the intersection with the cen- W.M. approximately 700 feet to the intersection terline of Queen Avenue N.E., 22 with the easterly right-of-way line of the Puget Sound Power & Light Co. transmission line right- Thence southerly along said road centerline of-way, 34 approximately 470 feet to the intersection with the centerline of N.E. 7th Street, 23 Thence northwesterly along said right-of-way line approximately 1,450 feet to the intersection with Thence easterly along said road centerline approx- the north line of the south 30 feet of the north half imately 160 feet to the intersection with the cen- of the southeast quarter of Section 8, Township 23 terline of Redmond Avenue N.E., 24 North, Range 5 East,W.M., 35 Thence southeasterly and then southerly along Thence westerly, along said north line, approxi- said road centerline approximately 740 feet to the mately 900.00 feet; 35A intersection with the centerline of N.E. 6th Place, sti 25 Thence southerly at right angles to the previous mentioned course, approximately 496 feet to the Thence westerly along said road centerline intersection with the southwesterly margin of the approximately 260 feet to the intersection with the Burlington Northern Spur Line;36 centerline of Queen Avenue N.E.,26 Thence southwesterly approximately 1,347 feet to Thence southerly along said road centerline the intersection of the centerline of N. 4th Street approximately 260 feet to the intersection with the with the centerline of vacated Meadow Street;37 nlli centerline of N.E. 6th Street, 27 Thence westerly along the centerline of said N.4th Thence westerly along said road centerline Street approximately 282 feet to the intersection approximately 1,320 feet to the intersection with with the centerline of Garden Avenue N.;37A the centerline of Monroe Avenue N.E.,28 Thence westerly along said road centerline Thence southerly along said road centerline approximately 730 feet to the intersection with the approximately 500 feet to the intersection with the centerline of Pelly Avenue N., 38 centerline of N.E. 5th St., 29 Thence southerly along said road centerline Thence westerly along said road centerline approximately 670 feet, to the intersection with rI approximately 320 feet to the intersection with the the centerline of N. 3rd Street, 39 centerline of"L"Street, 30 Thence westerly along said road centerline Thence southerly and then westerly along said approximately 270 feet to the intersection with the road centerline approximately 1,000 feet to the centerline of Wells Avenue N., 40 a 997 City of Renton o 8-8 8-8 ORDINANCE NO. 4851 Thence northwesterly along N. 3rd Street center- tion 20, Township 23 North, Range 5 East, of the line approximately 370 feet to the intersection W.M., 53 with the centerline of Williams Avenue N., 41 Thence westerly along the south section line of Thence southerly along said road centerline said section approximately 720 feet to the intersec- approximately 620 feet to the intersection with the tion with the centerline of 14th Avenue S.E. and centerline of N. 1st Street, 42 the end of the westerly APA boundary. 54 Thence northwesterly along said road centerline approximately 20 feet to the intersection with the centerline of Williams Avenue N., 43 Thence southwesterly along said road centerline approximately 470 feet to the intersection with the southwesterly right-of-way line of the Cedar River waterway,44 Thence southerly along Williams Ave. approxi- mately 1,040 ft. to the intersection with the center- line of S. 2nd Street, 45 Thence southerly along Williams Ave. approxi- mately 560 feet to the intersection with the center- line of S. 3rd Street, 46 Thence easterly along said road centerline approx- imately 600 feet to the intersection with the cen- t,,., terline of Main Avenue S., 47 Thence southerly along said road centerline approximately 560 feet to the intersection with the "" centerline of S. 4th Street, 48 Thence easterly along said road centerline approx- imately 190 feet to the intersection with the cen- terline of the Prim. State Hwy. No. 1 right-of-way, 49 tal Thence easterly along S. 4th Street centerline approximately 480 feet to the intersection of the centerline of the Cedar River pipe line right-of- way, 50 Thence southeasterly along said right-of-way approximately 1,950 feet to the intersection with the south section line of Section 17, Township 23 North,Range 5 East, of the W.M., 51 Thence southeasterly along said right-of-way N.. approximately 3,900 feet to the intersection With the east section line of Section 20, Township 23 North,Range 5 East, of the W.M., 52 tali Thence southerly along said section line approxi- mately 2,370 feet to the southeast corner of Sec- 999 City of Renton r. (K7) i7/6-/ CRITICAL AREAS ORDINANCE ORDINANCF NO . 4835 Adopted: 3/27/2000 Effective: 4/30/2000 �Y �. N1 Ordinance No. 4835 amends the following Ordinances: 2820 3463 3849 3891 4071 4219 4236 4346 4351 4352 4404 4478 4527 4538 4587 4648 - 4722 4723 a CITY OF RENTON, WASHINGTON ORDINANCE NO. 4835 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE 4 (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO THE CRITICAL AREAS ORDINANCE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS ... FOLLOWS: SECTION I. Section 1-3-1 of Chapter 3, General Penalty, of Title I (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding subsection E which reads as follows: E. PENALTIES FOR VIOLATION OF CRITICAL AREA ... REGULATIONS. 1. Misdemeanor and Penalties for Conviction—Geologic Hazards, Habitat ---'' Conservation, and Wetlands: It shall be unlawful for any person, firm, or corporation to violate any applicable provisions of RMC 4-3-050, Critical Areas Regulations. Any person, firm or corporation violating - any of the applicable provisions of RMC 4-3-050 shall upon conviction be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof ^� during which any violation of any of the applicable provisions of RMC 4-3-050 is committed, continued or permitted; and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than ninety(90) days, or by both such fine and imprisonment. 2. Misdemeanor and Penalties for Conviction — Flood Hazard Areas: It shall be unlawful for any person, firm, or corporation to violate any applicable provisions of RMC 4-3-050. Any person, firm or corporation violating any of the applicable provisions of RMC 4-3-050 (including violations of conditions and safeguards established in connection with conditions) shall upon conviction be guilty of a misdemeanor. Any person who violates applicable provisions of RMC 4-3-050, Critical Areas Regulations, or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than one hundred eighty (180) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein 1 ORDINANCE NO. 4835 contained shall prevent the City of Renton from taking such other lawful action as is necessary to prevent or remedy any violation. 3. Misdemeanor and Penalties for Conviction — Aquifer Protection [Reserved]. 4. Misdemeanor and Penalties for Conviction — Non-Shoreline Master Program Streams and Lakes [Reserved]. Ali 5. Civil Penalties: Civil penalties as prescribed by RMC 1-3-2.C. (4), (11), (13), (14), (15) and (16)or any other method allowed by law, may be used by the City for any violations of RMC 4-3-050, Critical Areas Regulations. 6. Violations Declared Nuisance: Any violations of the provisions of RMC 4-3-050, Critical Areas Regulations shall be, and the same is declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action fig hereunder, commence an action or actions, for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps as and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such violation and restrain and enjoin any person, entity, business, corporation or partnership from continuing or maintaining such violations contrary to the provisions of RMC 4-3-050. 7. Tests: ' Nowa a. Whenever there is insufficient evidence of compliance with any of the provisions of RMC 4-3-050, Critical Areas Regulations, or evidence that any action does not conform to the requirements of RMC 4-3-050, the Department Director may require tests as proof of compliance to be made at no expense to this jurisdiction. b. Test methods shall be as specified by RMC 4-3-050, Critical Areas Regulations, or by other recognized and accepted test standards. If there are no recognized and accepted test methods for the proposed alternate, the Department Director shall determine test procedures. SECTION II. Section 1-3-2.e of Chapter 3, General Penalty, of Title I • (Administrative), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: e. Title IV: All sections, with the exception of the following sections, which are subject to general penalties under RMC 1-3- 1: (1) National Electrical Code: RMC 4-5-040. y 2 bttDINANCE NO. 4835 (2) Those sections of "Standards and Review Criteria for Keeping Animals" relating to care, maintenance and individual licensing: RMC 4-4-010. Violations of regulations limiting the type or number of animals are subject to civil penalties. (3) Fire Prevention And Uniform Fire Code Regulations: RMC 4-5-070. (4) Flood Hazard Area Regulations: RMC 4-3-050.I. (5) Garage Sale Regulations: RMC 4-4-050. (6) Landscaping Requirements: RMC 4-4-070. (7) Mobile Park Regulations: RMC 4-9-110. (8) Shoreline Master Program Regulations: RMC 4-3-080 •.• and RMC 4-3-050.L. (9) Subdivision Regulations: Chapter 4-7. .. (10) Utility Regulations: Chapter 4-6. (11) Wetlands: RMC 4-3-050.M. Violations of wetland provisions are also subject to the nuisance penalties under RMC 1-3-3. (12) Provisions Of The City's Environmental Review IMMO Procedures: RMC 4-9-070. Violations of these provisions are also subject to the nuisance penalties under Chapter 8-8. (13) Aquifer Protection Regulations RMC 4-3-050.H.: [Reserved]. „ (14) Geologic Hazards Regulations: RMC 4-3-050.J. (15) Non-Shoreline Master Program Regulated Streams and Lakes Regulations: RMC 4-3-050.L. [Reserved]. (16) Habitat Conservation Regulations: RMC 4-3-050.K. (17) Other Provisions of the Critical Areas Regulation: RMC 4-3-050. SECTION III. Section 4-1-050.A.1 of Chapter 1, Administration and Enforcement, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 1. Authority: The Planning/Building/Public Works Administrator or his or her designee shall review and act on the following: 3 too ORDINANCE NO. 4 8 3 5 a. Aquifer protection regulation waivers and modifications, mi Niiiii b. Building and grading permits, c. Conditional approval permits for nonconforming structures, iii d. Conditional use permit, administrative, e. Development permit—special flood hazard, ii f. Modifications of the number of required parking stalls and the requirements of the parking, loading and driveway regulations, a g. Interpretation of flood insurance rate map boundaries, h. Lot line adjustments, ii i. Master site plan review(individual phases), j. Minor modifications to previously approved site plan, di k. Modifications to development standards in the Centers Residential Demonstration Overlay District, 1. Modifications of storm drainage requirements, ri m. Modification of Geologic Hazard Regulations for man-made slopes, Iii n. Modifications/waivers of sewer code requirements, o. Public art exemption certificate, 'IL NSW p. Review of business licenses for home occupations, q. Critical Areas Regulation administrative allowances and determinations per RMC 4-3-050.D.1, General Provisions — All mu Critical Areas, and Critical Areas Regulation Variances per RMC 4-9-250.B., Variance Procedures. di r. Routine vegetation management permits, s. Shoreline exemptions, a' t. Shoreline permits, u. Short plats—four (4)or less, v. Site plan approval, administrative, 5 iii w. Temporary emergency wetland permits, x. Temporary use permits, y. Variances—Administrative pursuant to RMC 4-9-250.B.1.c, z. Waivers of right-of-way dedication for plat. a' SECTION IV. Subsection 4-1-050.F.p of Chapter 1, Administration and Enforcement, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of *14109 iiii di 1l'I DINANCE NO. 4835 General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: p. Variances from the Critical Area Regulations listed in RMC 4-9-250.B.1. SECTION V. Section 4-1-050.F of Chapter 1, Administration and Enforcement, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by deleting subsection g and renumbering the remaining sections. SECTION VI. Subsection 4-1-090 of Chapter 1, Administration and Enforcement, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of ... General Ordinances of the City of Renton, Washington" is hereby amended by adding section C which reads as follows: C. DISCLAIMER OF LIABILITY: The degree of hazard protection required by RMC 4-3-050, Critical Areas Regulations, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. RMC 4-3-050 does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. RMC 4-3-050 shall not create liability on the part of the City, any officer or employee thereof for damages that result from reliance on this section or any administrative decision lawfully made hereunder. AIM SECTION VII. Section 4-3-050 of Chapter 3, Environmental Regulations and -• Special Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read a as follows: •- 4-3-050 CRITICAL AREAS REGULATIONS 13 A. PURPOSE 13 1. General 2. Aquifer Protection [Reserved] 3. Flood Hazards 4. Geologic Hazards 5. Habitat Conservation 6. Shorelines, Streams and Lakes [Reserved] r 7. Wetlands 5 4110 ORDINANCE NO, 4 8 3 5r i ,sue B. APPLICABILITY: CRITICAL AREAS DESIGNATIONS/MAPPING 15 1. Lands to Which These Regulations Apply 2. Aquifer Protection [Reserved] 3. Flood Hazards a. Applicability b. Areas of Special Flood Hazard c. Mapping and Documentation 4. Geologic Hazards a. Applicability b. Steep Slopes (1) Steep Slope Delineation Procedure (2) Steep Slope Types c. Landslide Hazards (1) Low Landslide Hazard (LL) (2) Medium Landslide Hazard (LM) (3) High Landslide Hazards (LH) (4) Very High Landslide Hazards(LV) d. Erosion Hazards (1) Low Erosion Hazard (EL) (2) High Erosion Hazard (EH) e. Seismic Hazards (1) Low Seismic Hazard (SL) (2) High Seismic Hazard (SH) v; f. Coal Mine Hazards (1) Low Coal Mine Hazards (CL) (2) Medium Coal Mine Hazards(CM) (3) High Coal Mine Hazard (CH) g. Mapping 5. Habitat Conservation a. Applicability b. Critical Habitat c. Mapping 6. Shorelines, Streams and Lakes [Reserved] a. Applicability [Reserved] b. Definitions [Reserved] c. Mapping [Reserved] 7. Wetlands =- a. Applicability b. Classification System (1) Category 1: Very High Quality Wetlands (2) Category 2: High Quality Wetlands (3) Category 3: Lower Quality Wetlands c. Maps and Inventory d. Delineation of Wetland Edge e. Regulated and Non-Regulated Wetlands 6 a VINO 1T DINANCE NO. 4835 C. APPLICABILITY: EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES 20 1. Applicability a. General b. Aquifer Protection [Reserved] c. Shorelines, Streams and Lakes: [Reserved] 2. Permit Required 3. Finding of Conformance Required 4. Letter of Exemption a. When Required (1) Flood Hazards, Geologic Hazards, Habitat Conservation, and (2) Wetlands (3) Aquifer Protection[Reserved] (4) Shorelines, Streams and Lakes [Reserved] b. Applicability of Section Requirements to Exempt Activities c. Administrator Findings 5. Specific Exemptions—Table a. Conservation, Enhancement,Education and Related Activities b. Research and Site Investigation c. Agricultural, Harvesting, Vegetative Management d. Surface Water e. Roads, Parks, and Public Utilities f. Wetland Disturbance, Modification and Removal g. Maintenance and Construction—Existing Uses and Facilities h. Emergency Activities i. Activities in Critical Area Buffers 6. Prohibited Activities a. General- All Critical Areas b. Prohibited Activities—Flooding c. Prohibited Activities—Shorelines, Streams and Lakes [Reserved] d. Prohibited Activities—Wetlands 7. Temporary Emergency Exemption Procedure a. Temporary Emergency Exemption Purpose b. Temporary Emergency Exemption Review Authority and Decision Criteria W.. c. Temporary Emergency Exemption Letter Process and Timing (1) Time Limits (2) Restoration Required (3) Public Notice Required (4) Expiration of Exemption Authorization 8. Non-Conforming Activities or Structures D. ADMINISTRATION AND INTERPRETATION 30 1. General Provisions—All Critical Areas a. Duties of Administrator b. Interpretation c. Compliance d. Review Official 7 •iF} *r' ORDINANCE NO. 4 8 3 5 1 2. Aquifer Protection [Reserved] err 3. Flood Hazards *4419 a. Duties and Responsibilities of the Department Administrator or -44 Designee b. Information to Be Obtained and Maintained (1) Record Required (2) Elevations and Certificates (3) Public Records c. Alteration of Watercourses (1) Notice Required (2) Maintenance d. Interpretation of Firm Boundaries e. Record Required 4. Review Authority a. Review Authority—General b. Review Authority- Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands (1) Geologic Hazards (2) Habitat Conservation di (3) Shorelines, Streams and Lakes [Reserved] (4) Wetlands 5. Authority to Approve, Condition and Deny- General 6. Authority to Approve, Condition and Deny—Shorelines, Streams and Lakes [Reserved] E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS 34 1. Performance Standards 2. Protection of Critical Area 3. Allowed Alterations F. SUBMITTAL REQUIREMENTS AND FEES 34 1. Applicability 2. Pre-application Consultation 3. Plans Required 4. Submittal Requirements 5. Fees 6. Waiver of Submittal or Procedural Requirements G. NATIVE GROWTH PROTECTION AREAS 35 1. When Required 2. Standards 3. Method of Creation a. Conservation Easement b. Protective Easement c. Tract and Deed Restriction 4. Marking During Construction 5. Signage Required ' 6. Responsibility for Maintenance 7. Maintenance and Maintenance Note Required a 8 biZDINANCE NO. 4 8 3 5 H. AQUIFER PROTECTION [Reserved] 37 ',mow I. FLOOD HAZARDS 37 1. Applicability 2. General Standards a. Anchoring--All New Construction b. Anchoring--Manufactured Homes c. Construction Materials and Methods d. Utilities ... (1) Water (2) Sewer (3) Waste Disposal e. Subdivision Proposals f. Project Review (1) Building Permits (2) Land Use Applications 3. Specific Standards a. Residential Construction b. Manufactured Homes c. Nonresidential Construction 4. Additional Restrictions within Floodways .., a. Increase in Flood Levels Prohibited b. Residential Construction in Floodways 5. Compensatory Storage a. Compensatory Storage Required b. Additional Requirements- Springbrook Creek c. Determining Finished Floor Elevations According to FEMA J. GEOLOGIC HAZARDS 42 1. Applicability 2. Special Studies Required ""'` 3. Independent Secondary Review a. Required: Sensitive Slopes, and Medium, High, or Very High Landslide Hazards b. At City's Discretion: High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazard 4. Conditions of Approval— General 5. Protected Slopes a. Prohibited Development b. Exceptions c. Native Growth Protection Areas—Protected Slopes d. Conditions of Approval 6. Sensitive Slopes, Medium and High/and Very High Landslide Hazards, and High Erosion Hazards a. Erosion Control Plans b. Conditions of Approval c. On-site Inspections 9 ORDINANCE NO. 4835 a 7. Very High Landslide Hazards Air a. Development Restrictions 4.00 b. Buffer Requirement c. Native Growth Protection Area - Very High Landslide Hazards 8. Coal Mine Hazards a. Medium Hazard - Report Required b. High Hazard - Report Required c. Conditions of Approval (1) Additional Engineering Design and Remediation Specifications (2) Hazards Found During Construction S (3) Construction in Areas with Combustion K. HABITAT CONSERVATION 46 1. Applicability 2. Habitat Assessment Required 3. Native Growth Protection Areas 4. Alterations Require Mitigation 5. Mitigation Options a. On-Site Mitigation b. Off-Site Mitigation c. In-Kind Mitigation L. SHORELINES, STREAMS AND LAKES [Reserved] . 47 M. WETLANDS 47 1. Applicability a. Regulated and Non-Regulated Wetlands—General b. Non-Regulated Class 3 Wetlands 2. General Standards for Permit Approval 3. Study Required r' a. When Study Is Required (1) Wetland Classification `# (2) Wetland Delineation it b. Study Waived 4. Delineation of Regulatory Edge of Wetlands a. Methodology b. Delineations - Open Water c. Adjustments to Delineation by City d. Period of Validity for Wetland Delineation S (1) Within City Limits (2) Outside City Limits 5. Determination of Wetland Classification 6. Wetland Buffers a. Buffers Required s' b. Measurement of Buffers c. Standard Buffer Zone Widths d. Increased Wetland Buffer Zone Width e. Reduction of Buffer Width f. Averaging of Buffer Width Nei 7. Wetlands - Native Growth Protection Areas S 10 1IRDINANCE NO. 4835 a. Protection Area Required b. Establishment c. Fencing May Be Required 8. Wetland Changes - Alternative Methods of Development 9. Compensating For Wetlands Impacts a. Goal b. Plan Requirements c. Plan Performance Standards d. Acceptable Mitigation-Permanent Wetland Impacts e. Restoration, Creation, or Combined Enhancement Required - Compensation for Permanent Wetland Impacts f. Compensating for Temporary Wetland Impacts g. Mitigation Bank Agreement-Glacier Park Company 10. Wetlands Compensation--Restoration, Creation, and Enhancement 11. Wetlands Creation and Restoration a. Creation or Restoration Proposals b. Compliance with Goals c. Category d. Design Criteria e. Acreage Replacement Ratio f. Increased Creation/Restoration/Replacement) g. Decreased Creation/Restoration/Replacement Ratios h. Category 3 Replacement Option .. �.. i. Minimum Restoration/Creation Ratio 12. Wetland Enhancement a. Enhancement Proposals - Combined with Restoration and Creation b. Evaluation Criteria c. Wetlands Eligible for Enhancement d. Mitigation Ratios e. Ratio Modification and Minimum Restoration/Creation Ratio VIM 13. Out-of-Kind Replacement 14. Off-site Compensation a. When Permitted: b. Location c. Siting Recommendations d. Timing 15. Cooperative Wetland Compensation: Mitigation Banks or Special Area Management Programs (SAMP) a. Applicability b. Process c. Mitigation Banks ,.� d. Special Area Management Programs e. Compensation Payments to Mitigation Bank 16. Mitigation Plans -� a. Required for Restoration, Creation and Enhancement Projects b. Timing for Mitigation Plan Submittal and Commencement of any Work c. Content of Mitigation Plan 11 low ORDINANCE NO. 4835 17. Surety Devices aie a. Performance Surety Device Required (1) Amount of Performance Surety Device (2) Breach of Conditions (3) Release of Performance Security Device b. Maintenance Surety Device Required N. ALTERNATES, MODIFICATIONS AND VARIANCES 64 1. Alternates a. Applicability 2. Modifications a. Applicability (1) Aquifer Protection [Reserved] (2) Geologic Hazards- Modifications (3) Wetlands—Modifications 3. Variances: a. Aquifer Protection: [Reserved] b. Flood Hazards- Variances c. Geologic Hazards, Habitat Conservation, and Wetlands—Variance (1) Applicability (2) Variance Application Submittal (3) Review Authority d. Shorelines, Streams and Lakes—Variances [Reserved] O. APPEALS 66 1. General New 2. Record Required- Flood Hazards P. ASSESSMENT RELIEF—WETLANDS 66 1. City Assessments Q. VIOLATION AND PENALTIES.. 66 1. Enforcement Officer 2. Penalties for Violations S R. MAPS. 67 1. Aquifer Protection: [Reserved] 2. Flood Hazards 3. Geologic Hazards a. Coal Mine Hazards (1) Map (2) Mapping Criteria b. Erosion Hazards Ii (1) Map (2) Mapping Criteria c. Landslide Hazards (1) Map **11:41: (2) Mapping Criteria d. Seismic (1) Map (2) Mapping Criteria e. Steep Slopes 12 rt,(DINANCE NO. 4835 4. Shorelines, Streams and Lakes [Reserved] 5. Wetlands 4-3-050 CRITICAL AREAS REGULATIONS: A. PURPOSE: 1. General: The purposes of this section are to: a. Manage development activities to protect life, property, and environmental quality; and, b. Assist or further the implementation of the policies of the Growth Management Act, the State Environmental Policy Act, chapter 43.2IC RCW, City Comprehensive Plan, and its implementing regulations. 2. Aquifer Protection [Reserved] 3. Flood Hazards: It is the purpose of the flood hazard regulations to: a. Promote the public health, safety, and general welfare; and, b. Minimize public and private losses due to flood conditions in specific areas; and, c. Protect human life and health;and, d. Minimize expenditure of public money and costly flood control projects; and, WWI e. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general ... public; and, f. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and "' bridges located in areas of special flood hazard; and, g. Help maintain a stable tax base by providing for the sound use ,., and development of areas of special flood hazard so as to minimize future flood blight areas; and, h. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 4. Geologic Hazards: The purposes of the geologic hazard regulations are to: a. Minimize damage due to landslide, subsidence or erosion through the control of development; and, b. Protect the public against avoidable losses due to maintenance and replacement of public facilities, property damage, subsidy cost of public mitigation of avoidable impacts, and costs for public emergency rescue and relief operations; and, 13 iigio ORDINANCE NO. 4 8 35 ; , II 4 c. Reduce the risks to the City and its citizens from development 4111 :, occurring on unstable slopes;and, d. Control erosion and sediment run-off from development. ei 5. Habitat Conservation: The primary purpose of habitat conservation regulations is to minimize impacts to critical habitats and to restore and enhance degraded or lower quality habitat in order to: iii a. Maintain and promote diversity of species and habitat within the ;; City; and, NI b. Coordinate habitat protection with the City's open space system, whenever possible, to maintain and provide habitat connections; and c. Help maintain air and water quality, and control erosion; and 1 d. Serve as areas for recreation, education, scientific study, andiiii aesthetic appreciation. 6. Shorelines, Streams and Lakes: [Reserved) 1 7. Wetlands: The purposes of the wetland regulations are to: a. Ensure that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural Ili wetland functions and values; and b. Protect the public health, safety and welfare by minimizing and managing the adverse environmental impacts of development within and adjacent to wetlands; and c. Preserve, protect and restore wetlands by regulating iii development within them and around them; and d. Protect the public from: iiii (1) Preventable maintenance and replacement of public facilities needed when wetland functioning is impaired; and iiii (2) Costs associated with repair of downstream properties resulting from erosion and flooding due to the loss of iii water storage capacity provided by wetlands; and (3) Unnecessary costs for public emergency rescue and relief operations; and Ali (4) Potential litigation on improper construction practices ,. occurring in wetland areas; and di e. Provide City officials with information to evaluate, approve, condition or deny public or private development proposals;and 44 ii f. Prevent the loss of wetland acreage and functions and strive for a net gain over present conditions. a 14 1 a ... cicDINANCE NO. 4835 B. APPLICABILITY: CRITICAL AREAS DESIGNATIONS/MAPPING: 1. Lands to Which These Regulations Apply: The following Critical areas, classified in subsections B.2 through B.7 below, are regulated by this section: a. Aquifer Protection Areas. [Reserved] b. Areas of Special Flood Hazard. c. Sensitive Slopes, twenty five to forty percent (25-40%) and Protected Slopes, forty percent (40%)or greater. d. Medium, High, and Very High Landslide Hazard Areas. e. High Erosion Hazards. f. High Seismic Hazards. WNW g. Medium and High Coal Mine Hazards. h. Critical Habitats. Shorelines, Streams and Lakes. [Reserved] j. Wetlands, Categories 1, 2 and 3. 2. Aquifer Protection [Reserved] 3. Flood Hazards: a. Applicability: Flood hazard regulations shall apply to all areas of special flood hazards within the jurisdiction of the City. b. Areas of Special Flood Hazard: Areas of special flood hazard are defined as the land in the floodplain subject to one percent (1%) or greater chance of flooding in any given year. Designation on flood maps always include the letters A or V. c. Mapping and Documentation: The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the Flood Insurance Study for the City of Renton, dated September 29, 1989, and any subsequent revision, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this section. The flood insurance study is on file at the Planning/Building/Public Works Department. 4. Geologic Hazards: a. Applicability: The geologic hazard regulations apply to all non-exempt activities on sites containing steep slopes, landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified below or on sites within 50 feet of steep slopes, landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified below which are located on abutting or adjacent sites. 15 Nimoo ORDINANCE NO. 4835 b. Steep Slopes: (1) Steep Slope Delineation Procedure: The boundaries of a regulated steep critical or protected slope is determined to be in the location identified on the City of Renton's Steep Slope Atlas. An applicant's qualified professional may substitute boundaries independently derived from survey data for the City's consideration in determining the boundaries of critical or protected steep slopes. All topographic maps shall utilize 2-foot contour intervals or the standard utilized in the City of Renton Steep Slope Atlas. The City may require independent review of an applicant's steep slope study by a qualified professional selected by the City, at the applicant's expense. (2) Steep Slope Types: v • Critical Slopes. • Protected Slopes. c. Landslide Hazards: (1) Low Landslide Hazard (LL): Areas with slopes less than fifteen percent (15%). (2) Medium Landslide Hazard (LM): Areas with slopes between fifteen and forty percent (15-40%) and underlain by soils that consist largely of sand, gravel or glacial till. (3) High Landslide Hazards (LH): Areas with slopes greater than forty percent (40%), and areas with slopes between fifteen and forty percent (15 and 40%) and underlain by soils consisting largely of silt and clay. (4) Very High Landslide Hazards (LV): Areas of known mappable landslide deposits. d. Erosion Hazards: (1) Low Erosion Hazard (EL): Areas with soils characterized by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having slight or moderate erosion potential, and that slope less than fifteen percent (15%). (2) High Erosion Hazard (EH): Areas with soils characterized by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having severe or very severe erosion potential, and that slope more steeply than fifteen percent (15%). a 16 4835 07tDINANCE NO. e. Seismic Hazards: (1) Low Seismic Hazard (SL): Areas underlain by dense soils or bedrock. These soils generally have site coefficients of types S 1 or S2, as defined in the Uniform Building Code. (2) High Seismic Hazard (SH): Areas underlain by soft or loose, saturated soils. These soils generally have site coefficients of types S3 or S4, as defined in the Uniform Building Code. f. Coal Mine Hazards: '� (1) Low Coal Mine Hazards (CL): Areas with no known mine workings and no predicted subsidence. While no mines are known in these areas, undocumented mining ""' is known to have occurred. (2) Medium Coal Mine Hazards (CM): Areas where ..e mine workings are deeper than two hundred (200) feet for steeply dipping seams, or deeper than fifteen (15) times the thickness of the seam or workings for gently .., dipping seams. These areas may be affected by subsidence. (3) High Coal Mine Hazard (CH): Areas with abandoned "` and improperly sealed mine openings and areas underlain by mine workings shallower than 200 feet in depth for steeply dipping seams, or shallower than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by collapse or other subsidence. g. Mapping. Maps of steep slopes, landslide, erosion, seismic, and coal mine hazards are documented and included in RMC 4- 3-050.R, Maps. The actual presence or absence of the criteria listed above as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of •— land requiring compliance with these regulations. 5. Habitat Conservation: a. Applicability: The habitat conservation regulations apply to all non-exempt activities on sites containing or abutting critical habitat as classified below. b. Critical Habitat: Critical habitat are those habitat areas which meet any of the following criteria: (1) The documented presence of species proposed or listed by the federal government or State of Washington as endangered, threatened, sensitive, monitor, or priority; �.. and/or, 17 4835al ORDINANCE NO. (2) The presence of heron rookeries or raptor nesting areas; Aii and/or, (3) Category 1 wetlands (Refer to RMC 4-3-050.B.7.b.1. for di classification criteria); and/or, (4) Portions of streams and their shorelines designated in the Renton Shoreline Master Program, RMC 4-3-090, as iiii Conservancy or Natural refer to the Renton Shoreline Master Program). iii c. Mapping: (1) Critical habitats are identified by lists, categories and definitions of species promulgated by the Washington el State Department of Fish and Wildlife (Non-game Data System Special Animal Species) as identified in WAC 232-12-011; in the Priority Habitat and Species program li of the Washington State Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service. ii (2) Referenced inventories and maps are to be used as guides to the general location and extent of critical habitat. Critical habitat which is identified in RMC 4-3- 050.B.5.b, but not shown on the referenced inventories and maps, are presumed to exist in the City and are also protected under all the provisions of this section. (3). The actual presence or absence of the criteria listed above as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. r 6. Shorelines, Streams and Lakes: [Reserved] a. Applicability: [Reserved] b. Definitions: [Reserved] c. Mapping: [Reserved] a 7. Wetlands: a. Applicability: The wetland regulations apply to sites containing or abutting wetlands as described below. Category 2 wetlands, less than 2,200 square feet in area, and Category 3 wetlands, less than 5,00 square feet in area, are exempt from if these regulations. b. Classification System: The following classification system is tri hereby adopted for the purposes of regulating wetlands in the City. Wetlands buffer widths, replacement ratios and avoidance vid criteria shall be based on the following rating system: d 18 a brftDINANCE NO. 4835 "t.. (1) Category 1, Very High Quality Wetlands: Category 1 wetlands are wetlands which meet one or more of the following criteria: .1110 • The presence of species listed by Federal or State government as endangered or threatened, or the presence of essential habitat for those species; and/or, • Wetlands having forty percent (40%) to sixty percent (60%) permanent open water(in dispersed patches or otherwise) with two (2) or more vegetation classes; and/or, • Wetlands equal to or greater than ten (10) acres in size and having three (3) or more vegetation classes, one of which is open water; and/or, • The presence of plant associations of infrequent occurrence; or at the geographic limits of their occurrence, and/or • Wetlands assigned the Unique/Outstanding#1 rating in the current King County Wetlands Inventory 1991 or as thereafter amended. (2) Category 2, High Quality Wetlands: Category 2 wetlands are wetlands greater than two thousand two hundred (2,200) square feet which meet one or more of ow the following criteria: 111110 • Wetlands greater than two thousand two hundred (2,200) square feet that are not Category 1 or 3 wetlands; and/or, • Wetlands that have heron rookeries or raptor nesting trees, but are not Category 1 wetlands; and/or, • Wetlands of any size located at the headwaters of a watercourse,but are not Category 1 wetlands; and/or, • Wetlands assigned the Significant #2 rating in the current King County Wetlands Inventory 1991 or as thereafter amended; and/or • Wetlands having minimum existing evidence of human related physical alteration such as diking, ditching or channelization. (3) Category 3, Lower Quality Wetlands: Category 3 wetlands are wetlands greater than five thousand (5,000) square feet which meet one or more of the following criteria: • Wetlands that are severely disturbed. Severely disturbed wetlands are wetlands which meet the following criteria: 19 tiii ORDINANCE NO. 4835 ` ' - Are characterized by hydrologic isolation, human-related 4. hydrologic alterations such as diking, ditching, channelization and/or outlet modification; and Iii - Have soils alterations such as the presence of fill, soil removal and/or compaction of soils; and - May have altered vegetation. di • Wetlands that are newly emerging. Newly emerging s wetlands are: al - Wetlands occurring on top of fill materials; and - Characterized by emergent vegetation, low plant species si richness and used minimally by wildlife. These wetlands are generally found in the areas such as the Green River Valley and Black River Drainage Basin. ow • All other wetlands not classified as Category 1 or 2 such as smaller, high quality wetlands. al c. Maps and Inventory: 11:116111.-'''' (1) The approximate location and extent of wetlands in the City is displayed in RMC 4-3-050.R., Maps. The Map is to be used as a guide to the general location and extent of wetlands. (2) Wetlands which are defined in RMC 4-3-050.B.7.b, Classification System, but not shown on the Renton Wetlands Map Inventory, are presumed to exist in the City and are also protected under all the provisions of this section. (3) The actual presence or absence of the wetland criteria listed above, as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. d. Delineation of Wetland Edge: For the purpose of regulation, the wetland edge should be delineated pursuant to RMC 4-3- 050.M.4. e. Regulated and Non-Regulated Wetlands: Refer to RMC 4-3- 050-M.1.a. and M.1.b. for applicability thresholds for regulatory and nonregulatory wetlands. C. APPLICABILITY: EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 1. Applicability: This Section applies to any use or development proposed on public or private property or rights of way within a regulated critical area or within a required buffer zone for a regulated a 20 di DINANCE NO. 4 8 3 5 •.•► critical area. It is the City's intent to approve projects and/or permit conduct of a regulated activity in a critical area only when they conform to this section. Any person seeking to determine whether a proposed activity or land area is subject to this section may request in writing a determination from the City. Such a request for determination shall contain the information requirements specified by the Department Administrator . a. General: Unless determined to be exempt, all proposed ,.10 development, fill, and activities in regulated critical areas and their buffers shall comply with the requirements of this section. Expansion or alteration of existing activities shall also comply with the requirements of this section. b. Aquifer Protection [Reserved] ,,., c. Shorelines, Streams and Lakes: [Reserved] 2. Permit Required: Prior to any development or alteration to a property containing a critical area as defined in RMC 4-3-050.B, Applicability: Critical Areas Designations/Mapping, the owner or designee must obtain a development permit, critical area permit, or letter of exemption. 3. Finding of Conformance Required: No separate critical area permit is required for a development proposal which requires land use, .., environmental, or construction permits. Conformance with these Critical Area Regulations shall be a finding in any approval of a development permit, and such finding shall be documented in writing .,., in the project file. If a proposed activity is not exempt and does not otherwise require a development permit, but is subject to this section, the Department Administrator shall determine whether to grant or deny .... a separate critical areas permit based upon compliance with applicable standards and regulations of this section. 4. Letter of Exemption: a. When Required: (1) Flood Hazards, Geologic Hazards, Habitat Conservation, Wetlands: Except in the case of public emergencies all exemptions require that a letter of exemption be obtained from the Department "OW Administrator prior to construction or initiation of activities. (2) Aquifer Protection: [Reserved] (3) Shorelines, Streams and Lakes: [Reserved] b. Applicability of Section Requirements to Exempt Activities: Exempt activities provided with a letter of exemption may intrude into the critical area or required buffer subject to any .,. listed conditions or requirements. Exempt activities do not need 21 ORDINANCE NO. 4 8 3 5 0 to comply with mitigation ratios of RMC 4-3-050.M.11, Wetlands Creation and Restoration, or 12, Wetland Enhancement, unless required in exemption criteria. A critical areas report, and/or enhancement or mitigation plan shall be required, unless otherwise waived by the Department Administrator. c. Administrator Findings: In determining whether to issue a letter of exemption, the Administrator shall find that: (1) the activity is not prohibited by this or any other chapter Sri of the RMC or state or federal law or regulation; (2) the activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; (3) impacts are minimized and, where applicable, disturbed areas are immediately restored, unless the exemption is a wetland below the size thresholds pursuant to RMC 4-3- 050-C.5.f.1. and f.2. 5. Specific Exemptions: Specific exempt activities are listed in the following table. If an "X" appears in a box, the listed exemption applies in the specified critical area and required buffer. If an "X" does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table N the term "restoration" means returning the subject area back to its original state prior to the performance of the exempt activity. a a 22 a tfTWINANCE NO. 4 8 3 5 ..� EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore- Wetlands Protection Hazard Hazard Conserve- lines! Area Area Area tion Area Streams/ [Res.] Lakes [Res.] a. Conservation, Enhancement, Education and Related Activities 1. Natural Resource/Habitat X X X X Conservation or Preservation: Conservation or preservation of soil, water,vegetation,fish and other wildlife. 2. Enhancement activities as defined in X X X X Chapter 4-11. 3. Approved Restoration/Mitigation: X X X X Any sensitive area and/or buffer restoration or other mitigation activities which have been approved by the City. b. Research and Site Investigation 1. Education and Research: X X X X Nondestructive education and research. 2. Site Investigative Work: Site X X X X investigative work necessary for land use application submittals such as surveys, soil logs,percolation tests and other related activities. Investigative work shall not disturb any more than five percent (5%)of the critical area and required — buffer. In every case,impacts shall be minimized and disturbed areas shall be immediately restored at a 1:1 ratio. c. Agricultural,Harvesting,Vegetation Management 1. Harvesting Wild Foods: The X X X X harvesting of wild foods in a manner that is not injurious to natural reproduction of such foods and provided the harvesting MOWdoes not require tilling of soil,planting of crops or alteration of the critical area. 2. Existing/Ongoing Agricultural X X X X Activities: Existing and ongoing agricultural activities including farming, horticulture,aquaculture and/or irrigation. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring a critical area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has lain idle digno so long that modifications to the hydrological regime are necessary to resume operations. 8. Dead or Diseased Trees:Removal of X X X X `" dead,terminally diseased, damaged,or dangerous ground cover or trees which have been certified as such by a forester, registered landscape architect,or certified ... arborist,selection of which to be approved by the City based on the type of information required,or the City prior to their removal. Allowed in habitat conservation areas and wetlands when approved by the State Department of Fish and Wildlife,where applicable. w.. 23 se NW ORDINANCE NO. 4 8 3 5 .4100 d. Surface Water 1. New Surface Water Discharges: X X New surface water discharges to wetland Categories 1,2 and 3,or buffers of Categories 1,2 and 3,and to streams or lakes from detention facilities,pre- settlement ponds or other surface water management structures;provided,the discharge meets the requirements of the Storm and Surface Water Drainage Regulations(RMC 4-6-030),will not result in significant changes in the water temperature or chemical characteristics of the wetland or stream/lake water sources and,there is no increase in the existing rate of flow unless it can be demonstrated III that the change in hydrologic regime would result in greater wetland or shoreline/stream/lake functions and values.Where differences exist between these regulations and RMC 4-6-030, these regulations will take precedence. 2. Regional Stormwater Facilities: X X Regional stormwater management facilities to be operated and maintained under the direction of the City Storm Water Utility that are proposed and designed consistent with the Washington State Department of Ecology Wetlands and Stormwater Management Guidelines. For Habitat Conservation Areas,this exemption applies only to Category 1 wetlands , 3. Flood Hazard Reduction: X Implementation of public flood hazard reduction and public surface water projects,where habitat enhancement and restoration at a 1:1 ratio are provided,and appropriate Federal and/or State authorization has been received. e. Roads, Parks,Public and Private Utilities: 1. Relocation of Existing Utilities Out of X X X X critical Area and Buffer: Relocation out of critical areas and required buffers of natural gas,cable,communication, telephone and electric facilities,lines, pipes,mains,equipment and appurtenances,(not including substations),with an associated voltage of fifty five thousand(55,000)volts or less, only when required by a local governmental agency,and with the approval of the City.Disturbed areas shall be restored at a 1:1 ratio. a U it l 24 a circDINANCE NO. 4 8 3 5 ... 2. Existing Parks,Trails,Roads, X X X Facilities,and Utilities-Maintenance, Operation,Repair. Normal and routine maintenance,operation and repair of +r. existing parks and trails,streets,roads, rights of way and associated appurtenances,facilities and utilities where no alteration or additional fill materials will be placed other than the ..� minimum alteration and/or fill needed to restore those facilities to meet established safety standards.The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights of way.In every case,critical area and required IOW buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. .+. 3. Utilities,Traffic Control,Walkways, X X X Bikeways Within Existing,Improved Right- of-Way: Within existing and improved public road rights of way,installation, construction,replacement,operation or alteration of all natural gas,cable, communication,telephone and electric facilities,lines pipes,mains,equipment or appurtenances,traffic control devices, +.+ illumination,walkways and bikeways. If activities exceed the existing improved area or the public right-of-way,this exemption does not apply. ,,,,, Air 4. Modification of Existing Utilities and X X X Streets by 10%or Less: Overbuilding (enlargement beyond existing project needs)or replacement of existing utility systems and replacement and/or rehabilitation of existing streets,provided the work does not increase the footprint of the structure,line or street by more than ten percent(10%)within the critical area .., and/or buffer areas. 5. Vegetation Management/Essential X X X X Tree Removal for Public or Private Utilities,Roads,and Public Parks: Maintenance activities, including routine vegetation management and essential tree removal,for public and private utilities,road rights of way and easements,and parks. f. Wetland Disturbance,Modification and Removal 1. Any Activity in Small Category 2 X Wetland: Any activity affecting a single, hydrologically isolated Category 2 wetland ■• no greater than two thousand two hundred(2,200)square feet. 2. Any Activity in Small Category 3 X Wetlands: Any activity affecting WWIhydrologically isolated Category 3 wetland no greater than five thousand(5,000) square feet. 25 ORDINANCE NO. 4835 *ftiro 3. Temporary Wetland Impacts: X X Temporary disturbances of a wetland due *11110 to construction activities that do not include permanent filling may be permitted provided that there are no permanent adverse impacts to the critical area or required buffer,and areas temporarily disturbed are restored at a 1:1 ratio. Category 1 wetlands and Category 2 forested wetlands shall be enhanced at a 2:1 ratio in addition to being restored. For Habitat Conservation Areas,this exemption applies only to Category 1 wetlands g. Maintenance and Construction-Existing Uses and Facilities: 1. Remodeling,Replacing,Removing X X X Existing Structures,Facilities,and Improvements: Remodeling,restoring, replacing or removing structures,facilities and other improvements in existence on the date this section becomes effective and that do not meet the setback or buffer requirements of this section provided the work complies with the criteria in RMC 4- 10-010.G,Non Conforming Activities, 2. Maintenance and Repair-Any X X X Existing Public or Private Use: Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of "rrr existing utility or public structures and rights of way. In every case,critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 3. Modification of an Existing Single X X X Family Residence: Construction activity connected with an existing single-family residence and/or garage provided that the work does not increase the footprint of the structure lying within the critical area or buffer,and provided that no portion of the new work occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can meet required buffers. Existing,new or rebuilt accessory structures associated 1 with single-family lots such as fences, gazebos,storage sheds,play houses are exempt from this section. 4. Existing Activities: Existing activities X X X X which have not been changed,expanded or altered,provided they comply with the applicable requirements of Chapter 4-10 4 26 a "e'RDINANCE NO. 4 8 3 5 2 h. Emergency Activities: 1. Emergency Activities: Emergency X X X X activities are those which are undertaken to correct emergencies that threaten the public health,safety and welfare pursuant to the criteria in RMC 43-050.C.7.b. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this section,to avoid an immediate ,r threat to public health or safety,to prevent an imminent danger to public or private property,or to prevent an imminent threat of serious environmental degradation. 2. Emergency Tree/Ground Cover X X X X Removal by Agency or Utility: Removal of trees and/or ground cover by any City department or agency and/or public or private utility in emergency situations ... involving immediate danger to life or property,substantial fire hazards,or interruption of services provided by a utility. ... 3. Emergency Activities in Aquifer Protection Area[Reserved] IMP IMP IOW r it 27 OWN 4835 Nay ORDINANCE NO. *01100 3 i. Activities in Critical Area Buffers: 1. Trails and Open Space: Walkways X X X and trails,and associated open space in critical area buffers located on public property,or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met. i. The trail,walkway,and associated open space shall be consistent with the Comprehensive Parks,Recreation,and Open Space Master Plan. The City may allow private trails as part of the approval of a site plan,subdivision or other land use permit approvals. ii. Trails and walkways shall be located in the outer half of the buffer,i.e.the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for: - Trail segments connecting to existing trails where an alternate alignment is not practical. - Public access points to water Ali bodies spaced periodically along the trail. iii. Enhancement of the buffer area is required where trails are located in the buffer. iv. Trail widths shall be a maximum width of twelve(12)feet. 2. Stormwater Management Facilities in X X Buffer: Stormwater management facilities in critical area buffers including stormwater dispersion outfall systems designed to minimize impacts to the buffer and wetland where the site topography requires their location within the buffer to allow hydraulic function,provided the standard buffer zone area associated with the wetland classification is retained pursuant to RMC 4-3-050.M.6.c.,and is sited to reduce impacts between wetland and surrounding activities. For Habitat Conservation Areas,this exemption applies only to Category 1 wetlands ill i lii a a 28 a bRDINANCE NO. 4835 6. Prohibited Activities: Prohibited activities are identified below for each "Amor, critical area governed by this section. a. General - All Critical Areas: No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this section. b. Prohibited Activities - Flooding: Encroachments, including fill, new construction, substantial improvements, and construction or "' reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of RMC 4-3- 050.I.4., Additional Restrictions within Floodways. c. Prohibited Activities — Shorelines, Streams and Lakes: [Reserved] d. Prohibited Activities - Wetlands: Grazing of animals is not allowed within a wetland or its buffer. 7. Temporary Emergency Exemption Procedure: a. Temporary Emergency Exemption Purpose: Temporary emergency exemptions shall be used only in extreme cases and not to justify poor planning by an agency or applicant. b. Temporary Emergency Exemption Review Authority and q..- Decision Criteria: Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notwithstanding the provisions of this section or any other City laws to the contrary, the Department Administrator may issue a temporary emergency exemption letter if the action meets the following requirements: (1) An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and (2) The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this section and other applicable laws. IMP (3) Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this section. 0111, c. Temporary Emergency Exemption Letter Process and Timing: The emergency exemption shall be consistent with the following procedural and time requirements: (1) Time Limits: The emergency shall be limited in duration — to the time required to complete the authorized emergency 29 %Nov ORDINANCE NO. 4 8 3 5 activity, provided that no emergency permit be granted for a period exceeding ninety (90) days except as specified in RMC 4-3-050.C.7.c.ii. below. a (2) Restoration Required: Require, within the ninety (90) day period, the restoration of any critical area altered as a result of the emergency activity, except that if more than ninety(90) days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity. (3) Public Notice Required: Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant comments are received, the City may reconsider the permit. (4) Expiration of Exemption Authorization: The emergency exemption authorization may be terminated at any time without process upon a determination by the Department Administrator that the action was not or is no longer necessary to protect human health or the environment. N. 8. Non-Conforming Activities or Structures: Regulated activities legally in existence prior to the passage of this section, but which are not in conformity with the provisions of this section are subject to the provisions of RMC 4-10-010.G , "Nonconforming Activities". D. ADMINISTRATION AND INTERPRETATION: a 1. General Provisions—All Critical Areas: a. Duties of Administrator: The Planning/Building/Public Works Administrator, (the Department Administrator) or his/her duly authorized representative, shall have the power and authority to enforce the provisions of this section. For such purposes he/she shall have the power of a law enforcement officer. b. Interpretation: The Department Administrator shall have the power to render interpretations of this section and to adopt and enforce rules and regulations supplemental to this section as he/she may deem necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this section. c. Compliance: Unless specifically exempted by this section, the City shall not grant any approval or permit any regulated activity t 30 a '11RDINANCE NO. 4835 — in a critical area or associated buffer prior to fulfilling the requirements of this section. d. Reviewing Official: Wherever referenced in this section, Reviewing Official refers to the decisionmaking official or body authorized to grant permit approval for an activity. 2. Aquifer Protection [Reserved] 3. Flood Hazards: a. Duties and Responsibilities of the Department Administrator or Designee: The duties of the Department Administrator or his/her designee shall include, but not be limited to: (1) Review all development permits to determine that the permit requirements of this section have been satisfied; and �- (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; and (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, to assure that the encroachment provisions of RMC 4-3-050.I.4., Additional Restrictions ,,, ,,.✓ within Floodways, are met; and (4) Use of Other Base Flood Data: When base flood elevation data has not been provided in accordance with RMC 4-3-050.B.3.c, Mapping and Documentation, the Department Administrator or designee shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer RMC 4-3-050.I.3, Specific Standards, and RMC 4-3-050.I.4. Additional Restrictions Within Floodways. b. Information to Be Obtained and Maintained: The Department Administrator or his/her designee shall obtain and maintain the following information: (1) Record Required: Where base flood elevation data is provided through the flood insurance study or required as in RMC 4-3-050.D.3.a.iv , Use of Other Base Flood Data, the applicant shall obtain and record the actual elevation(in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) Elevations and Certificates: For all new or substantially improved floodproofed structures: 31 ORDINANCE NO. 4 8 3 5 Nero • The applicant shall verify and record the actual elevation (in relation to mean sea level), and .41200 • The Department Administrator or his/her designee shall maintain the floodproofmg certifications required in RMC 4-8-120-D.6, Flood Hazard Data; and • Flood elevation certificates shall be submitted by an applicant to the Development Services Division prior to the building finished floor construction. Finished floor elevation should be verified by a pre-construction elevation certificate at the time of construction of a substantial structural element of the finished floor (i.e. foundation form for the concrete floor). An as-built elevation aiii certificate will be provided prior to issuance of final occupancy, and the certificates shall be maintained by the Department Administrator or designee. (3) Public Records: The Department Administrator or his/her designee shall maintain for public inspection all records pertaining to the provisions of the flood hazard regulations (e.g. elevation certificates, notification of alteration/relocation of watercourses, flood hazard regulation variances). c. Alteration of Watercourses: The Department Administrator, or his/her designee shall: (I) Notice Required: Notify adjacent communities and the State of Washington Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Maintenance: Require that maintenance is provided a within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. The City may require covenants, or other mechanisms to ensure maintenance. d. Interpretation of Firm Boundaries: The Department w Administrator, or his/her designee, shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in a RMC 4-1-050.F, Hearing Examiner, and RMC 4-8-110, Appeals). e. Record Required: The Department Administrator, or his/her designee, shall maintain the records of all appeal actions and loso 32 'kDINANCE NO. 4 8 3 5 report any variances to the Federal Insurance Administration upon request. 4. Review Authority a. Review Authority — General: The Department Administrator or his/her designee is authorized to make the following administrative allowances and determinations: (1) Issue a critical areas permit for proposals not otherwise requiring a development permit per RMC 4-3-050.C.3., Finding of Conformance Required. (2) Issue written letters of exemption pursuant to RMC 4-3- 050.C.4. (3) Allow temporary emergency exemptions per RMC 4-3- 050.C.7. (4) Interpret Geologic Hazards, Habitat Conservation, and Wetlands regulations per RMC 4-3-050.D.1.b. (5) Approve the use of alternates in accordance with RMC 4-3- 050.N.1 and RMC 4-9-250.E. (6) Waive report content or submittal requirements per RMC 4-3-050.F.6. (7) Grant administrative variances, except for Flood Hazard regulation variances, per RMC 4-9-250.B. (8) Require tests for proof of compliance per RMC 1-3-1.E.7. (9) Grant modifications and administrative variances, per RMC 4-3-050.N. �- b. Review Authority - Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. The Department Administrator is authorized to make the following administrative allowances and determinations: (1) Geologic Hazards • Waive independent review of geotechnical reports per RMC 4- 3-050.J.3. • Increase or decrease required buffer for Very High Landslide Hazard areas per RMC 4-3-050.J.7.b. • Waive Coal Mine Hazard reports per RMC 4-3-050.J.8. IMO • Grant a modification for created slopes per RMC 4-3-050.N.2. (2) Habitat Conservation • Waive habitat/wildlife assessment reports per RMC 4-3- """ 050.K.2. 33 till loor ORDINANCE NO. 4 8 3 5 (3) Shorelines, Streams and Lakes [Reserved] Nod (4) Wetlands. • Waive wetland study requirement per RMC 4-3-050.M.3.b. • Determine whether wetlands are unregulated per RMC 4-3- 050.M.1.a and b. • Extend the valid period of a wetland delineation pursuant to RMC 4-3-050.M.4.d. a • Approve proposals for buffer width reductions of up to 25% in accordance with the review criteria stated in RMC 4-3- 050.M.6.e. r • Approve proposals for buffer width averaging pursuant to the standards and criteria stated in RMC 4-3-050.M.6.f. • Authorize other category level for created or restored wetlands per RMC 4-3-050.M.11.c. ai • Release wetland maintenance assurity devices per RMC 4-3- 050.M.1 7.a. • Waive requirements of this section upon determination that all sa impacts on wetlands would be mitigated as part of an approved area-wide wetlands plan that, when taken as a whole over an approved schedule or staging of plan implementation, will meet or exceed the requirements of this section (see RMC 4-3- 050.M.9). vii 5. Authority to Approve, Condition, or Deny - General: Based upon site specific review and analysis, the Reviewing Official or his/her designee may approve, condition, or deny a proposal. 6. Authority to Approve, Condition, or Deny — Shorelines, Streams and Lakes: [Reserved] E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED a ALTERATIONS 1. Performance Standards: The performance standards for each critical rr area are specified in Subsections RMC 4-3-050.G to M. The standards are minimum standards. 2. Protection of Critical Areas: Critical areas and any associated buffers shall be avoided, and undisturbed, unless alterations are permitted in accordance with the requirements of this section. sita 3. Allowed Alterations: Critical areas may be altered by authorized exempt activities, alterations specifically allowed in RMC 4-3-050.G to M and subject to listed criteria, or through approval of modifications or variances. te F. SUBMITTAL REQUIREMENTS AND FEES: Nap _<y 34 I • • '' �RDINANCE NO. 4 8 3 5 l 1. Applicability: When a regulated critical area or associated buffer is identified, the following procedures apply. 2. Preapplication Consultation: Any person intending to develop properties known or suspected to have critical areas present is strongly encouraged to meet with the appropriate City department representative during the earliest possible stages of project planning before major commitments have been made to a particular land use and/or project design. Effort put into a preapplication consultation and planning will 411111 help applicants create projects which will be more quickly and easily processed due to a better understanding on the part of applicants of regulatory requirements. 3. Plans Required: When an application is submitted for any building permit or land use review and/or to obtain approval of a use, development or construction, the location of the critical areas and buffers on the site shall be indicated on the plans submitted based upon an inventory provided by a qualified specialist. 4. Submittal Requirements: See Chapter 4-8 of this Title. 5. Fees: See RMC 4-1-170. 6. Waiver of Submittal or Procedural Requirements: The Department Administrator may waive any of the requirements of this subsection if the size and complexity of the project does not warrant a step in the proceeding. G. NATIVE GROWTH PROTECTION AREAS +— 1. When Required: A Native Growth Protection Area may be required by RMC 4-3-050.H to M in order to protect a critical area from any proposed development for a non-exempt activity. 2. Standards: ••• a. Trees and ground cover shall be retained in designated Native Growth Protection Areas. ... b. Activities allowed in a Native Growth Protection Areas shall be consistent with applicable Critical Area Regulations. .., c. The City may require enhancement of Native Growth Protection Areas to improve functions and values, reduce erosion or landslide potential, or to meet another identified purpose of this section or of Critical Area Regulations. 3. Method of Creation: Native growth protection areas shall be established by one of the following methods, in order of preference: a. Conservation Easement: The permit holder shall, subject to the City's approval, convey to the City or other public or nonprofit 35 tee ORDINANCE NO. 4835 loaf r entity specified by the City, a recorded easement for the protection of the critical area and/or its buffer; 1400 b. Protective Easement: The permit holder shall establish and record a permanent and irrevocable easement on the property title of a parcel or tract of land containing a critical area and/or its buffer created as a condition of a permit. Such protective easement ri shall be held by the current and future property owner, shall run with the land, and shall prohibit development, alteration, or disturbance within the easement except for purposes of habitat • enhancement as part of an enhancement project which has received prior written approval from the City, and from any other agency with jurisdiction over such activity." C. Tract and Deed Restriction: The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of any critical area management tract or tracts created as a condition of a permit. Such deed restriction(s) shall prohibit development, alteration, or disturbance within the tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City, and from any other agency with jurisdiction over such activity." 4. Marking During Construction: The location of the outer extent of the critical area buffer and areas not to be disturbed pursuant to an approved permit shall be marked with barriers easily visible in the field to prevent ,,,„r,., , unnecessary disturbance by individuals and equipment during the development or construction of the approved activity. 5. Signage Required: The common boundary between a native growth IV protection area and the adjacent land must be permanently identified. This identification shall include permanent wood or metal signs on treated or metal posts. Sign locations and size specifications shall be approved by the City. Suggested wording is as follows: "Protection of this natural area 94: is in your care. Alteration or disturbance is prohibited by law.." lit lit S yaw 36 S • MDINANCE NO. 4 8 3 5 .r 6. Responsibility for Maintenance: Responsibility for maintaining the native growth protection easements or tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity, as approved by the City. 7. Maintenance and Maintenance Note Required: The following note ,.. shall appear on the face of all plats, short plats, PUDs, or other approved site plans containing separate native growth protection easements or tracts, and shall also be recorded as a covenant running with the land on the title ... of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All owners of lots created by or benefiting from this City action abutting or including a native growth protection easement [tract] are responsible for maintenance and protection of the easement [tract]. Maintenance includes insuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the City has been received." H. AQUIFER PROTECTION: [Reserved] IMO . FLOOD HAZARDS: 1. Applicability: In addition to General Standards of RMC 4-3-050.E, the following regulations apply in all areas of special flood hazard. 2. General Standards: In all areas of special flood hazards, the following standards are required: AM.' a. Anchoring--All New Construction: All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. Anchoring--Manufactured Homes: All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's Manufactured Home Installation in Flood Hazard Areas guidebook for additional techniques). c. Construction Materials and Methods: (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to ... flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize "" flood damage. (3) Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to USW 37 • two ORDINANCE NO. 4 8 3 5 U 4- prevent water from entering or accumulating within the ,, components during conditions of flooding. 44.09 4 d. Utilities: -° • (1) Water: All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) Sewer: New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) Waste Disposal: On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. e. Subdivision Proposals: :1-*'', (1) All subdivision proposals shall be consistent with the need >_ to minimize flood damage; , (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; U (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;and 'sir (4) All subdivision proposals shall show the flood hazard 0107 information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area. 4 f. Project Review: iii (1) Building Permits: Where elevation data is not available either through the flood insurance study or from another authoritative source, i.e., RMC 4-3-050.D.3.a.iv., iii applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above grade in these 0 zones may result in higher insurance rates. (2) Land Use Applications: Where base flood elevation data id has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain iii at least fifty(50) lots or five (5) acres(whichever is less). a 38 it • '� ORDINANCE NO. 4 8 3 5 3. Specific Standards. In all areas of special flood hazards where base flood '`041es, elevation data has been provided as set forth in RMC 4-3-050.B.3.c, Mapping and Documentation, or RMC 4-3-050.D.3.a.iv, Use of Other "` Base Flood Data, where such data provides flood elevations that exceed the regulatory standards in the FEMA flood insurance study, the following provisions are required: a. Residential Construction: (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated a minimum of one foot above base flood elevation. ISM (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: - A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and - The bottom of all openings shall be no higher than one foot (1') above grade; and - Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. b. Manufactured Homes: All manufactured homes to be placed or substantially improved within Zones Al-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of RMC 4-3-O50.L2.b, Anchoring-Manufactured Homes. This section applies to manufactured homes to be placed or substantially improved in an expansion to an existing War manufactured home park or subdivision. This section does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision .. except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, -. reconstruction, or improvement has commenced. 39 ' or ORDINANCE NO. 4 8 3 5 ' c. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated a minimum of one foot above the level of the base flood elevation; and together with attendant utility and sanitary facilities, shall: (1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development ei and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official; (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in RMC 4-3- S 050.I.3.a.ii. (5) Applicants floodproofmg nonresidential buildings shall be 'lop notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to one foot above the base flood level will be rated at the base flood level). 4. Additional Restrictions within Floodways: Located within areas of special flood hazard established in RMC 4-3-050.B.3.c, Flood Hazards: Mapping & Documentation, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: a. Increase in Flood Levels Prohibited: Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer is provided demonstrating that: (1) Encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and (2) There are no adverse impacts to the subject property or abutting or adjacent properties; and do (3) There are no higher flood elevations upstream; and 40 S .. 'IMRDINANCE NO. 4835 (4) The impact due to floodway encroachment shall be analyzed using future land use condition flows. (5) If RMC 4-3-050.I.4.a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. b. Residential Construction in Floodways: Construction or reconstruction of residential structures is prohibited within designated floodways, except for: (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (2) repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either, a) before the repair, reconstruction, or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty percent (50%). 5. Compensatory Storage: a. Compensatory Storage Required: Development proposals and other alterations shall not reduce the effective base flood storage volume of the floodplain. If grading or other activity will reduce the effective storage volume, 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. b. Additional Requirements - Springbrook Creek: The higher of the City hydrologic and hydraulic model results for the 100-year future land use conveyance and storage events shall be used by the City to determine the volume of compensatory storage required for filling within the 100-year flood zone of Springbrook Creek. (1) An exception to this requirement shall apply where the Federal Emergency Management Agency (FEMA) defined 100-year flood zone is lower than the City model results for the 100-year future land use conveyance event. .. (2) Under the exception, the lower FEMA floodplain elevation shall be used. The exception only applies for the reach of 41 Oil Ile ORDINANCE NO. 4835 Springbrook Creek between SW 43rd Street and Oakesdale Avenue near SW 41 st Street. '"a, AA C. Determining Finished Floor Elevations According to FEMA: iiir Although City model results will apply to compensatory storage requirements, the FEMA 100-year flood plain elevations shall be used to establish building fmished floor elevations to comply with el other National Flood Insurance Program requirements. J. GEOLOGIC HAZARDS: 1. Applicability: In addition to the General Standards of RMC 4-3-050.E, the following performance standards, RMC 4-3-050.J.2.-J.8., apply to all regulated geologic hazard areas, unless the subsection clearly identifies that the standard applies only to a specific geologic hazard category. Multiple performance standards may apply to a site feature, for example steep slope, landslide and erosion hazards, based upon overlapping ti classification systems. 2. Special Studies Required: Whenever a proposed development requires a development permit and a geologic hazard is present on the site of the Ili proposed development or on abutting or adjacent sites within 50 feet of the subject site, geotechnical studies by qualified professionals shall be required. Specifically, geotechnical studies are required for developments proposed on sites with any of the following geologic hazards: a. Sensitive and protected slopes; w0.e b. Medium, high, or very high landslide hazards; c. High erosion hazards; alit d. High seismic hazards; e. Medium or high coal mine hazards. a 3. Independent Secondary Review: a. Required: Sensitive and Protected Slopes, and Medium, High, or Very High Landslide Hazards: All geotechnical reports submitted in accordance with RMC 4-3-050.J.2, Special Studies Required, and Chapter 4-8, Permits & Decisions, shall be a independently reviewed by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in accordance with RMC 4-3-050.D.4.b., Review Authority - Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. b. At City's Discretion: High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: The City may require independent review of an applicant's geotechnical report by ai qualified specialists selected by the City, at the applicants expense. 44410 a 42 x a • 0110 ORDINANCE NO. 4 8 3 5 •• 4. Conditions of Approval: Conditions of approval may modify the proposal, including, but not limited to, construction techniques, design, drainage, project size/configuration, or seasonal constraints on development. Additional possible conditions may be listed under the performance standards for each hazard type. Upon review of geotechnical studies, the development permit shall be conditioned to mitigate adverse environmental impacts and to assure that the development can be safely accommodated on the site and is consistent with the purposes of this section. VMS 5. Protected Slopes: a. Prohibited Development: Development is prohibited on protected slopes. This restriction is not intended to prevent the subdivision or development of property that includes 40% or greater slopes on a portion of the site, provided there is enough developable area elsewhere to accommodate building pads. b. Exceptions Through Modification: Exceptions to the prohibition may be granted for: (1) Filling against the toe of a natural rock wall or rock wall, or protected slope created through mineral and natural resource recovery activities or public or private road installation or widening and related transportation ..- improvements, railroad track installation or improvement, or public or private utility installation activities pursuant to RMC 4-3-050.N.2,Modifications. (2) Grading to the extent that it eliminates all or portions of a mound or to allow recongifuration of protected slopes created through mineral and natural resource recovery activities or public or private road installation or widening and related transportation improvements, railroad track installation or improvement, or public or private utility installation activities, pursuant to RMC 4-3-050.N.2, Modifications. .„ c. Exceptions Through Variance: Exceptions to the prohibition may be granted for construction, reconstruction, additions, and associated accessory structures of a single-family home on an ,.. existing legal lot pursuant to a variance as stated in RMC 4-9- 250.B.1, where there is not enough developable area elsewhere on the site to accommodate building pads and provide practicable off- street parking. d. Exceptions Through Waiver: Exceptions to the prohibition may be granted for installation of public utilities which are needed to protect slope stability, and public road widening where all the following provisions have been demonstrated: V 43 ORDINANCE NO. 4 8 3 5 (1) The utility or road improvement is consistent with the 41, Renton Comprehensive Plan, adopted Utility Plans, and the '400 Transportation Improvement Program where applicable. (2) Alternative locations have been determined to be economically or functionally infeasible. (3) A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks. 0 Where the excepted activities above are allowed, the erosion control measures in RMC 4-3-050.J.S, Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards, shall also apply. e. Native Growth Protection Areas — Protected Slopes: Unless development is allowed pursuant to RMC 4-3-050.J.5 a.i., a.ii., or tii a.iii, Protected Slopes, those Protected Slopes shall be placed in a Native Growth Protection Area pursuant to RMC 4-3-050.G, or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. r f. Conditions of Approval: Based upon the results of the geotechnical report and independent review, conditions of approval for developments on sites which include steep slopes may include, but are not limited to vegetation enhancement, slope stabilization, buffer zones, or other requirements. 6. Sensitive Slopes; Medium, High and Very High Landslide Hazards; and High Erosion Hazards: The following standards apply to development on Sensitive Slopes, Medium/High/Very High Landslide Hazard areas, and High Erosion Hazard areas: uto a. Erosion Control Plans: Development applications shall submit erosion control plans consistent with RMC 4-3-050.J.2, Special j Studies Required, and Chapter 4-8, Permits and Decisions. Conditions of Approval: The Reviewing Official may condition a development proposal to achieve minimal site erosion, including, rii but not limited to, timing of construction and vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. 0 c. On-site Inspections: During construction, weekly onsite inspections shall be required at the applicant's expense. Weekly reports documenting erosion control measures shall be required. 7. Very High Landslide Hazards: a. Prohibited Development: Development shall not be permitted on land designated with Very High Landslide Hazards, except by 0 44 11RDINANCL NO. 4 8 3 5 variance, administered pursuant to RMC 4-9-250.B.1, for construction of a single family home on an existing legal lot. b. Buffer Requirement: A buffer of fifty feet (50') shall be established from the top, toe and sides of a Very High Landslide Hazard area. The Department Administrator may increase or decrease the required buffer based upon the results of a geotechnical report, and any increase or decrease based upon the results of the geotechnical study shall be documented in writing •. and included with the project approval. c. Native Growth Protection Area - Very High Landslide Hazards: The landslide hazard area shall be placed in a native growth protection area pursuant to RMC 4-3-050.G, or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. WPM Based upon the results of the geotechnical study, the buffer may be placed in a native growth protection area, or it may be designated as a "no build" easement, or the area may be designated in part, a native growth protection area and in part, a"no build"easement. 8. Coal Mine Hazards: `r a. Medium Hazard - Report Required: Reports consistent with RMC 4-4-050.J.2, special Studies Required, and Chapter 4-8, Permits and Decisions, shall be prepared for development proposed within Medium Coal Mine Hazard areas and for development proposed within two hundred feet (200') of a Medium Coal Mine Hazard area. An applicant may request that the Department Administrator waive the report requirement pursuant to RMC 4-3-050.D.4.b., Review Authority - Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. where it has been determined through field documentation that coal mine hazards are not present. b. High Hazard - Report Required: Reports consistent with RMC 4-3-050.J.2, Special Studies Required, and Chapter 4-8, Permits & Decisions, shall be prepared for development proposed within High Coal Mine Hazard areas and for development proposed within five hundred feet (500') of a High Coal Mine Hazard area. An applicant may request that the Department Administrator waive - the report requirement pursuant to RMC 4-3-050.D.4.b., Review Authority - Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands, where it has been determined ... through field documentation that coal mine hazards are not present. c. Conditions of Approval: Based upon the results of studies prepared, the City may condition approval of development by requiring mitigation. Potential mitigation may include, but is not limited to, backfilling and sealing mine entries and shafts, 45 x `0v ORDINANCE NO. 4 8 3 5 Nore t 4 backfilling existing sinkholes, removal or regrading or capping Ai coal mine waste dumps, limiting development on portions of the site, or other measures offering equal protection from the hazard. ei (1) Additional Engineering Design and Remediation Specifications: After approval of the mitigation approach proposed as a result of subsection 8.c above, and prior to construction, the applicant shall complete engineering design drawings and specifications for remediation. Upon approval of the plans and specifications, the applicant shall di complete the remediation. Hazard mitigation shall be performed by or under the direction of a qualified engineer or geologist. The applicant shall document the hazard t mitigation by submitting as-builts and a remediation construction report. d. Hazards Found During Construction: Any hazards found ail during any development activities shall be immediately reported to the Development Services Division. Any coal mine hazards shall aii be mitigated prior to recommencing construction based upon supplemental recommendations or reports by the applicant's geotechnical professional. e. Construction in Areas with Combustion: Construction shall not be permitted where surface or subsurface investigations indicate the possible presence of combustion in the underlying seam or seams, unless the impact is adequately mitigated in accordance with the recommendations of the applicant's geotechnical professional. di K. HABITAT CONSERVATION: 1. Applicability: In addition to the General Standards of RMC 4-3-050.E, tio the following performance standards, RMC 4-3-050.K.2.K.5., apply to all non-exempt activities on sites containing critical habitat areas per RMC 4- 3-050.B.5 iiii 2. Habitat Assessment Required: Based upon RMC 4-3-050.B.5., Habitat Conservation, the City shall require a habitat/wildlife assessment to sii determine the extent, function and value of the critical habitat when regulated activities are proposed which have the potential to cause significant impacts. In cases where a proposal is not likely to iii significantly impact the critical habitat and there is sufficient information to determine the effects of a proposal, an applicant may request that this 4 report be waived by the Department Administrator in accordance with RMC 4-3-050.D.4.b. The City may require independent review of an applicant's report by qualified specialists selected by the City, at the ,, applicant's expense. a di 46 It di • ' RDINANCE NO. 4 8 3 5 3. Native Growth Protection Areas: Based on the required habitat assessment, the Reviewing Official may require critical habitat areas and their associated buffers be placed in a Native Growth Protection Area subject to the requirements of RMC 4-3-050.G, or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City." WOO 4. Alterations Require Mitigation: If alterations to critical habitat/wildlife habitat or buffers are proposed, mitigation shall be required by the City. The applicant shall evaluate alternative methods of developing the property using the following criteria in this order: a. Avoid any disturbances to the habitat. b. Minimize any impacts to the habitat. c. Compensate for any habitat impacts. 5. Mitigation Options: In addition to any performance standards or mitigation required by wetland regulations, additional mitigation may be determined by the Reviewing Official based upon the consultant report submitted by the applicant, and/or peer review of the applicant's consultant report by a qualified professional selected by the City at the -- applicant's expense, and/or by information from State or Federal agencies. a. On-Site Mitigation: Mitigation shall be provided on-site, unless on-site mitigation is not scientifically feasible due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on- site. 1 NW b. Off-Site Mitigation: When mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of the VIM permitted activity on property owned or controlled by the applicant, and identified as such through a recorded document such as an easement or covenant, provided such mitigation is beneficial to the habitat area and associated resources. c. In-Kind Mitigation: In-kind mitigation shall be provided except when the applicant demonstrates and the City concurs that greater functional and habitat value can be achieved through out-of-kind mitigation. L. SHORELINES, STREAMS AND LAKES: [Reserved] — Pending issuance of "4d" Rule by the National Marine Fisheries Service and subsequent Tri-County Regulatory Response WWI M. WETLANDS: 1. Applicability: In addition to General Standards of RMC 4-3-050.E, the following performance standards apply to all regulated wetlands. 47 fir' ORDINANCE NO. 4 8 3 5 Nelle a. Regulated and Non-Regulated Wetlands - General: Wetlands created or restored as a part of a mitigation project are regulated M wetlands. Regulated wetlands do not include those artificial wetlands intentionally created from non-wetland sites for purposes other than wetland mitigation, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm pond, and landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. The Department Administrator shall determine that a wetland is not regulated on the basis of photographs, statements, and other evidence. b. Non-Regulated Category 3 Wetlands: Based upon an applicant request, the Department Administrator may determine that Category 3 wetlands are not considered regulated wetlands, if the applicant demonstrates the following criteria are met: ft (1) The wetland formed on top of fill legally placed on a property; and, (2) The wetland hydrology is solely provided by the compaction of the soil and fill material; and, (3) The U.S. Army Corps of Engineers has determined that they will not take jurisdiction over the wetland. 2. General Standards for Permit Approval: Permit approval by the Reviewing Official for projects involving regulated wetlands or wetland buffers shall be granted only if the approval is consistent with the provisions of this section. Additionally, approvals shall only be granted if: a. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; and 1117: b. The proposed activity results in no net loss of regulated wetland area. value, or function in the drainage basin where the wetland is located; or c. Denial of a permit would deny all reasonable use of the property and a variance process is successfully completed to determine conditions for permitting of activity requested. t 3. Study Required: a. When Study Is Required: Wetland classifications or delineations are required as follows: (1) Wetland Classification: The applicant shall be required to conduct a study to determine the classification of the oil wetland if the subject property or project area is within one *4100 hundred feet (100') of a wetland even if the wetland is not 48 VOW 17RDINANCE NO. 4 8 3 5 located on the subject property but it is determined that alterations of the subject property are likely to impact the wetland in question. VIM (2) Wetland Delineation: A wetland delineation is required for any portion of a wetland on the subject property that *., will be impacted by the permitted activities. b. Study Waived: The study shall be waived by the Department Administrator when the applicant provides satisfactory evidence that a road, building or other barrier exists between the wetland and the proposed activity, or when the buffer area needed or required will not intrude on the applicant's lot. 4. Delineation of Regulatory Edge of Wetlands: a. Methodology: For the purpose of regulation, the exact location of °" the wetland edge shall be determined by the wetlands specialist hired at the expense of the applicant through the performance of a field investigation using the procedures provided in the following "'" manual: Washington State Wetlands Identification and Delineation Manual, Washington State Department of Ecology, March 1997, Ecology Publication#96-94. b. Delineations - Open Water: Where wetlands are contiguous with areas of open freshwater, streams, or rivers, the delineation .. - shall be consistent with the Washington State Wetlands Rating System: Western Washington, Second Edition, Washington State Department of Ecology, August 1993, Publication #93-74, Appendix 5, or another accepted Federal or State methodology, subject to City review. c. Adjustments to Delineation by City: Where the applicant has provided a delineation of the wetland edge, the City shall review and may render adjustments to the edge delineation. In the event the adjusted edge delineation is contested by the applicant, the City shall at the applicant's expense, obtain the services of an additional qualified wetlands specialist to review the original study and render a final delineation. d. Period of Validity for Wetland Delineation: (I) Within City Limits. A final wetland delineation, for properties within the city limits at the time the delineation was prepared, is valid for five (5) years, unless the Department Administrator determines that conditions have changed. The five (5) year validity period shall remain applicable for projects where complete building permit or preliminary plat applications have been submitted regardless of whether conditions have changed. Upon applicant request, extensions for additional years of validity 49 S 411rr ORDINANCE NO. 4 8 35 may be approved by the Department Administrator if an 41‘ application is proceeding in a timely manner through the *4410 permit process. (2) Outside City Limits. The period of validity of wetland delineations for properties, which were unincorporated at the time of the delineation, will be determined by the oil Department Administrator. Following a review of a wetland delineation prepared for a unincorporated property, since annexed into the city, the Department Administrator may require adjustments be made to the study or a new study prepared, per RMC 4-3-050M.3., Delineation of Regulatory Edge of Wetlands. 5. Determination of Wetland Classification: Wetland studies shall determine the appropriate wetland classification according to RMC 4-3- 050.B.7, Wetlands. The City may accept a dual wetland classification for a wetland exhibiting a combination of Category 1 and 2 features or a combination of Category 1 and 3 features. The City will not accept a dual rating for a Category 2 wetland, such as a combined Category 2 and 3 rating. Dual ratings for a Category 1 wetland shall be consistent with the Washington State Wetlands Rating System: Western Washington, Second Edition, Washington State Department of Ecology, August 1993, Publication#93-74. 6. Wetland Buffers: a. Buffers Required: Wetland buffer zones shall be required of all proposed regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced in conjunction with creation or restoration as compensation for approved wetland alterations shall include the standard buffer required for the class of the wetland being replaced. Except as otherwise specified, all required wetland buffer zones shall he retained in their natural condition. Where buffer disturbance has occurred during construction or other activities, revegetation with native vegetation may be required. b. Measurement of Buffers: All buffers shall he measured from the wetland boundary as surveyed in the field pursuant to the requirements of RMC 4-3-050.M.4.a, Methodology. c. Standard Buffer Zone Widths: The width of the required wetland buffer zone shall be determined according to the wetland category. The buffer zone required for all regulated wetlands is determined by the classification of the wetland. If standard buffer widths cannot be met, and buffer reductions per RMC 4-3- 050.M.6.e, and buffer averaging per RMC 4-3-050.M.6.f cannot be accomplished, a variance to buffer requirements may be requested per RMC 4-3-050.N, Alternates, Modifications and Variances, and 4-9-250.B. Variance Procedures. 50 DINANCE NO. 4835 r` Wetland Category: Standard Buffer: Category 1 - Very High 100 feet i"" Quality Category 2 - High Quality 50 feet Category 3 - Lower Quality 25 feet d. Increased Wetland Buffer Zone Width: The Environmental Review Committee may require increased standard buffer zone widths in unique cases - i.e., endangered species, very fragile areas, when a larger buffer is necessary to protect wetlands functions and values. This determination shall be supported by appropriate documentation provided by the applicant or the City showing that increased buffers are reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a condition of project approval and shall demonstrate that: (1) A larger buffer is necessary to maintain viable populations of existing species; or (2) The wetland is used by species listed by the Federal or the State government as threatened, endangered and critical species and State listed priority species, essential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees or evidence thereof; or (3) Nearby lands which drain into the wetland are susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or (4) Nearby lands which drain into the wetland have minimal vegetative cover or slopes greater than fifteen percent (15%). e. Reduction of Buffer Width: Based upon an applicant's request, the Department Administrator may approve a reduction in the standard wetland buffer zone widths on a case-by-case basis where ... the applicant can demonstrate compliance with subsections "i" or "ii" below. Such determination and evidence shall be included in the application file and public notification shall be given by .• posting the subject site and City Hall, and notifying parties of record. (1) The adjacent land is extensively vegetated and has less than fifteen percent (15%) slopes and no direct or indirect, short- . term or long-term, adverse impacts to regulated wetlands, 51 rrr+ ORDINANCE NO. 4 8 3 5 taw as determined by the City, will result from a regulated activity. The City's determination shall be based on specific site studies by recognized experts. The City may require long-term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or (2) The project includes a buffer enhancement plan using native vegetation and substantiates that the enhanced buffer will be equal to or improve the functional attributes of the buffer. An enhanced buffer shall not result in greater than a twenty five percent (25%) reduction in the buffer width, and the reduced buffer shall not be less than twenty five feet (25') wide. Greater buffer width reductions require review as a variance per RMC 4-3-050.N.3. f. Averaging of Buffer Width: Standard wetland buffer zones may be modified by averaging buffer widths. Upon applicant request, wetland buffer width averaging may be allowed by the Department Administrator only where the applicant demonstrates all of the following: (1) The averaging is necessary to avoid denial of reasonable use to the applicant caused by circumstances peculiar to the property; and (2) That the wetland contains variations in sensitivity due to existing physical characteristics; and (3) That only low impact land uses would be located adjacent to areas where buffer width is reduced, and that such low impact land uses are guaranteed by covenant, deed restriction, easement or other legally binding mechanism; and (4) That width averaging will not adversely impact the wetland function and values; and (5) That the total area contained within the wetland buffer after averaging is no less than that contained within the required ail standard buffer prior to averaging. (6) In no instance shall the buffer width be reduced by more ,44:11- than fifty percent (50%) of the standard buffer or be less than twenty-five feet (25') wide. Greater buffer width reductions require review as a variance per RMC 4-3- 050.N.3 and RMC 4-9-250.B. (7) Buffer enhancement in the areas where the buffer is reduced may be required on a case-by-case basis where appropriate to site conditions, wetland sensitivity, and proposed land development characteristics. r 52 • • 2DINANCE NO. 4835 •. 7. Wetlands - Native Growth Protection Areas: v.. a. Protection Area Required: As a condition of any approval issued ,., pursuant to this section for any development permit, the property owner shall be required to create a separate Native Growth Protection Area containing the areas determined to be wetland ,1.. and/or wetland buffer in field investigations performed pursuant to RMC 4-3-050.M.4, Delineation of Regulatory Edge of Wetlands, and 5, Determination of Wetland Classification. b. Establishment: Native Growth Protection Areas shall be established pursuant to RMC 4-3-050.G or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. c. Fencing May Be Required: The City shall require permanent fencing of the Native Growth Protection Area containing wetlands and associated buffers when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal. The City shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact •• introduced. 8. Wetland Changes - Alternative Methods of Development: If wetland changes are proposed for a non-exempt activity, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order and provide reasons why a less intrusive method of development is not feasible. In determining whether to grant permit approval per Rii MC 4-3-050M.2., General Standards for Permit Approval, the Reviewing Official shall make a determination as to whether the feasibility of less intrusive methods of development have been 1111111 adequately evaluated and that less intrusive methods of development are not feasible: a. Avoid any disturbances to the wetland or buffer; b. Minimize any wetland or buffer impacts; c. Restore any wetlands or buffer impacted or lost temporarily; and d. Compensate for any permanent wetland or buffer impacts by one of the following methods: IMP (1) Restoring a former wetland and provide buffers at a site once exhibiting wetland characteristics to compensate for wetlands lost; (2) Creating new wetlands and buffers for those lost; and ... (3) In addition to restoring or creating a wetland; enhancing an existing degraded wetland to compensate for lost functions and values. vui u�..>. J Vr • ORDINANCE NO. 4835 'a 9. Compensating For Wetlands Impacts: a- Goal: The overall goal of any c.,mpensatory protect shall he no net loss of wetland function and run nn and project strive for net lw lu Luul. Vla u"t. - u to Jlvl, ,V1 u u The gain in wetlands over present conditions. i Te concept o \'n net loss- means to create restore and/or enhance a wetland cn LIV net LV JJ .) to create. restore fill/Vl enhance U L !U so that there is no reduction to total wetland acreage and/or function. Ulan Requirements: The applicant shall develop a plan +}-...t L/. a .w.1 airy t...�.........✓. 111V u}J}/11l:LILAC shall develop u plan provides for land acquisition. construction, maintenance and monitoring of replacement wetlands that recreate as nearly as possible the wetland being replaced in terms of acreage. function. L t 1 , rranarnnhir inratinn purl cettinrn anti that arc' Pmwl in nr larrr.nr than C I.V 41 U}Jl ill+ 1LJV.A./W/1 LIU CL1hLGC.. U uu 1111 tL UIL 1.11UU1 V Gt.l 1.11U11 the original wetlands. c. Plan Performance Standards: compensatory mitigation shall follow an approved mitigation elan pursuant to RMC 4-3-050.1`4.8 MIli shall the following minimum pertormance lrl.a V and J,1ul, meet tall, 1V a1V Yr ill` 11,11,1,1,N1,1 }/I.l LV11tlU11Vv standards_ The applicant shall: applicant (1 i fmm�nctratc sufficient ccient,l-ir evnnrfiwP the �nparr-icnry 1 / L1.L11V 11JL1 Ulf, sufficient JV 11.11L,11V Alll,l LLJI. ALL, LA}/Awl V 1JV1= capability, and the financial resources to carry out the project; and a t2) Demonstrate the capability for monitoring the site and }to make corrections dlurin`, the monitorinrl�., period LA the project fails to meet projected goals; and 31 Protect and manage, or provide for the protection and management, of the compensation area to avoid farther 1 dan-alopment nr rlegrarlation and to provide for lon`_term \.Ylr1V}1111V t11 Vl uV S1UUUL1V t1 411u Ll/ }/1V Y Luv Vl 1 persistence of the compensation area: and 1 l , (4) Provide for project monitorinu and sallow annual Pity inspections. d A`•`•entµl kL ill win - Per rn.i Vtl n�nt .sklitl ri Im nin,(ttv• A u N• . it i.l.l t.�L. .tJ r person who alters regulated wetlands shall restore or create equivalent areas or granter areas of Ir-etlanrlc than those altered in L.al lu ruluu areas or <,vutl.v areas Va. vv� ulauJ than those altered in order order to compensate for wetland losses. Enhancement of wetlands 1 may be provided as mitigation if conducted in conjunction provided ltlLULlV II it is V11UUl, l.0 conjunction ll with mitigation proposed to create or restore a wetland in order to proposed maintain "no-net- loss" of wetland acreage. R.MM. 4-3-9s9.M.1 vl through 12 provides further detail on wetland restoration. creation_ a 1 , , and enhancement. e: Restoration. Creation. or Combined Enhancement Required - f'o 1pensL1t ttijt* for PermanentPermanentI',et1:.1h1 r)■Y Impacts: 110 a condition i of anypermit allowing alteration of wetlands and/or wetland buffers. or as an enforcement action the City shall require that the vulll,l J. Vl UJ U 1' t - tlI torat•,., t:,.« 4 ti 1 l tl.eir ui/inii:Fiiit i:ii`ii`e, lii un, re, unatiini d)r CrCiitii.ii i�i 'v`vCtiapiLS Fii�u uiL,u buffers f.... C....l•.... . f tl....... . �t:..:t:....1 i,�..to . ffs:-t tL..-. impacts lilt._„ I111 alulu` of I_IIL.,a_ ctI.t,villL .l in iirllt I u1 l u,. 1 I_lh. a .. " ZDINANCE NO. 4 8 3 5 resulting from the applicant's or violator's actions. Enhancement in conjunction with restoration or creation may be allowed in order to offset the impacts resulting from an applicant's actions. Enhancement is not allowed as compensation for a violator's actions. Compensating for Temporary Wetland Impacts: Where wetland disturbance has occurred during construction or other activities, see RMC 4-3-050.C.5.£3. g. Mitigation Bank Agreement - Glacier Park Company: Pursuant to the Wetland Mitigation Bank Agreement between the City and the Glacier Park Company, King County recording number 9206241805, wetland alteration and wetland mitigation shall be conducted in accordance with the agreement. 10. Wetland Compensation--Restoration, Creation, and Enhancement: The applicant may propose a mitigation approach that includes restoration or creation solely or combines restoration or creation with enhancement. The City may require one mitigation approach in favor of another if it is determined that: a. There is a greater probability of success in ensuring no-net-loss of WIMP wetlands acreage, functions, and values; and b. The mitigation approach can be accomplished on-site rather than .. - off-site. 11. Wetlands Creation and Restoration. a. Creation or Restoration Proposals: Any applicant proposing to alter wetlands may propose to restore wetlands or create new wetlands, with priority first for on-site restoration or creation and VIMthen second, within the drainage basin, in order to compensate for wetland losses. Restoration activities must include restoring lost hydrologic, water quality and biologic functions. b. Compliance with Goals: Applicants proposing to restore or create wetlands shall identify how the restoration or creation plan conforms to the purposes and requirements of this section and established regional goals of no net loss of wetlands. c. Category: Where feasible, created or restored wetlands shall be a �.. higher category than the altered wetland. In no cases shall they be lower, except as follows: For impacts to Category 1 shrub-scrub and emergent wetlands, if it is infeasible to create or restore a site to become a Category 1 wetland, the Administrator may allow for creation/restoration of high quality Category 2 wetlands at 150% of the normally required creation/replacement ratios of Category 1 shrub-scrub or emergent wetlands, within the basin. 55 ORDINANCE NO. 4 8 3 5 d. Design Criteria: Requirements for wetland restoration or creation as compensation areas shall be determined according to the function, acreage, type and location of the wetland being replaced. Compensation requirements should also consider time factors, the ability of the project to be self-sustaining and the projected success based on similar projects. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple or cooperative compensation projects may be proposed for one project in order to best achieve the goal of no net loss. Restoration or creation must be within the same drainage basin. e. Acreage Replacement Ratio: The ratios listed in RMC 4-3- 050M.11.e.i. - Ratios For Wetland Creation Or Restoration, apply to all Category 1, 2, or 3 wetlands for restoration or creation which is in-kind, on- or off- site, timed prior to alteration, and has a high • probability of success. The required ratio must be based on the wetland category and type that require replacement. Ratios are determined by the probability of recreating successfully the wetland and the inability of guarantees of functionality, longevity, and duplication of type and/or functions. f. Increased Creation/Restoration/Replacement Ratios: The a Reviewing Official may increase the ratios under the following circumstances: uncertainty as to the probable success of the proposed restoration or creation; significant period of time between destruction and replication of wetland functions; projected losses in functional value; or off-site compensation. The requirement for an increased replacement ratio will be determined through SEPA review, except in the case of remedial actions resulting from illegal alterations where the Department Administrator or Environmental a Review Committee may require increased wetland replacement ratios. g. Decreased Creation/Restoration/Replacement Ratios: (1) Category 1. The Reviewing Official may decrease the ratios for Category 1 forested and scrub-shrub wetlands to 2.0 times the area altered, and to 1.5 times the area altered for emergent wetlands, provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for five (5) years. (2) Category 2. The Reviewing Official may decrease the ratios for Category 2 forested and scrub-shrub wetlands to 1.5 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for a 56 *CITWINANCE NO. 4 8 3 5 two (2) years. Ratios for Category 2 emergent wetlands may be reduced to 1.25 times the area altered provided the applicant has successfully replaced the wetland prior to its °""' filling and has shown that the replacement is successfully established for two (2)years. ,.. (3) Category 3. (i) The Reviewing Official may decrease the ratios for Category 3 emergent wetlands to 1.0 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for twelve (12) months. Ratios for Category 3 scrub-shrub and forested wetlands may be reduced to 1.25 times the area altered provided SIN the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. (ii) If the applicant can aggregate two (2) or more ••. Category 3 wetlands, each less than ten thousand (10,000) square feet, into one wetland, the replacement ratio shall be reduced to 1:1. If the combined wetland would be rated as a Category 2 wetland as a result of the combination, the buffer requirement may be reduced to 25 feet minimum provided the buffer is enhanced. h. Category 3 Replacement Option: The applicant, at his/her expense, may select to use accepted Federal or State methods to .r establish the functions and values for the Category 3 wetland being replaced in lieu of replacement by acreage only. A third party review, funded by the applicant, and hired and managed by the City, shall review and verify the reports. Dependent upon the results of the functions and values evaluation, a Category 3 wetland may be replaced by assuring that all the functions and values are replaced in another location, within the same basin. Minimum Restoration/Creation Ratio: Unless allowed by subsection 11.g above, restoration or creation ratios may only be reduced by modification or variance pursuant to RMC 4-3-050.N, Alternates, Modifications and Variances, and RMC 4-9-250.B, Variance Procedures, and D, Modification Procedures. In order to maintain no-net-loss of wetland acreage, in no case shall the restoration or creation ratio be less than 1:1. This minimum ratio may not be modified through the modification or variance process. 57 ORDINANCE NO. 4 8 3 5 0 12. Wetland Enhancement: lad a. Enhancement Proposals - Combined with Restoration and Creation: Any applicant proposing to alter wetlands may propose to enhance an existing degraded wetland, in conjunction with "i restoration or creation of a wetland in order to compensate for wetland losses. Wetland enhancement shall not be allowed as rii compensation if it is not accomplished in conjunction with a proposal to restore or create a wetland. b. Evaluation Criteria: A wetland enhancement compensationsi project may be approved by the Reviewing Official provided that enhancement for one function will not degrade another function. ii Wetland function assessment shall be conducted in conformance with accepted Federal or State methodologies. c. Wetlands Chosen for Enhancement: An applicant proposing to tio alter wetlands may propose to enhance an existing Category 2 or 3 wetland. Existing Category 1 wetlands shall not be enhanced to compensate for wetland alteration unless the wetland selected for enhancement is a Category 1 wetland only by virtue of its acreage and three vegetation classes, where the existing vegetation is characterized partly or wholly by invasive wetland species. sii d. Mitigation Ratios: Wetland alterations shall be created, restored and enhanced using the formulas in RMC 4-3-050.M.12.d.i, Ratios for Wetland Restoration or Creation plus Enhancement. The ` following is an example of use of the formulas below: if 1 acre of Category 2, forested wetland, were proposed to removed, the creation/replacement ratio (RMC 4-3-050M.11.e.i.) requires that 3 'ta acres of forested Category 2 wetland be restored or created; if wetland enhancement were proposed (RMC 4-3-050M.12.d.i.) for the Category 2, forested wetland, 1.5 acres of forested Category 2 omi wetland would have to be created/restored and 2 acres of forested Category 2 wetland enhanced, possibly a different part of the same wetland." ei e. Ratio Modification and Minimum Restoration/Creation Ratio: An applicant may propose an increased creation or restoration ratio No and a decreased enhancement ratio if the total combined ratio is maintained overall. Restoration/creation or enhancement ratios shown in subsection 12.d may only be reduced by modification or lei variance pursuant to RMC 4-3-050.N.3, Alternatives, Modifications and Variances, and RMC 4-9-250.B, Variance Procedures, and D, Modification Procedures. In order to maintainiii no-net-loss of wetland acreage, in no case shall the restoration or creation ratio be less than 1:1. This minimum ratio may not be modified through the variance process. idi NIS a' 58 a b1{DINANCE NO. 4 8 3 5 "vor 4-3-050M.11.e.i. RATIOS FOR WETLANDS CREATION OR RESTORATION: Wetland Category Vegetation Type Creation/Restoration Ratio Category 1 Forested 6 times the area altered. Very High Quality Scrub-shrub 3 times the area altered. Emergent 2 times the area altered. Category 2 Forested 3 times the area altered. High Quality Scrub-shrub 2 times the area altered. Emergent 1.5 times the area altered. Category 3 Forested 1.5 times the area altered. Lower Quality Scrub-shrub 1.5 times the area altered. Emergent 1.5 times the area altered. IWO Oli IMP IMP 59 ORDINANCE NO. 4 8 3 5 a 111111° RMC 4-3-050M.12.d.i. RATIOS FOR writ WETLAND RESTORATION OR CREATION PLUS ENHANCEMENT Wetland Vegetation Restoration or Enhancement Category Type Creation Ratio Ratio Category 1 Forested 3 times the area plus 3.5 times the Very High altered area altered Quality Scrub- 1.5 times the plus 2 times the area shrub area altered altered Emergent 1 times the area plus 1.5 times the di altered area altered Category 2 Forested 1.5 times the plus 2 times the area High Quality area altered altered Scrub- 1 times the area plus 1.5 times the shrub altered area altered Emergent 1 times the area plus 1 times the area altered altered Category 3 Forested 1 times the area plus 1 times the area Lower Quality altered altered Scrub- 1 times the area plus 1 times the area shrub altered altered r Emergent 1 times the area plus 1 times the area altered altered 13. Out-of-Kind Replacement: Out-of-kind replacement may be used in place of in-kind compensation only where the applicant can demonstrate to the satisfaction of the Reviewing Official that: a. The wetland system is already significantly degraded and out-of- kind replacement will result in a wetland with greater functional value; or b. Scientific problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible or unacceptable; or tt c. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). Nied a 60 11RDINANCE NO. 4835 ..., 14. Off-Site Compensation: a. When Permitted: Off-site compensation may be provided in lieu of on-site compensation only where the applicant can demonstrate that: (1) The hydrology and ecosystem of the original wetland and those adjacent land and/or wetlands which benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and (2) On-site compensation is not feasible due to problems with hydrology, soils, or other factors; or (3) Compensation is not practical due to potentially adverse impact from surrounding land uses; or (4) Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (5) Established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been addressed and strongly justify location of compensatory measures at another site. b. Locations: Any off-site compensation approved by the City shall aW occur within the same drainage basin as the wetland loss occurred. In the City, the drainage basins are the Black River (includes the Green River Valley), Lower Cedar River, East Lake Washington, West Lake Washington, Duwamish, and May Creek. c. Siting Recommendations: In selecting compensation sites, the City encourages applicants to pursue siting compensation projects in disturbed sites which were formerly wetlands, and especially those areas which would result in a series of interconnected wetlands. d. Timing: Compensatory projects shall be substantially completed and approved by the City prior to the issuance of an occupancy permit. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. The Reviewing Official may elect to require a surety device for completion of construction. 15. Cooperative Wetland Compensation: Mitigation Banks or Special Area Management Programs (SAMP): a. Applicability: The City encourages, and will facilitate and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project under the following circumstances: 61 ORDINANCE NO. 4 8 3 5 NNW (1) Restoration or creation on-site may not be feasible due to problems with hydrology, soils, or other factors; or (2) Where the cooperative plan is shown to better meet established regional goals for flood storage, flood conveyance, habitat or other wetland functions. b. Process: Applicants proposing a cooperative compensation project shall: (1) Submit a permit application; (2) Demonstrate compliance with all standards; (3) Demonstrate that long-term management will be provided; and (4) Demonstrate agreement for the project from all affected property owners of record. rr c. Mitigation Banks: Mitigation banks are defined as sites which may be used for restoration, creation and/or mitigation of wetland ad alternatives from a different piece of property than the property to be altered within the same drainage basin. The City of Renton maintains a mitigation bank. A list of City mitigation bank sites is maintained by the Planning/Building/ Public Works Department. With the approval of the Planning/Building/ Public Works Department, non-city controlled mitigation banks may be established and utilized. d. Special Area Management Programs: Special area management programs are those wetland programs agreed upon through an interjurisdictional planning process involving the U.S. Army Corps of Engineers, the Washington State Department of Ecology, any affected counties and/ or cities, private property owners and other parties of interest. The outcome of the process is a regional wetlands permit representing a plan of action for all wetlands within the special area. e. Compensation Payments to Mitigation Bank: Compensation payments, amount to be determined by the Reviewing Official, received as part of a mitigation or creation bank must be received prior to the issuance of an occupancy permit. 16. Mitigation Plans: a. Required for Restoration, Creation and Enhancement Projects: All wetland restoration, creation, and enhancement in conjunction with restoration and creation projects required pursuant to this section either as a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared by qualified wetland specialists approved by the City. Nod 62 rRDINANCE NO. 4 8 3 5 b. Timing for Mitigation Plan Submittal and Commencement of any Work: The proponent shall submit a Final Wetland Mitigation Plan for the approval of the Development Services Division prior to the issuance of building or construction permits for development. The proponent shall receive written approval of the mitigation plan prior to commencement of any wetland restoration or creation activity. c. Content of Mitigation Plan: Unless the City, in consultation with -- qualified wetland specialists, determines, based on the size and scope of the development proposal, the nature of the impacted wetland and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced, the mitigation plan shall address all requirements in RMC 4-8-120.D.23, Wetland �. Mitigation Plan. 17. Surety Devices: a. Performance Surety Device Required: The City shall require the applicant of a wetlands permit proposal to post a performance surety device acceptable to the City such as a letter of credit, -- irrevocable set-aside letter or cash. (1) Amount of Performance Surety Device: The device shall be in an amount equivalent to one and one-half (1 1/2) times the estimated cost of the performance and with surety and conditions sufficient to fulfill the requirements of RMC 4-3-050.M.9, Compensating for Wetlands Impacts, and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the surety device shall be consistent with the purposes of this section. The amount of the security can be modified to reflect more current data, particularly a signed contract. (2) Breach of Conditions: In the event of a breach of any condition of any permit protected by a surety device, the City may institute an action in a court of competent jurisdiction upon such surety device and prosecute the same to judgment and execution. (3) Release of Performance Security Device: Until such written release of the surety device, the principal or surety cannot be released. The City shall release the surety device upon determining that: • All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions ••� of the permit and the requirements of this section; and 63 ORDINANCE NO. 4 8 3 5 • Upon the posting by the applicant of a maintenance surety device. b. Maintenance Surety Device Required: The City shall require the holder of a development permit issued pursuant to this section oil to post cash or other security acceptable to the City such as letter of credit or irrevocable set- aside letter in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this section perform satisfactorily for a minimum of five (5) years after they have been completed. The City shall release the maintenance surety device upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. For mitigation projects, the performance standards shall be those contained in the mitigation plan developed pursuant to RMC 4-3-050.M.16. and approved during the permit review process. The maintenance surety device applicable to a compensation project shall not be released until the Department Administrator determines that performance standards established for evaluating the effect and success of the project have been met. N. ALTERNATES, MODIFICATIONS AND VARIANCES: . Alternates: a. Applicability: See RMC 4-9-250.E 2. Modifications: a. Applicability: The Department Administrator may grant a' modifications, per RMC 4-9-250.D.1., application Time and Decision Authority, in the following circumstances: a (1) Aquifer Protection [Reserved] (2) Geologic Hazards - Modifications: An applicant may request that the Department Administrator grant a ail modification to allow: (i) Regrading of any slope which was created through previous mineral and natural resource recovery activities or was created prior to adoption of applicable mineral and natural resource recovery regulations or through public or private road installation or widening and related transportation improvements, railroad track installation or improvement,or public or private utility installation activities; a I 64 1