HomeMy WebLinkAboutORD 5757CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5757
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
1-3-2, OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE),
SECTIONS 4-3-050 AND 4-3-120 OF CHAPTER 3, ENVIRONMENTAL
REGULATIONS AND OVERLAY DISTRICTS, SECTION 4-8-120 OF CHAPTER 8,
PERMITS -GENERAL AND APPEALS, SECTION 4-9-250 OF CHAPTER 9, PERMITS
-SPECIFIC, AND SECTIONS 4-11-040, 4-11-190 AND 4-11-230, OF CHAPTER 11,
DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON
MUNICIPAL CODE, BY UPDATING THE CITY'S CRITICAL AREAS REGULATIONS,
INCLUDING REPEALING THE CURRENT LANGUAGE IN 4-3-050 AND ADOPTING
NEW LANGUAGE, REVISING CERTAIN DEFINITIONS, AND MAKING CERTAIN
VIOLATIONS OF TITLE IV CIVIL INFRACTIONS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 1-3-2.A.l, Code Violations, of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is hereby amended as
follows:
1. Code Violations: Violations of RMC Chapters 4-2 (Zoning Districts -
Uses and Standards), 4-3 (Environmental Regulations and Overlay Districts,
except as it relates to Adult Retail and Entertainment, Critical Area, and
Shoreline Master Program Regulations), 4-4 (City-Wide Property Development
Standards), 4-5 (Building and Fire Prevention Standards, except as it relates to
multi-family homes), 4-6 (Street and Utility Standards), 4-9 (Permits -Specific),
4-10 (Legal Nonconforming Structures, Uses and Lots), 5-5 (Business Licenses), 8-
2 (Storm And Surface Water Drainage), 8-4 (Water), 8-5 (Sewers), 8-7 (Noise
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Level Regulations), 9-8 (Sidewalk Construction) and 9-10 (Street Excavations),
shall be considered civil code violations under this Section.
SECTION II. Section 4-3-050, Critical Areas Regulations, of Chapter 3, Environmental
Regulations and Overlay Districts, of Title IV (Development Regulations) of the Renton
Municipal Code, is hereby repealed in its entirety and replaced with the following language:
4-3-050 CRITICAL AREAS REGULATIONS:
A. PURPOSE:
The purposes of this section are to:
1. Manage development activities to protect environmental quality,
promote diversity of species, and habitat within the City;
2. Ensure that activities in or affecting critical areas do not threaten
public safety, cause nuisances, or destroy or degrade critical area functions and
values;
3. Prevent the loss of critical area acreage and functions and strive for a
net gain over present conditions through restoration where feasible;
4. Assist or further the implementation of the policies of the Growth
Management Act, the State Environmental Policy Act, and the City
Comprehensive Plan;
5. Provide City officials with information to evaluate, approve, condition
or deny public or private development proposals with regard to critical area
impacts;
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6. Protect the public life, health, safety, welfare, and property by
minimizing and managing the adverse environmental impacts of development
within and abutting critical areas;
7. Protect the public from:
a. Avoidable monetary losses due to maintenance and replacement
of public facilities and utilities, property damage, public mitigation of avoidable
impacts, and public emergency rescue and relief operations; and
b. Potential litigation on improper construction practices occurring
in critical areas;
8. Reduce the potential for damage to life and property from
abandoned coal mines, and return the land to productive uses;
9. Maintain, to the extent practicable, a stable tax base by providing for
the sound use and development of areas of flood hazard areas so as to minimize
future flood blight areas; and
10. Protect riparian habitat in order to provide for bank and channel
stability, sustained water supply, flood storage, recruitment of woody debris,
leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other
functions that are important to both fish and wildlife.
B. APPLICABILITY:
1. Lands to Which These Regulations Apply and Non-regulated Lands:
The following critical areas are regulated by this section. Multiple development
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standards may apply to a site feature based upon overlapping critical area(s)
and/or critical area classifications:
a. Flood hazard areas.
b. Steep slopes (must have a minimum vertical rise of fifteen feet
(15')), landslide hazards, erosion hazards, seismic hazards, and/or coal mine
hazards or on sites within fifty feet (50') of steep slopes, landslide hazards,
erosion hazards, seismic hazards, and/or coal mine hazards classified under RMC
4-3-0SO.G.S.a which are located on abutting or adjacent sites.
c. Habitat Conservation Areas.
d. Streams and Lakes. All applicable requirements of this section
apply to Class F, Np, and Ns water bodies, as defined in subsection F.7 of these
regulations or on sites within one hundred feet (100') of Class F, Np, and Ns
water bodies, except Type S water bodies, inventoried as "Shorelines of the
State", are not subject to this section, and are regulated in RMC 4-3-090,
Shoreline Master Program Regulations, and RMC 4-9-197, Shoreline Permits.
e. Wellhead Protection Areas.
f. Wetlands, Categories I, II, Ill, and IV or on sites within two
hundred feet (200') of Category I, II, Ill, and IV wetlands.
Wetlands created or restored as a part of a mitigation project are
regulated wetlands. Regulated wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
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wastewater treatment facilities, farm ponds, 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.
g. Sites Separated from Critical Areas, Nonregulated: As
determined by the Administrator, these regulations may not apply to
development proposed on sites that are separated from critical areas by pre-
existing, intervening, and lawfully created structures, roads, or other substantial
existing improvements. For the purposes of this section, the intervening
lots/parcels, roads, or other substantial improvements shall be found to:
i. Separate the subject upland property from the critical area
due to their height or width; and
ii. Substantially prevent or impair delivery of most functions
from the subject upland property to the critical area. Such determination and
evidence shall be included in the application file. Public notification shall be
given as follows:
i. For applications that are not subject to notices of application
pursuant to Chapter 4-8 RMC, notice of the buffer determination shall be given
by posting the site and notifying parties of record, if any, in accordance with
Chapter 4-8 RMC.
ii. For applications that are subject to notices of application, the
buffer determination or request for determination shall be included with notice
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of application. Upon determination, notification of parties of record, if any, shall
be made.
2. Activities to Which These Regulations Apply: The provisions of this
section shall apply to any regulated activity that potentially affects a critical area
or its buffer unless otherwise exempted by these regulations. Where a regulated
activity would be partly within and partly outside a critical area or its buffer, the
entire activity shall be reviewed pursuant to the requirements of this section.
Applicable activities are as follows:
a. Removing, excavating, disturbing, or dredging soil, sand, gravel,
minerals, organic matter or materials of any kind.
b. Dumping, discharging, or filling with any material.
c. Draining, flooding, or disturbing the water level or water table, or
diverting or impeding water flow.
d. Driving pilings or placing obstructions.
e. Constructing, substantially reconstructing, demolishing, or
altering the size of any structure or infrastructure.
f. Destroying or altering vegetation through clearing, grading,
harvesting, shading, or planting vegetation that would negatively affect the
character of a critical area.
g. Changing, significantly, water temperature, physical or chemical
characteristics of water sources, including quantity and pollutants by any
activity.
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h. Affecting, potentially, a critical area or buffer by any other activity
not otherwise exempt from the provisions of this section as determined by the
department.
C. EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES:
1. Permit Required:
a. Development or Alteration: Prior to any development or
alteration of a property containing a critical area as defined in RMC 4-3-050.8,
entitled Applicability, 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.
b. Operating and Closure Permits -Wellhead Protection Areas:
Wellhead Protection Areas operating permit and closure permit requirements
are contained in RMC 4-9-015, Wellhead Protection Areas Permits.
2. Letter of Exemption:
a. Flood Hazard Areas, Geologically Hazardous Areas, Habitat
Conservation Areas, Streams and Lakes, Wellhead Protection Areas, Wetlands:
Except in the case of public emergencies, all other exemptions in RMC 4-3-050.(
may require that a letter of exemption be obtained from the Administrator prior
to construction or initiation of activities.
b. Applicability of Requirements to Exempt Activities: Exempt
activities provided with a letter of exemption may intrude into the critical area or
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required buffer subject to any listed conditions or requirements. Exempt
activities do not need to comply with mitigation ratios of RMC 4-3-050.J unless
required in exemption criteria.
c. Reports and Mitigation Plans Required: A critical area report,
and/or enhancement or mitigation plan shall be required pursuant to RMC 4-3-
050.F and 4-3-050.L., unless otherwise waived by the Administrator.
d. Administrator Findings: In determining whether to issue a letter
of exemption for activities listed in RMC 4-3-050.C, the Administrator shall find
that:
i. The activity is not prohibited by this or any other provision of
the Renton Municipal Code or State or Federal law or regulation;
ii. The activity will be conducted using best management
practices as specified by industry standards or applicable Federal agencies or
scientific principles;
iii. Impacts are minimized and, where applicable, disturbed areas
are immediately restored;
iv. Where water body or buffer disturbance has occurred in
accordance with an exemption during construction or other activities,
revegetation with native vegetation shall be required;
v. If a hazardous materiat activity, and/or facility that is exempt
pursuant to this section has a significant or substantial potential to degrade
groundwater quality, then the Administrator may require compliance with the
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Wellhead Protection Area 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.
3. Exemptions-Critical Areas and Buffers: 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 or better following 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. Whether the exempted activities are also exempt from permits will be
determined based upon application of Chapters 4-8 and 4-9 RMC, or other
applicable sections of the Renton Municipal Code.
EXEMPT ACTIVITIES-PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
Streams
and
Lakes:
Flood Geologic Habitat Type F, Wellhead
Hazard Hazard Conservation Np,& Protection
EXEMPT ACTIVITY Areas Area Area Ns Areas Wetlands
a. Conservation, Enhancement, Education and Related Activities:
i. Natural
Resource/Habitat X X X X xl X Conservation or
Preservation 2
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ii. Enhancement
activities as defined in X X X X X
Chapter 4-11 RMC.
iii. Approved X X X X xl X Restoration/Mitigation 3
b. Research and Site Investigation:
i. Nondestructive X X X X xl X Education and Research.
ii. Site Investigative X X X X xl X Work4
c. Agricultural, Harvesting, Vegetation Management:
i. Harvesting Wild X X X X xl X Foods 5
ii. Existing/Ongoing X X X X X Agricultural Activities6
iii. Dangerous Trees 7 X X X xs xl xs
d. Surface Water:
i. New Surface Water X X X Discharges 9
ii. Modification of
existing Regional X
Stormwater Facilities 10
iii. Flood Hazard Areas X X Reduction 11
iv. Storm Drainage X Piping 12
e. Roads, Parks, Public and Private Utilities18:
i. Relocation of Existing
Utilities out of Critical X X X X xl X
Area and Buffer13
ii. New trails, existing
Parks, Trails, Roads,
Facilities, and Utilities-
Maintenance, X X X X
Operation, Repair, and
the Construction of New
Trails 14
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iii. Utilities, Traffic
Control, Walkways,
Bikeways Within X X X X Existing, Improved
Right-of-Way or
Easements 15
iv. Modification of
Existing Utilities and X x17 x17
Streets by Ten Percent
(10%) or Less 16
f. Temporary Wetland Impacts:
i. Temporary Wetland X X lmpacts 19
g. Maintenance and Construction-Existing Uses and Facilities:
i. Remodeling,
Replacing, Removing
Existing Structures, X X X X
Facilities, and
lmprovements20
ii. Maintenance and
Repair-Any Existing X X X X
Public or Private Use 21
iii. Modification of an
Existing Single Family X X X X
Dwelling22
iv. Existing Activities23 X X X X X
h. Emergency Activities:
i. Emergency Activities 24' X X X X xl X 25,26,27
i. Hazardous Materials:
i. Federal or State xl
Preemption 28
-------------
ii. Use of Materials with xl
No Risk 29
Footnotes:
1. 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 Administrator may require compliance with the Wellhead Protection
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Area requirements of this section otherwise relevant to that hazardous material
activity and/or facility.
2. Conservation or preservation of soil, water, vegetation, fish and other wildlife.
3. Any critical area and/or buffer restoration or other mitigation activities which
have been approved by the City.
4. Site 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 one to one (1:1) ratio.
5. The harvesting of wild foods in a manner that is not injurious to natural
reproduction of such foods and provided the harvesting does not require tilling of
soil, planting of crops or alteration of the critical area.
6. Existing and ongoing agricultural activities including farming, horticulture,
aquaculture and/or maintenance of existing irrigation systems. Activities on areas
lying fallow as part of a conventional rotational cycle are part of an ongoing
operation; provided, that the agricultural activity must have been conducted
within the last five (5) years. Activities that bring a critical area into agricultural
use are not part of an ongoing operation. Maintenance of existing legally installed
irrigation, ditch and pipe systems is allowed; new or expanded irrigation, ditch,
outfall or other systems are not exempt. If it is necessary to reduce the impacts of
agricultural practices to critical areas, a farm management plan may be required
based on the King County Conservation District's Farm Conservation and Practice
Standards, or other best management practices.
7. Removal of non-native invasive ground cover or weeds listed by King County
Noxious Weed Board or other government agency or dangerous trees, as defined
in Chapter 4-11 RMC which have been approved by the City and certified
dangerous by a licensed landscape architect, or certified arborist, selection of
whom to be approved by the City based on the type of information required.
8. Limited to cutting of dangerous trees; such hazardous trees shall be retained as
large woody debris in critical areas and/or associated buffers, where feasible.
9. New surface water discharges in the form of dispersion trenches, outfalls and
bioswales are allowed within the outer twenty-five percent (25%) of the buffer of
a Category Ill or IV wetland only provided that: the discharge meets the
requirements of the Storm and Surface Water Drainage Regulations (RMC 4-6-
030); no other location is feasible; and will not degrade the functions or values of
the wetland or stream. Where differences exist between these regulations and
RMC 4-6-030, these regulations will take precedence.
10. Modifications to existing regional stormwater management facilities operated and
maintained under the direction of the City Surface Water Utility that are designed
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consistent with the current version of the Washington State Department of
Ecology Wetlands and Stormwater Management Guidelines or meeting equivalent
objectives.
11. Implementation of public flood hazard areas reduction and public surface water
projects, where habitat enhancement and restoration at a one to one (1:1) ratio
are provided, and appropriate Federal and/or State authorization has been
received.
12. Installation of new storm drainage lines in any geologic hazard area when a
geotechnical report clearly demonstrates that the installation would comply with
the criteria listed in RMC 4-3-050.J.3 and that the installation would be consistent
with each of the purposes of the critical area regulations listed in RMC 4-3-050.A.
Also, to qualify for the exemption, the report must propose appropriate mitigation
for any potential impacts identified in the report.
13. 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.
14. Normal and routine maintenance, operation and repair of existing parks and trails,
or the construction of new 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 or to construct new trails 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.
15. Within existing and improved public road rights-of-way or easements, installation,
construction, replacement, operation, overbuilding 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. Where applicable, restoration of disturbed
areas shall be completed.
16. Overbuilding (enlargement beyond existing project needs) or replacement of
existing utility systems and replacement and/or rehabilitation of existing streets,
provided:
a. The work does not increase the footprint of the structure, line or street by
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more than ten percent (10%) within the critical area and/or buffer areas, and
occurs in the existing right-of-way boundary or easement boundary.
b. Restoration shall be conducted where feasible. Compensation for impacts to
buffers shall include enhancement of the remaining buffer area along the
impacted area where there is enhancement opportunity.
c. The Administrator determines that, based on best judgment, a person would
not: (i) be able to meaningfully measure, detect, or evaluate insignificant
effects; or (ii) expect discountable effects to occur.
d. This exemption allows for ten percent (10%) maximum expansion total, life of
the project. After the ten percent (10%) expansion cap is reached, future
improvements are subject to all applicable provisions of this section.
17. Exemption is not allowed in Category I wetlands.
18. Maintenance activities, including routine vegetation management and essential
tree removal, and removal of non-native invasive vegetation or weeds listed by
the King County Noxious Weed Board or other government agency, for public and
private utilities, road rights-of-way and easements, and parks.
19. Temporary disturbances of a wetland due 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 one to one (1:1) ratio. Category I wetlands
and Category II forested wetlands shall be enhanced at a two to one (2:1) ratio in
addition to being restored. For Habitat Conservation Areas, this exemption applies
only to Category I wetlands.
20. Remodeling, restoring, replacing or removing structures, facilities and other
improvements in existence or vested 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 4-10-090.
21. 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.
22. Additions and alterations of an existing single family residence and/or garage
(attached or detached); provided, that the addition/alteration does not increase
the footprint of the structure lying within the critical area or buffer; and provided,
that no portion of the addition/alteration occurs closer to the critical area or
required buffers than the existing structure unless the structure or addition can
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meet required buffers. Existing or rebuilt accessory structures associated with
single family dwelling and rebuilt with the same footprint such as fences, gazebos,
storage sheds, and play houses are exempt from this section. New accessory
structures may be allowed when associated with single family dwellings such as
fences, gazebos, storage sheds, play houses and when built on and located in a
previously legally altered area.
23. Existing activities which have not been changed, expanded or altered, provided
they comply with the applicable requirements of chapter 4-10 RMC.
24. Emergency activities are those which are undertaken to correct emergencies that
threaten the public health, safety and welfare. 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 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.
25. Emergency tree and/or ground cover removal by any City department or agency
and/or public or private utility involving immediate danger to life or property,
substantial fire hazards, or interruption of services provided by a utility.
26. Emergency activities in Wellhead Protection Areas: Public interest emergency use,
storage, and handling of hazardous materials by governmental organizations.
27. Temporary emergency exemptions shall be used only in extreme cases and not to
justify poor planning by an agency or applicant. 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 Administrator may issue a
temporary emergency exemption letter if the action meets the requirements:
a. An unacceptable threat to life or severe loss of property will occur if an
emergency permit is not granted;
b. 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;
c. 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.
The emergency exemption shall be consistent with the following procedural and
time requirements:
a. 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
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specified in RMC 4-3-050.C.
b. Any critical area altered as a result of the emergency activity must be
restored within the ninety {90) day period, 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.
c. 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.
d. Expiration of Exemption Authorization: The emergency exemption
authorization may be terminated at any time without process upon a
determination by the Administrator that the action was not or is no longer
necessary to protect human health or the environment.
28. Cleanups, monitoring and/or studies undertaken under supervision of the
Washington Department of Ecology or the U.S. Environmental Protection Agency.
29. Use, storage, and handling of specific hazardous materials that do not present a
risk to the aquifer as determined and listed by the Department.
4. Exemptions-in Buffers Only: The activities listed in the following table
are allowed within critical area buffers, and are exempt from the applicable
provisions of this section, provided a letter of exemption has been issued pursuant
to RMC 4-3-050.C. If an "X" appears in a box, the listed exemption applies in the
specified buffer. If an "X" does not appear in a box, then the exemption does not
apply in the required buffer. Whether the exempted activities are also exempt
from permits will be determined based upon application of Chapters 4-8 and 4-9
RMC, or other applicable sections of the Renton Municipal Code.
EXEMPTIONS WITHIN CRITICAL AREA BUFFERS
Flood Geologi Habitat Streams Wellhead
EXEMPT ACTIVITY Hazard c Conservatio and Protectio Wetlands
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Areas Hazard
Area
n Areas Lakes: n Areas
a. Activities in Critical Area Buffers:
i. Trails and Open Space 1
ii. Stormwater Treatment
and Flow Control Facilities
in Buffer2
iii. Stormwater Conveyance
in Buffer3
Footnotes:
X X
X
Types F,
Np,&
Ns
X
X
X
X
X
1. Walkways 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:
a. The trail, walkway, and associated open space shall be consistent with the
Parks, Recreation, and Natural Areas Plan. The City may allow private trails as
part of the approval of a site plan, subdivision or other land use permit
approvals.
b. Trails and walkways shall be located in the outer twenty-five percent (25%) 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:
i. Trail segments connecting to existing trails where an alternate alignment
is not practical.
ii. Public access points to water bodies spaced periodically along the trail.
c. Enhancement of the buffer area is required where trails are located in the
buffer. Where enhancement of the buffer area abutting a trail is not feasible
due to existing high quality vegetation, additional buffer area or other
mitigation may be required.
d. Trail widths shall be a maximum width of twelve feet (12'). Trails shall be
constructed of permeable materials which protect water quality, allow
adequate surface water and ground water movements, do not contribute to
erosion, are located where they do not disturb nesting, breeding, and rearing
areas, and designed to avoid or reduce the removal of trees. Impervious
materials may be allowed if pavement is required for handicapped or
emergency access, or safety, or is a designated nonmotorized transportation
route or makes a connection to an already dedicated trail, or reduces potential
for other environmental impacts.
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e. Any crossing over a stream or wetland shall be generally perpendicular to the
critical area and shall be accomplished by bridging or other technique designed
to minimize critical area disturbance. It shall also be the minimum width
necessary to accommodate the intended function or objective.
2. Stormwater management facilities shall not be built within a critical area buffer
except as allowed in Reference 5, Wetlands Protection Guidelines of the City's
Surface Water Design Manual and shall require buffer enhancement or buffer
averaging when they are sited in areas of forest vegetation, provided the standard
buffer zone area associated with the critical area classification is retained pursuant
to RMC 4-3-050.G.2, and is sited to reduce impacts between the critical area and
surrounding activities.
3. Necessary conveyance systems including stormwater dispersion outfall systems
designed to minimize impacts to the buffer and critical area, where the site
topography requires their location within the buffer to allow hydraulic function,
provided the standard buffer zone area associated with the critical area
classification is retained pursuant to RMC 4-3-050.G.2, and is sited to reduce
impacts between the critical area and surrounding activities.
5. Prohibited Activities: Prohibited activities are identified below for
each critical area governed by this section. 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.
a. Floodways: 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.G.4.e, Additional Restrictions within Floodways.
b. Streams/Lakes and Wetlands: Grazing of animals is not allowed
within a stream, lake, wetland or their associated buffers.
c. Wellhead Protection Areas:
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i. All Wellhead Protection Areas -Pesticides and Fertilizers: The
application of hazardous materials such as pesticides or fertilizers containing
nitrates within one hundred feet {100') of a well or two hundred feet (200') of a
spring.
ii. Zone 1, as identified in RMC 4-3-0SO.G.S:
(a) Changes in land use and types of new facilities in which any
of the following will be on the premises:
{1) More than five hundred (500) gallons of hazardous
material;
{2) More than one hundred fifty {150) gallons of hazardous
material in containers that are opened and handled;
(3) Containers exceeding five (5) gallons in size; or
(4) Tetrachloroethylene (e.g., dry-cleaning fluid).
(b) Surface impoundments (as defined in Chapters 173-303
and 173-304 WAC);
(c) Hazardous waste treatment, storage, and disposal facilities;
(d) All types of landfills, including solid waste landfills;
(e) Transfer stations;
(f) Septic systems;
(g) Recycling facilities that handle hazardous materials;
(h) Underground hazardous material storage and/or
distribution facilities;
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ORDINANCE NO. 5757
(i) New heating systems using fuel oil except for commercial
uses when the source of fuel oil is an existing above-ground waste oil storage
tank;
(j) Petroleum product pipelines;
(k) Hazardous materials use on the site in quantities greater
than that allowed for new facilities as provided in item a, changes in land use
and types of new facilities, of this subsection, once a facility is closed, relocated,
or the use of hazardous materials is terminated, reinstatement of the use of
hazardous materials shall be prohibited;
(I) Facility closure, sale, transfer or temporary or permanent
abandonment in a Wellhead Protection Area without complying with the
requirements of RMC 4-9-015.F, Closure Permit, and permit conditions of this
section; and
(m) Facility changes in operations that increases the aggregate
quantity of hazardous materials stored, handled, treated, used, or produced with
the following exception: An increase in the quantity of hazardous materials is
allowed up to the amount allowed for a new facility as provided by in item a,
changes in land use and types of new facilities, of this subsection.
iii. Zone 2, as identified in RMC 4-3-0SO.G.S:
(a) Surface impoundments (as defined in Chapters 173-303
and 173-304 WAC);
(b) Recycling facilities that handle hazardous materials;
20
storage tanks; and
ORDINANCE NO. 5757
(c) Hazardous waste treatment, storage, and disposal facilities;
(d) Solid waste landfills;
(e) Transfer stations;
(f) New heating systems using fuel oil stored in underground
(g) Petroleum product pipelines.
iv. Zone 1 Modified, as identified in RMC 4-3-0SO.G.S: The
prohibitions of Zone 1 Modified are the same as Zone 1 with the exceptions as
follows:
(a) Hazardous Materials Inventory: Existing facilities are not
subject to the five hundred (500) gallons maximum hazardous material quantity
limitation in Zone 1 and therefore don't have to reduce inventory or relocate.
Proposed facilities are subject to the maximum quantity.
(b) Septic Tanks: Existing septic tanks are allowed to remain
and new septic tanks are allowed if City sewers are not available.
(c) Surface Water Management: Infiltration of runoff is
allowed and pipe materials are not subject to Zone 1 specifications.
(d) Site Improvements: An existing facility that was in
compliance with improvements required at the installation of the facility is not
subject to new site improvements (groundwater monitoring, paving, runoff
control, etc.).
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ORDINANCE NO. 5757
6. Nonconforming 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 4-10-090,
Critical Areas Regulations-Nonconforming Activities and Structures.
D. ADMINISTRATION AND INTERPRETATION:
1. Interpretation: The 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.
Provisions contained within this section are considered the minimum
requirements and will not limit or repeal other provisions under state statute.
a. Relationship to Other Agencies and Regulations:
i. These critical areas regulations shall be in addition to zoning and
other regulations adopted by the City. Compliance with other regulations does
not exempt the applicant from critical areas regulations. In the event of any
conflict between these regulations and any other City regulations, those
regulations which provide the greater protection to critical areas shall apply.
ii. Any individual critical area adjoined by another type of critical
area shall have the buffer and meet the requirements that provide the most
protection to the critical areas involved. When any provision of this section or
any existing regulation, or easement, covenant, or deed restriction granted to
22
ORDINANCE NO. 5757
any governmental body conflicts with this section, that which provides more
protection to the critical areas shall apply.
iii. Compliance with the provisions of this section does not
constitute compliance with other federal, State, and local regulations and permit
requirements that may be required (for example, shoreline substantial
development or conditional use permits, shoreline variances, the Washington
State Department of Fish and Wildlife hydraulic project approval (HPA), Army
Corps of Engineers Section 404 permits, Department of Ecology 401 Water
Quality Certifications and National Pollution Discharge Elimination System
(NPDES) permits). The applicant is responsible for complying with these
requirements, apart from the process established in this section.
2. Duties of Administrator: The Administrator shall have the power and
authority to issue decisions relative to and enforce the provisions of this section.
a. Compliance: The City shall not grant any approval or permit any
regulated activity in a critical area or associated buffer prior to fulfilling the
requirements of this section.
b. Review: The Administrator shall review all development permits to
determine that the requirements of this section have been satisfied.
c. Finding of Conformance Required: Conformance with these critical
area regulations shall be a finding in any approval of a development permit or
aquifer protection area permit, and such finding shall be documented in writing
in the project file.
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ORDINANCE NO. 5757
3. Flood Hazard Areas:
Information to be Provided by Applicant: The applicant shall provide
the Administrator the following information:
i. The actual elevation, in relation to mean sea level, the North
American Vertical Datum of 1988 (NAVD 88), of the lowest floor (including
basement) of all new or substantially improved structures, and whether or not
the structure contains a basement where base flood elevation data is provided
through the flood insurance study or required ..
ii. For all new or substantially improved floodproofed structures:
(a) The applicant shall verify and have recorded the actual
elevation in relation to mean sea level, the North American Vertical Datum of
1988 (NAVD 88); and
(b) Flood elevation certificates shall be submitted by an
applicant to the Development Services Division prior to the building's finished
floor construction. Finished floor elevation should be verified by a
preconstruction 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 certificate will be provided prior to issuance of final
occupancy.
4. Wellhead Protection Areas:
24
ORDINANCE NO. 5757
a. Annual Inspections: All permitted facilities in a Wellhead
Protection Area will be subject to a minimum of one (1) inspection per year by a
Department inspector.
b. Potential to Degrade Groundwater-Zone 2:
i. Potential for Impacts Equal to Facility in Zone 1: If the
Administrator determines that an existing or proposed facility located in Zone 2
of a Wellhead Protection Area has a potential to degrade groundwater quality
which equals or exceeds that of a permitted facility in Zone 1, then the
Administrator may require that facility to fully comply with requirements for
Zone 1 contained in RMC 4-3-050.C.5.d,and RMC 4-3-050.G.8 ..
ii. Criteria: Criteria used to make the determination in RMC 4-3-
050.D.4, 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.
c. Finding of Conformance Required -Wellhead Protection Areas:
No changes in land use shall be allowed nor shall permits for development be
issued if the Department finds that the proposed 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
25
ORDINANCE NO. 5757
the potential for the land use, activity, or business to degrade groundwater
quality.
5. Review Authority: The Administrator shall have the authority to
interpret, apply, and enforce this section to accomplish the stated purpose.
Based upon site specific review and analysis, the City may withhold, condition, or
deny development permits or activity approvals to ensure that the proposed
action is consistent with this section
a. General: The Administrator is authorized to make the following
administrative allowances and determinations:
i. Issue a critical areas permit for proposals not otherwise
requiring a development permit.
250.E.
ii. Issue written letters of exemption.
iii. Allow temporary emergency exemptions.
iv. Interpret critical areas regulations.
v. Approve the use of alternates in accordance with RMC 4-9-
vi. Waive report content or submittal requirements provided
criteria to waive studies are met.
vii. Grant administrative variances to those specified code
sections listed in RMC 4-9-250.8.
viii. Require tests for proof of compliance.
ix. Grant modifications pursuant to RMC 4-9-250.0.
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ORDINANCE NO. 5757
b. Conditions of Approval: The Administrator is authorized, through
conditions of approval, to modify the proposal, including, but not limited to,
construction techniques, design, drainage, project size/configuration, or
seasonal constraints on development. Upon review of a special study, 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. A mitigation plan may be
required consistent with RMC 4-3-050.L.l.
c. Geologically Hazardous Areas, Habitat Conservation Areas,
Streams and Lakes, and Wetlands: The Administrator is authorized, pursuant to
subsection H, entitled Alterations To Critical Areas And/Or Buffers -General
Requirements, to make the following administrative allowances and
determinations:
hazard areas.
i. Geologically Hazardous Areas.
(a) Waive independent review of geotechnical reports.
(b) Increase or decrease required buffer for very high landslide
(c) Grant a modification for created slopes.
ii. Streams and Lakes:
(a) Approve proposals for buffer width reductions.
(b) Approve proposals for buffer width averaging.
iv. Wellhead Protection Areas:
27
ORDINANCE NO. 5757
(a) Issue operating and closure permits.
(b) Determine pipeline requirements.
(c) Determine if Zone 1 requirements should apply in Zone 2 of
a Wellhead Protection Area.
v. Wetlands:
(a) Determine whether wetlands are unregulated.
(b) Extend the valid period of a wetland delineation.
(c) Approve proposals for buffer width reductions of up to
twenty-five percent (25%).
(d) Approve proposals for buffer width averaging.
(e) Authorize other category level for created or restored
wetlands.
(f) Waive requirements of this section upon determination
that all 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.
E. MAPS:
1. Maps Show Approximate Location of Critical Areas: The approximate
location and extent of critical areas within the City are shown on the critical
areas inventory maps. The City supports a website, Maps and GIS Data, which
supports mapping applications, a map gallery, and downloadable GIS data. These
28
ORDINANCE NO. 5757
maps shall be used for informational purposes and as a general guide only, for
the assistance of property owners and other interested parties; the boundaries
and locations shown are generalized. The actual presence or absence, type,
extent, boundaries, and classification of critical areas on a specific site shall be
identified in the field by a qualified consultant and confirmed by the
Department, according to the procedures, definitions, and criteria established by
this section. In the event of any conflict between the critical area location or
designation shown on the City's maps and the criteria or standards of this
section, the criteria and standards shall prevail.
2. Map Updates: The Department updates critical area maps based on
critical area reports prepared for permit applications.
3. Flood Hazard Areas:
a. Basic Map and Documentation Identifying Hazards: Flood hazard
areas are 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 which are hereby adopted by reference and declared to be
a part of this section. The flood insurance study is on file at the Public Works
Department.
b. When Federal Insurance Study is Not Available: The Applicant
shall obtain, for City review, and reasonably utilization any base flood elevation
29
ORDINANCE NO. 5757
and floodway data available from a Federal, State or other source, in the
following instances:
i. To administer RMC 4-3-050.G when base flood elevation data
has not been provided in accordance with RMC 4-3-050.E.
ii. To identify flood hazard areas that will be regulated; until a new
Flood Insurance Rate Map is issued which incorporates the data utilized under
RMC 4-3-050.0.
4. Steep Slope Delineation Procedure: The boundaries of a regulated
steep sensitive or protected slope are determined to be in the location identified
on the City of Renton's COR Maps, the City's online interactive mapping
application available through the City's website. An applicant's qualified
professional may substitute boundaries independently derived from survey data
for the City's consideration in determining the boundaries of sensitive or
protected steep slopes. All topographic maps shall utilize two foot (2') contour
intervals or the standard utilized in the City of Renton Steep Slope Atlas.
5. Streams and lakes: Water class shall be determined in accordance
with RMC 4-3-050.G.7.a.
a. Reclassification: The reclassification of a water body to a lower
class (i.e., F to Np, or Np to Ns, etc.) requires Administrator acceptance of a
stream or lake study, followed by a legislative amendment to the map in RMC 4-
3-050.E prior to its effect. The reclassification of a water body to a higher class
(i.e., Ns to Np, Np to F, or F to S) requires either: Administrator acceptance of a
30
ORDINANCE NO. 5757
stream or lake study or consultation with the Washington Department of Fish
and Wildlife, followed by a legislative amendment to the map in this section.
b. Salmonid Migration Barriers: For the purposes of classifying or
reclassifying water bodies, features determined by the Administrator to be
salmonid migration barriers pursuant to the definition in RMC 4-11-190 shall be
mapped. The Administrator shall prepare and update the map as appropriate.
6. Wetlands: Categorization of wetlands shall be determined in
accordance with RMC 4-3-050.G.9, and also refer to the City of Renton Wetland
and Stream Corridors Critical Areas Inventory.
F. SUBMIITAL REQUIREMENTS AND FEES:
1. 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 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.
2. Plans and Studies 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
31
ORDINANCE NO. 5757
site shall be indicated on the plans submitted based upon an inventory provided
by a qualified specialist.
a. Geologically Hazardous Areas:
i. Whenever a proposed development requires a development
permit and a geologic hazard is present on the site of the proposed development
or on abutting or adjacent sites within fifty feet (SO') of the subject site,
geotechnical studies by licensed professionals, such as a geotechnical engineer
and/or engineering geologist, shall be required. Specifically, geotechnical studies
are required for developments proposed on sites with any of the following
geologically hazardous areas:
(a) Sensitive and protected slopes;
(b) Medium, high, or very high landslide hazards;
(c) High erosion hazards;
(d) High seismic hazards;
(e) Medium or high coal mine hazards.
ii. The required studies shall demonstrate the following review
criteria can be met:
(a) The proposal will not increase the threat of the geological
hazard to adjacent or abutting properties beyond pre-development conditions;
and
(b) The proposal will not adversely impact other critical areas;
and
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050.L.
ORDINANCE NO. 5757
(c) The development can be safely accommodated on the site.
iii. A mitigation plan may be required consistent with RMC 4-3-
iv. Sensitive Slopes -Medium, High and Very High Landslide
Hazards -High Erosion Hazards: Development applications shall submit erosion
control plans consistent with Chapter 4-8 RMC, Permits-General and Appeals.
v. Coal Mine Hazards:
(a) Medium Hazard -Report Required: Reports consistent
with Chapter 4-8 RMC, Permits -General and Appeals, 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.
(b) High Hazard -Report Required: Reports consistent with
Chapter 4-8 RMC, Permits -General and Appeals, 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.
b. Habitat Conservation Areas: Based upon RMC 4-3-050.G.6,
Habitat Conservation Areas, the City shall require a habitat/wildlife assessment
for activities that are located within or abutting a critical habitat, defined in RMC
4-11-030, or that are adjacent to a critical habitat, and have the potential to
significantly impact a critical habitat. The assessment shall determine the extent,
33
ORDINANCE NO. 5757
function and value of the critical habitat and potential for impacts and mitigation
consistent with report requirements in RMC 4-8-120.0.
c. Streams and Lakes: The applicant shall be required to conduct a
stream or lake study pursuant to RMC 4-8-120 if a site contains a water body or
buffer area and changes to buffer requirements or alterations of the water body
or its associated buffer are proposed, either administratively or via a variance
request. A stream or lake study is also required when the project area is within
one hundred feet {100') of a water body even if the water body is not located on
the subject property.
d. Wellhead Protection Areas: The City may require an applicant to
prepare a hydrogeologic study if the proposal has the potential to significantly
impact groundwater quantity or quality, and sufficient information is not readily
available. Such a report shall be prepared by a qualified professional at the
applicant's expense. Report content requirements may be specified by the City in
accordance with State or Federal guidelines or tailored to the particular
development application. Peer review of the applicant's report may be required
in accordance with RMC 4-3-050.F.
e. Wetlands:
i. Wetland Categorization: The applicant shall be required to
conduct a study to determine the categorization of the wetland if the subject
property or project area is within two hundred feet (200') of a wetland even if
the wetland is not located on the subject property but it is determined that
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ORDINANCE NO. 5757
alterations of the subject property are likely to impact the wetland in question or
its buffer. If there is a potential Category I or II wetland within three hundred
feet {300') of a proposal, the City may require an applicant to conduct a study
even if the wetland is not located on the subject property but it is determined
that alterations of the subject property are likely to impact the wetland in
question or its buffer.
ii. Wetland Delineation: A wetland delineation using the methods
identified in the approved federal delineation manual and applicable regional
supplement, as required by WAC 173-22-035, is required for any portion of a
wetland on the subject property that will be impacted by the permitted
activities.
iii. Wetland Assessment: The applicant shall prepare a wetland
assessment pursuant to RMC 4-8-120.D.2.3.a-j.
f. Period of Validity: Studies submitted and reviewed are valid for five
(5) years from date of study completion unless the Administrator determines
that conditions have changed significantly. The Administrator may extend the
period of validity, provided onsite conditions have not changed.
3. Testing Authorized:
a. Pipeline Requirements-Zone 1, As Identified in RMC 4-3-0SO.G.S:
If the Department has reason to believe that the operation or proposed
operation of an existing non-potable water pipeline, defined in RMC 4-11-160, in
Zone 1 of a Wellhead Protection Area may degrade groundwater quality, the
35
ORDINANCE NO. 5757
Department may require leakage testing of the existing pipeline in accordance
with RMC 4-3-050.G; 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 in RMC
4-3-050.D.
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 the pipeline
or exfiltration of substances conveyed in the pipeline shall occur. Any repairs
which are made shall be tested for leakage pursuant to RMC 4-3-050.G.
b. Pipeline Requirements -Zone 2, As ltentified in RMC 4-3-0SO.G.S:
If the Department has reason to believe that the operation or proposed
operation of an existing pipeline in Zone 2 of a Wellhead Protection Area may
degrade groundwater quality, the Department may require leakage testing in
accordance with RMC 4-3-050.G; 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 RMC 4-3-050.D.
4. Submittal Requirements: In order to be accepted for review, studies
shall include all information as required in Chapter 4-8 RMC.
5. Fees: See the currently adopted City of Renton Fee Schedule brochure
available at the City's website or in the City Clerk's Office.
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ORDINANCE NO. 5757
6. Independent Secondary Review: The City may require independent
review of an applicant's report as follows:
a. All Critical Areas: When appropriate due to the type of critical
areas, habitat, or species present, project area conditions, project scope, or
potential for negative impacts to critical areas, or lack of substantial
documentation of impact avoidance in first studyL the applicant may be required
to prepare and/or fund analyses or activities, including, but not limited to:
i. An evaluation by an independent qualified professional
regarding the applicant's analysis and the effectiveness of any proposed
mitigating measures or programs, to include any recommendations as
appropriate. This shall be paid at the applicant's expense, and the Administrator
shall select the third-party review professional; and/or
ii. A request for consultation with the Washington Department of
Fish and Wildlife, Washington State Department of Ecology, or the local Native
American Tribe or other appropriate agency; and/or
iii. Detailed surface and subsurface hydrologic features both on
and abutting the site.
b. Additional Requirements for Geologically Hazardous Areas:
Independent secondary review shall be conducted in accordance with the
following:
i. Required-Sensitive and Protected Slopes, and Medium, High,
or Very High Landslide Hazards: All geotechnical reports submitted in
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ORDINANCE NO. 5757
accordance with RMC 4-3-050.F, and Chapter 4-8 RMC, Permits -General and
Appeals, shall be 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.
ii. Required for Critical Facilities in High Erosion, High Seismic,
Medium Coal Mine, or High Coal Mine Hazards: The City shall require
independent review of a geotechnical report addressing a critical facility, defined
in RMC 4-11-030, 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.
iii. At City's Discretion-High Erosion, High Seismic, Medium Coal
Mine, or High Coal Mine Hazards: For any proposal except critical facilities, the
City may require independent review of an applicant's geotechnical report by
qualified specialists selected by the City, at the applicant's expense.
7. Waiver of Submittal Requirements: An applicant may request that
the Administrator waive the report requirement pursuant to RMC 4-3-050.D,
where it has been determined through field documentation that critical areas
are not present or as specified below:
a. Habitat Assessment: In cases where a proposal is not likely to
significantly impact the critical habitat and there is sufficient information to
38
ORDINANCE NO. 5757
determine the effects of a proposal, an applicant may request that this report be
waived by the Administrator.
b. Streams and Lakes:
i. Stream or Lake Study: This report may only be waived by the
Administrator when the applicant provides satisfactory evidence that:
(a) A road, building or other barrier exists between the water
body and the proposed activity, or
(b) The water body or required buffer area does not intrude
on the applicant's lot, and based on evidence submitted, the proposal will not
result in significant adverse impacts to nearby water bodies regulated under this
section; or
(c) Applicable data and analysis appropriate to the proposed
project exists and an additional study is not necessary.
ii. Stream or Lake Mitigation Plan: This plan may only be waived
when no impacts have been identified through a stream or lake study.
c. Wetland Assessment The wetland assessment shall be waived by
the Administrator when the applicant provides satisfactory evidence that a road,
building or other barrier exists between the wetland and the proposed activity,
when the buffer area, determined with a wetland categorization, needed or
required will not intrude on the applicant's lot, or when applicable data and
analysis appropriate to the project proposed exists and an additional report is
not necessary.
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ORDINANCE NO. 5757
G. DEVELOPMENT STANDARDS:
1. General: No proposal shall result in a loss of critical area functions or
values. If the application of these provisions would deny all reasonable use of
the property, the applicant may apply for a variance as identified in RMC 4-9-
250.
2. Critical Area Buffers and Structure Setbacks from Buffers: The
following critical area buffers and structure setbacks from buffers are
established for each critical area.
Critical Area
Category or Structure Setback beyond
Type Critical Area Buffer Width Buffer1
Flood Hazard Areas
Flood Hazard None None Areas
Geologically Hazardous Areas
Steep Slopes:2
Sensitive None 3 None 3'4
Slopes
Protected None 3 15 ft.1
Slopes 5
Landslide Hazards:2
Low None3 None 3'4
Medium None 3 None3'4
High None 3 None3'4
Very High 5 50 ft. 15 ft.1
Erosion Hazards:
Low None None
High None None
Seismic Hazards:
Low None None
High None None
Coal Mine Hazards:
Low None 3 None 3
Medium None 3 None 3
High None 3 None 3
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ORDINANCE NO. 5757
Habitat Conservation Areas
Critical Habitats Established by Administrator per
RMC 4-3-050.G 15 ft.1
Streams and Lakes 5
Type F 115ft. 15 ft.1
Type Np 75ft. 15 ft.1
Type Ns 50 ft. 15 ft.1
Wellhead Protection Areas
Zones 1 and 2 None None
Wetlands 6
Low Impact Land Uses:7
High Moderate Low
Habitat Habitat Habitat All
Function Function Function Other
(8-9 (5-7 {3-4 Scores
points) points) points)
Category I
-Bogs &
Natural 175ft.
Heritage
15 ft.1
Wetlands
Category I
-All 175ft. 125ft. 75ft. 75ft
Others
Category II 150ft. 100ft. 75ft. n/a
Category
Ill 100ft. 75ft. 50 ft. n/a
Category
IV 40ft. n/a
All Other Land Uses:
High Moderate Low
Habitat Habitat Habitat All
Function Function Function Other
(8-9 (5-7 (3-4 Scores
points) points) points)
Category I
-Bogs & 15 ft.1
Natural 200ft.
Heritage
Wetlands
Category I
-All 200ft. 150ft. 115ft. 115ft
Others
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ORDINANCE NO. 5757
Category II 175ft. 150ft. 100ft. n/a
Category
Ill 125ft. 100ft. 75ft. n/a
Category 50 ft. n/a
IV
Footnotes:
1. The following may be allowed in the building setback area:
a. Landscaping;
b. Uncovered decks, less than eighteen inches (18") above grade;
c. Building overhangs, if such overhangs do not extend more than twenty-four inches
(24") into the setback area; and
d. Impervious ground surfaces, such as driveways and patios, provided that such
improvements may be subject to water quality regulations and maximum impervious
surface limitations.
2. Buffers shall be established from the top, toe, and sides of slopes.
3. Based upon the results of a geotechnical report and/or independent review, conditions
of approval for developments may include buffers and/or setbacks from buffers.
4. Unless required pursuant to the adopted building code or Building Official.
5. When a required stream/lake buffer falls within a protected slope or very high
landslide hazard area, the stream/lake buffer width shall extend to the boundary of the
protected slope of very high landslide hazard area.
6. Areas that are functionally and effectively disconnected from the wetland by a
permanent road or other substantially developed surface of sufficient width and with use
characteristics such that buffer functions are not provided shall not be counted toward
the minimum buffer unless these areas can be feasibly removed, relocated or restored to
provide buffer functions.
7. Low intensity land uses include but are not limited to the following: unpaved trails, low
intensity open space (hiking, bird-watching, preservation of natural resources, etc.) and
utility corridor without a maintenance road and little or no vegetation management.
3. Native Growth Protection Areas:
a. Required: A native growth protection area shall be instituted to
protect a critical area from any proposed development for a non-exempt activity
as follows:
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ORDINANCE NO. 5757
i. Protected slopes and their associated buffers.
ii. Very high landslide hazard areas and their associated buffers.
iii. Class F, Np, and Ns, as defined in subsection F.7 of these
regulations, streams or lakes and their associated buffers.
iv. Category I, 11, Ill, or IV wetlands, as defined in subsection 9.c of
these regulations, and their associated buffers.
b. May be Required: Native growth protection areas may be required
for high landslide hazard area buffers, or for critical habitats and their buffers.
c. Application as Condition of Approval When Otherwise Not
Required: A proposal may be conditioned to provide for native growth
protection areas.
d. Standards:
i. Trees, shrubs, and ground cover shall be retained in designated
native growth protection areas.
ii. Any activities in native growth protection areas shall be
consistent with applicable critical area regulations.
iii. 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 these critical area regulations.
e. Method of Creation: Native growth protection areas shall be
established by one of the following methods, in order of preference:
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ORDINANCE NO. 5757
i. Tract and Deed Restriction: The applicant shall create a tract via
the subdivision and record a permanent and irrevocable covenant running with
the land or deed restriction on the property title of any critical area management
tract or tracts created as a condition of a permit. Such covenant or 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. A covenant running with the
land shall be placed on the tract restricting its separate sale. Each abutting lot
owner or the homeowners' association shall have an undivided interest in the
tract.
ii. Conservation Easement: The applicant shall, subject to the
City's approval, convey to the City or other public or nonprofit entity specified by
the City, a recorded easement for the protection of the critical area and/or its
buffer.
iii. Protective Easement: The applicant 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 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
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ORDINANCE NO. 5757
written approval from the City, and from any other agency with jurisdiction over
such activity.
f. Marking Prior to and During Construction: The location of the
outer extent of the critical area buffer and areas not to be disturbed pursuant to
an approved plan shall be marked with high visibility orange construction fencing
and silt fencing in the field to prevent disturbance by individuals and equipment
during the development or construction of the approved activity.
g. Permanent Fencing Required: Permanent fencing of the native
growth protection area containing critical area and buffers is required, except
when studies document to the satisfaction of the reviewing official that such
fencing will adversely impact habitat connectivity.
h. Signage Required: The common boundary between a native
growth protection area and the abutting 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 is in your care.
Alteration or disturbance is prohibited by law."
i. Responsibility for Maintenance: Responsibility for maintaining the
native growth protection easements or tracts shall be held by a homeowners'
association, abutting lot owners, the permit applicant or designee, or other
appropriate entity, as approved by the City.
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ORDINANCE NO. 5757
j. Maintenance Covenant and 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 ensuring that no
alterations occur within the tract and that all vegetation remains undisturbed
unless the express written authorization of the City has been received."
4. Flood Hazard Areas:
a. Classification: Flood hazard areas 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.
b. Data to be Used for Existing and Future Flow Conditions: The City
shall determine the components of the flood hazard areas after obtaining,
reviewing and utilizing base flood elevations and available floodplain data for a
flood having a one percent (1%) chance of being equaled or exceeded in any
given year, often referred to as the "one-hundred-year flood." The City may
require projections of future flow conditions for proposals in unmapped
potential flood hazard areas.
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ORDINANCE NO. 5757
c. General Standards: In all flood hazard areas, the following
standards are required:
i. Anchoring -All New Construction: All new construction and
substantial improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure.
ii. 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 Frequently Flooded Areas guidebook for additional techniques).
iii. Construction Materials and Methods:
(a) All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall
be constructed using methods, statutes, codes, rules, regulations and practices
that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing, and air-
conditioning equipment and other service facilities shall be designed and/or
otherwise elevated or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
iv. Utilities:
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ORDINANCE NO. 5757
(a) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters into the system. A
proposed water well shall be located on high ground that is not in the floodway
(WAC 173-160-171).
(b) 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.
(c) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
v. Subdivision Proposals:
(a) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(b) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
(c) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
(d) All subdivision proposals shall show the flood hazard areas
information and boundary on the subdivision drawing including the nature,
location, dimensions, and elevations of the subdivided area.
vi. Project Review:
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ORDINANCE NO. 5757
(a) Where elevation data is not available either through the
flood insurance study or from another authoritative source, i.e., RMC 4-3-050.D,
applications for building permits shall be reviewed to assure that proposed
construction will be reasonably safe from flooding. The test of reasonableness
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 zones may result in higher insurance rates.
(b) Where base flood elevation data has not been provided or
is not available from another authoritative source, it shall be generated by the
applicant.
d. Specific Standards: In all flood hazard areas, the following
provisions are required:
i. Residential Construction:
(a) New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement, elevated a
minimum of one foot (1') above base flood elevation.
(b) 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
flood waters. 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:
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ORDINANCE NO. 5757
(1) A minimum of two (2) openings having a total net area
of not less than one (1) square inch for every square foot of enclosed area
subject to flooding shall be provided; and
(2) The bottom of all openings shall be no higher than one
foot (1') above grade; and
(3) Openings may be equipped with screens, louvers, or
other coverings or devices; provided, that they permit the automatic entry and
exit of flood waters.
ii. Manufactured Homes:
(a) All manufactured homes to be placed or substantially
improved within Zones A1-A30, AH, and AEon the community's Flood Insurance
Rate Map , shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated a minimum of one foot (1') above
the base flood elevation and be secured to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(b) Manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or subdivision within
Zones A1-30, AH, and AEon 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 (1') above the base flood elevation or the manufactured home chassis is
supported by reinforced piers or other foundation elements of at least
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ORDINANCE NO. 5757
equivalent strength that are no less than thirty-six inches (36") in height above
grade and be secured to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
iii. Nonresidential Construction: New construction or substantial
improvement of any commercial, industrial or other nonresidential structure
shall have the lowest floor, including basement, elevated a minimum of one foot
(1') above the level of the base flood elevation. he lowest
attendant utility and sanitary facilities, shall:
or, together with
(a) Be floodproofed so that below the minimum elevation
required in RMC 4-3-0SO.G the structure is watertight with walls substantially
impermeable to the passage of water;
(b) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
(c) Be certified by a registered professional engineer or
architect so 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 and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the Administrator;
(d) Nonresidential structures that are elevated, but not
floodproofed, must meet the same standards for space below the lowest floor as
described in RMC 4-3-0SO.G;
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ORDINANCE NO. 5757
iv. Recreational Vehicles: Recreational vehicles placed on
sites within Zones Al-30, AH, and AE on the community's Flood Insurance Rate
Map not including recreational vehicle storage lots shall either:
(a) Be on the site for fewer than one hundred eighty (180)
consecutive days;
(b) Be fully licensed and ready for highway use, on its wheels
or jacking system, attached to the site only by quick disconnect type utilities
and security devices, and have no permanently attached additions; or
(c) Meet the requirements of RMC 4-3-0SO.G and the
elevation and anchoring requirements for manufactured homes.
e. Additional Restrictions within Floodways: Floodways, defined in
RMC 4-11-060, are located within flood hazard areas established in RMC 4-3-
050.0, Since the floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles, and erosion potentiat the
following provisions apply:
i. Increase in Flood Levels Prohibited: Encroachments, including
filt 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:
(a) Encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge; and
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ORDINANCE NO. 5757
(b) There are no adverse impacts to the subject property or
abutting or adjacent properties; and
(c) There are no higher flood elevations upstream; and
(d) The impact due to floodway encroachment shall be
analyzed using future land use condition flows.
ii. Residential Construction in Floodways: Construction or
reconstruction of residential structures is prohibited within designated
floodways, except for:
(a) Repairs, reconstruction, or improvements to a structure
which do not increase the ground floor area; and
(b) 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: (1) before the repair, reconstruction, or improvement is started;
or (2) 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 may be
excluded in the fifty percent (50%).
iii. Compliance Requirements: If RMC 4-3-050.G is satisfied, all
new construction and substantial improvements shall comply with all applicable
flood hazard areas reduction provisions of this section.
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ORDINANCE NO. 5757
iv. Bridges Crossing Floodways: In mapped or unmapped flood
hazard areas, future flow conditions shall be considered for proposed bridge
proposals crossing floodways.
f. Critical Facility: Construction of new critical facilities, as defined in
RMC 4-11-030, shall be, to the extent possible, located outside the limits of flood
hazard areas (one hundred (100) year) floodplain. Construction of new critical
facilities shall be permissible within flood hazard areas if no feasible alternative
site is available. Critical facilities constructed within flood hazard areas shall have
the lowest floor elevated three feet (3') or more above the level of the base
flood elevation (one hundred (100) year) at the site. Floodproofing and sealing
measures must be taken to ensure that toxic substances 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.
g. Compensatory Storage:
i. 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
54
ORDINANCE NO. 5757
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. Effective base flood storage volume shall be based
on the elevations shown in the flood hazard areas map, identified in RMC 4-3-
05.E.3 or as determined through a study where no base flood evaluation
information exists.
ii. Determining Finished Floor Elevations According to FEMA: The
FEMA one hundred (100) year flood plain elevations shall be used to establish
building finished floor elevations to comply with other National Flood Insurance
Program requirements.
5. Geologically Hazardous Areas Defined:
a. Steep Slope Types:
i. Sensitive slopes: A hillside, or portion thereof, characterized by:
(a) an average slope of twenty-five percent (25%) to less than forty percent
(40%) as identified in the City of Renton Steep Slope Atlas or in a method
approved by the City; or (b) an average slope of forty percent (40%) or greater
with a vertical rise of less than fifteen feet (15') as identified in the City of Renton
Steep Slope Atlas or in a method approved by the City; (c) abutting an average
slope of twenty-five percent (25%) to forty percent (40%) as identified in the City
of Renton Steep Slope Atlas or in a method approved by the City. This definition
excludes engineered retaining walls.
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ORDINANCE NO. 5757
ii. Protected slopes: A hillside, or portion thereof, characterized
by an average slope of forty percent (40%) or greater grade and having a
minimum vertical rise of fifteen feet (15') as identified in the City of Renton
Steep Slope Atlas or in a method approved by the City.
b. Landslide Hazards:
i. Low Landslide Hazard {LL): Areas with slopes less than fifteen
percent (15%).
ii. Medium Landslide Hazard {LM}: Areas with slopes between
fifteen percent (15%) and forty percent (40%) and underlain by soils that consist
largely of sand, gravel or glacial till.
iii. High Landslide Hazards {LH}: Areas with slopes greater than
forty percent (40%), and areas with slopes between fifteen percent (15%) and
forty percent (40%) and underlain by soils consisting largely of silt and clay.
iv. Very High Landslide Hazards {LV}: Areas of known mapped or
identified landslide deposits.
c. Erosion Hazards:
i. 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 a slope less than fifteen
percent (15%).
ii. High Erosion Hazard {EH}: Areas with soils characterized by the
Natural Resource Conservation Service (formerly U.S. Soil Conservation Service)
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ORDINANCE NO. 5757
as having severe or very severe erosion potential, and a slope more than fifteen
percent (15%).
d. Seismic Hazards:
i. Low Seismic Hazard (SL): Areas underlain by dense soils or
bedrock. These soils generally have site classifications of A through D, as defined
in the International Building Code, 2012.
ii. High Seismic Hazard {SH): Areas underlain by soft or loose,
saturated soils. These soils generally have site classifications E or F, as defined in
the International Building Code, 2012.
e. Coal Mine Hazards:
i. 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.
ii. Medium Coal Mine Hazards {CM): Areas where mine workings
are deeper than two hundred feet (200') 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.
iii. High Coal Mine Hazard {CH): Areas with abandoned and
improperly sealed mine openings and areas underlain by mine workings
shallower than two hundred feet (200') in depth for steeply dipping seams, or
shallower than fifteen (15) times the thickness of the seam or workings for
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ORDINANCE NO. 5757
gently dipping seams. These areas may be affected by collapse or other
subsidence.
f. Protected Slopes, as defined in subsection a.ii, above:
Development is prohibited on protected slopes. Exceptions to this prohibition
may be granted pursuant to RMC 4-3-0SO.J.
g. Sensitive Slopes -Medium, High and Very High landslide Hazards
-High Erosion Hazards: During construction, weekly on-site inspections shall be
required at the applicant's expense. Weekly reports documenting erosion
control measures shall be required.
h. Very High landslide Hazards:
i. Prohibited Development: Development shall not be permitted
on land designated with very high landslide hazards. Exceptions to this
prohibition may be granted pursuant to RMC 4-3-0SO.J.
ii. Buffer Modification: The 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 report
shall be documented in writing and included with the project approval. The
modified standard shall be based on consideration of the best available science
as described in WAC 365-195-905; or where there is an absence of valid scientific
information, the steps in RMC 4-9-250 shall be followed.
i. Coal Mine Hazards:
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ORDINANCE NO. 5757
i. Mitigation -Additional Engineering Design and Remediation
Specifications: After approval of the mitigation approach proposed as a result of
RMC 4-3-0SO.D, 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 complete the remediation.
Hazard mitigation shall be performed by or under the direction of a licensed
geotechnical engineer or engineering geologist. The applicant shall document
the hazard mitigation by submitting as-builts and a remediation construction
report.
ii. Hazards Found during Construction: Any hazards found during
any development activities shall be immediately reported to the Development
Services Division. Any coal mine hazards shall be mitigated prior to
recommencing construction based upon supplemental recommendations or
reports by the applicant's geotechnical professional.
iii. 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.
6. Habitat Conservation Areas:
a. Classification of Critical Habitats: Habitats that have a primary
association with the documented presence of non-salmonid or salmonid species
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ORDINANCE NO. 5757
(see RMC 4-3-050.L.l and RMC 4-3-090, Shoreline Master Program Regulations,
for salmonid species) species proposed or listed by the Federal government or
State of Washington as endangered, threatened, sensitive and/or of local
importance.
b. Mapping: Critical habitats are identified by lists, categories and
definitions of species promulgated by the Washington 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 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.
c. Buffers: The Administrator shall require the establishment of
buffer areas for activities in, or adjacent to, habitat conservation areas when
needed to protect fish and wildlife habitats of importance. Buffers shall consist
of an undisturbed area of native vegetation, or areas identified for restoration,
established to protect the integrity, functions and values of the affected habitat.
Buffer widths shall be based on:
i. Type and intensity of human activity proposed to be conducted
on the site and adjacent sites.
ii. Recommendations contained within a habitat assessment
report.
iii. Management recommendations issued by the Washington
Department of Fish and Wildlife.
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ORDINANCE NO. 5757
d Alterations Require Mitigation: The Administrator may approve
mitigation to compensate for adverse impacts of a development proposal to
habitat conservation areas through use of a federally and/or state certified
mitigation bank or in-lieu fee program. See RMC 4-3-050.L.
7. Streams and Lakes:
a. Classification System: The following classification system is hereby
adopted for the purposes of regulating Streams and Lakes in the City. This
classification system is based on the State's Permanent Water Typing System
WAC 222-16-030. Stream and lake buffer widths are based on the following
rating system:
i. Type S: Waters inventoried as "Shorelines of the State" under
chapter RCW 90.58. These waters are regulated under Renton's Shoreline
Master Program RMC Chapter 4-3-090.
ii. Type F: Waters that are known to be used by fish or meet the
physical criteria to be potentially used by fish and that have perennial (year-
round) or seasonal flows.
iii. Type Np: Waters that do not contain fish or fish habitat and
that have perennial (year-round) flows. Perennial stream waters do not go dry
any time of a year of normal rainfall. However, for the purpose of water typing,
Type Np waters include the intermittent dry portions of the perennial channel
below the uppermost point of perennial flow.
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ORDINANCE NO. 5757
iv. Type Ns: Waters that do not contain fish or fish habitat and
have intermittent flows. These are seasonal, non-fish habitat streams in which
surface flow is not present for at least some portion of a year of normal rainfall
and are not located downstream from any stream reach that is a Type Np Water.
Ns Waters must be physically connected by an above-ground channel system to
TypeS, F, or Np Waters.
b. Non-regulated: Waters that are considered "intentionally created"
not regulated under this section include irrigation ditches, grass-lined swales and
canals that do not meet the criteria for TypeS, F, Np, or Ns Non-regulated waters
may also include streams created as mitigation. Purposeful creation must be
demonstrated through documentation, photographs, statements and/or other
persuasive evidence.
c. Measurement:
i. Stream/Lake Boundary: The boundary of a stream or lake shall
be considered to be its ordinary high water mark (OHWM). The OHWM shall be
flagged in the field by a qualified consultant when any study is required pursuant
to RMC 4-3-050.G.7.
ii. Buffer: The boundary of a buffer shall extend beyond the
boundaries of the stream or lake to the width applicable to the stream/lake class
as noted in RMC 4-3-050.G.2, Critical Area Buffers and Structure Setbacks from
Buffers. Where streams enter or exit pipes, the buffer in this subsection shall be
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ORDINANCE NO. 5757
measured perpendicular to the OHWM from the end of the pipe along the open
channel section of the stream.
. .
' .
I
,I
I
I
, .
Figure 4-3-0SO.G.7.c.ii. Buffer measurement at pipe opening.
d. Stream/Lake Buffer Width Requirements:
i. Buffers and Setbacks:
(a) Minimum Stream/Lake Buffer Widths: See RMC 4-3-
050.G.2.
(b) Piped or Culverted Streams:
(1) Building structures over a natural stream located in an
underground pipe or culvert except as may be granted by a variance in RMC 4-9-
250 are prohibited. Transportation or utility crossings or other alterations
pursuant to RMC 4-3-050.J. are allowed. Pavement over a pre-existing piped
stream is allowed. Relocation of the piped stream system around structures is
allowed. If structure locations are proposed to be changed or the piped stream is
being relocated around buildings, a hydrologic and hydraulic analysis of existing
piped stream systems will be required for any development project site that
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ORDINANCE NO. 5757
contains a piped stream to ensure it is sized to convey the one hundred (100)
year runoff level from the total upstream tributary area based on future land use
conditions.
(2) No buffers are required along segments of piped or
culverted streams. The City shall require easements and setbacks from pipes or
culverts consistent with stormwater requirements in RMC 4-6-030 and the
adopted drainage manual.
ii. Increased Buffer Width:
(a) Areas of High Blow-down Potential: Where the
stream/lake buffer is in an area of high blow-down potential for trees as
identified by a qualified professional, the buffer width may be expanded an
additional fifty feet (50') on the windward side.
(b) Habitat Corridors: Where the stream/lake buffer is
adjacent to high functioning critical areas (e.g., wetlands, other streams, other
identified habitats), the stream/lake buffer width shall be extend to the buffer
boundary of the other protected critical area to establish a habitat corridor as
needed to protect or establish contiguous vegetated areas between
streams/lakes and other critical areas.
e. Criteria for Permit Approval-Type F, Np, and Ns: Permit approval
for projects on or near regulated Type F, Np and Ns water bodies shall be
granted only if the approval is consistent with the provisions of this subsection,
and complies with one of the following conditions:
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ORDINANCE NO. 5757
i. A proposed action meets the standard provisions of this
section and results in no net loss of regulated riparian area or shoreline
ecological function in the drainage basin where the site is located; or
ii. A proposed action meets alternative administrative standards
pursuant to this section and the proposed activity results in no net loss of
regulated riparian area or shoreline ecological function in the drainage basin
where the site is located; or
iii. A variance process is successfully completed and the
proposed activity results in no net loss of regulated riparian area or shoreline
ecological function in the drainage basin where the site is located.
f. Incentives for Restoration of Streams located in an Underground
Pipe or Culvert: Daylighting of culverted watercourses should be encouraged
and allowed with the following modified standards:
i. Residential Zones: Reduced setbacks, lot width and lot depth
standards of Chapter 4-2 RMC may be approved without requirement of a
variance for lots that abut the daylighted watercourse to accommodate the
same number of lots as if the watercourse were not daylighted.
ii. Mixed Use, Commercial, and Industrial Zones: Where greater
lot coverage allowances are provided for structured parking in Chapter 4-2 RMC,
lot coverage may be increased to the limit allowed for structured parking if
instead a stream is daylighted. The increase in impervious surface allowed shall
be equal to the area of stream restoration.
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ORDINANCE NO. 5757
(a) Standard buffers may be reduced pursuant to RMC 4-3-
050.1. If reduced buffers in RMC 4-3-050.1 along with other development
standards of the zone would not allow the same development level as without
the watercourse daylighting, a modification may be requested as in RMC 4-3-
050.1.2.c.
(b) When designed consistent with the City's flood
regulations in RMC 4-3-050.G, portions of the daylighted stream/created buffer
may be considered part of compensatory storage in flood hazard areas.
(c) Stream relocation is permitted subject to RMC 4-3-
050.J.
8. Wellhead Protection Areas:
a. Applicability: Developments, facilities, uses and activities discussed
in this subsection shall comply with the applicable provisions and restrictions of
this section and RMC 4-4, 4-5, 4-6, 4-9, and 5-5 for the Wellhead Protection
Areas, as classified below, in which the developments, facilities, uses and
activities are located, except as preempted by Federal or State law.
i. Wellhead Protection Areas: Wellhead 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.
ii. Wellhead Protection Area Zones: Zones of a Wellhead
Protection Area are designated to provide graduated levels of Wellhead
Protection Area recharge. Zone boundaries are determined using best available
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ORDINANCE NO. 5757
science documented in the City of Renton Wellhead Protection Plan, an appendix
of the City of Renton Water System Plan, as periodically updated. The following
zones may be designated:
(a) Zone 1: The land area situated between a well or well field
owned by the City and the three hundred sixty-five (365) day groundwater travel
time contour.
(b) Zone 1 Modified: The same land area described for Zone 1
but for the purpose of protecting a high-priority well, wellfield, or spring
withdrawing from a confined aquifer with partial leakage in the overlying or
underlying confining layers .. Uses, activities, and facilities located in this area are
regulated as if located within Zone 1 except as provided by RMC 4-3-050.G.8.
(c) Zone 2: The land area situated between the three hundred
sixty-five (365) day groundwater travel time contour and the boundary of the
zone of potential capture for a well or well field owned or operated by the City. If
the aquifer supplying water to such a well, well field, or spring is naturally
protected by confining overlying and underlying geologic layers, the City may
choose not to subdivide a Wellhead Protection Area into two (2) zones. In such a
case, the entire Wellhead Protection Area will be designated as Zone 2.
iii. Mapping:
(a) Determination of Location within a Zone of a Wellhead
Protection Area: In determining the location of facilities within the zones, the
following rules shall apply:
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(1) Facilities located wholly within a Wellhead Protection
zone shall be governed by the restrictions applicable to that zone.
(2) Facilities having parts lying within more than one zone
of a Wellhead Protection Area 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.
(3) Facilities having parts lying both in and out of a
Wellhead Protection Area shall be governed as follows:
(a) That portion which is within a Wellhead Protection
Area shall be governed by the applicable restrictions in this section; and
(b) That portion which is not in a Wellhead Protection
Area shall not be governed by this section.
b. Facilities:
i. Hazardous Materials -Use, Production, Storage, Treatment,
Disposal, or Management: Persons that store, handle, treat, use, or produce a
hazardous material as defined by RMC 4-11-080, Definitions H, which are new,
existing, or to be closed, shall be subject to the requirements of this section, and
as further specified below:
(a) 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
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produced at a location in the Wellhead Protection Area must be reviewed for
compliance with this chapter by the Department prior to approval.
(b) 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.
(c) An inventory of hazardous materials on forms provided by
the Department shall be submitted to the Department upon application for a
development permit.
(d) Where required by the Department, plans and
specifications for secondary containment shall be submitted and shall comply
with RMC 4-3-050.G.8. Development permits shall not be issued until plans and
specifications for secondary containment, if required, have been approved by
the Department.
ii. New Facilities-Zones 1 and 2: All proposals for new facilities
within any zone of an Wellhead 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.
iii. Prohibited Facilities-Zone 1:
(a) The storage, handling, use, treatment or production of
hazardous materials in aggregate quantities greater that five hundred (500)
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gallons shall not be allowed within Zone 1 of a Wellhead Protection Area. The
storage, handling, use, treatment or production of tetrachloroethylene (e.g., dry-
cleaning fluid) shall not be allowed within Zone 1 of a Wellhead Protection Area.
(b) No person, persons, corporation or other legal entity shall
temporarily or permanently abandon, close, sell, or otherwise transfer a facility
in a Wellhead Protection Area without complying with the requirements of RMC
4-9-015.F, Closure Permit, and permit conditions of this section.
iv. Existing Facilities Change in Quantities-Zone 1: In Zone 1 of a
Wellhead Protection Area, no change in operations at a facility shall be allowed
that increases the aggregate quantity of hazardous materials stored, handled,
treated, used, or produced 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 RMC 4-3-050.C.
v. 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 a Wellhead Protection Area upon
compliance with the permit requirements, release reporting requirements, and
closure requirements of this section.
vi. Requirements for Facilities -Zones 1 and 2: The following
conditions in RMC 4-3-050.G.8.b.vi.(a) to (d) will be required as part of any
operating permit issued for facilities in Zone 1 of a Wellhead Protection Area.
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Conditions in RMC 4-3-050.G.8.b.vi.(a) to (c) shall apply to facilities in Zone 2 of a
Wellhead Protection Area.
(a) Secondary Containment-Zones 1 and 2:
(1} 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 RMC 4-3-050.G.8.b.vi.(a)(2), Secondary
Containment-Zones 1 and 2, but are subject to applicable requirements in RMC
4-5-120, Underground Storage Tank Secondary Containment Regulations.
(2} Secondary Containment Devices Required in 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.
(A) Design requirements for secondary containment
devices are as follows:
(i) 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
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material. In cases where multiple containers are used, the secondary
containment device shall be large enough to contain the volume of the largest
container. 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 twenty (20) minutes or more.
(ii) All secondary containment devices shall be
constructed of materials of sufficient thickness, density, and composition to
prevent structural weakening of the containment device as a result of contact
with any hazardous material. If coatings are used to provide chemical resistance
for secondary containment devices, they shall also be resistant to expected
abrasion and impact conditions. Secondary containment devices shall be capable
of containing any unauthorized release for at least the maximum anticipated
period sufficient to allow detection and removal of the release.
(iii) Hazardous materials stored outdoors and their
attendant 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 twenty-four (24) hour, twenty-five {25) year storm, in addition to
the volume of the hazardous material stored in the tank.
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(iv) Secondary containment devices shall include
monitoring procedures or technology capable of detecting the presence of a
hazardous material within twenty-four (24) hours following a release.
(v) Hazardous materials shall be removed from the
secondary containment device within twenty-four (24) hours of detection and
shall be legally stored or disposed.
(vi) Areas in which there are floor drains,
catchbasins, or other conveyance piping that does not discharge into a
secondary containment device that meets the requirements of this chapter shall
not be used for secondary containment of hazardous materials. Closure of
existing piping shall be according to procedures and designs approved by the
Department.
(vii) 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 being withdrawn or used.
(viii) Hazardous materials stored outdoors when
the facility is left unsupervised must be inaccessible to the public. Such
techniques as locked storage sheds, locked fencing, or other techniques may be
used if they will effectively preclude access.
(ix) Stored hazardous materials shall be protected
and secured, as needed, against impact and earthquake to prevent damage to
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the primary container that would result in release of hazardous materials that
would escape the secondary containment area.
(b) Monitoring Required: See RMC 4-9-015.
(c) 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.
(d) Additional Facility Requirements for Zone 1:
(1) 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 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.
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(2) An 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.
{3) An owner may be required to meet the provisions of
RMC 4-6-030.E.4 if the nature of the business involves the use of hazardous
materials outside of fully enclosed structures, and the City evaluates the existing
stormwater collection and conveyance system.
(4) The owner may be required to test interior
wastewater plumbing and the building side sewer for tightness according to RMC
4-3-0SO.G.B.g.i.(c), Pipeline Requirements -Zone 1, and the City reserves the
right to require that such wastewater conveyance be repaired or replaced
according to RMC 4-3-0SO.G.B.g.i, Pipeline Requirements-Zone 1.
(5) An owner shall be paid by the City, fifty percent (SO%)
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 stormwater improvements as required in RMC 4-3-
050. G.8.b.vi.(f)(1) and (2), Groundwater Monitoring and Paving. Payment by the
City shall be made according to adopted administrative rules.
c. Limited Exemptions: Activities that are exempt from some, but not
all provisions of this section are listed below. Whether the exempted activities
are also exempt from permits will be determined based upon application of
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Chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal
Code.
i. Hazardous Materials
(a) Materials for Sale in Original Small Containers: Hazardous
materials offered for sale in their original containers of five (5) gallons or less
shall be exempt from requirements in RMC 4-3-050.H.2.d.i through vi and the
requirements pertaining to removal of existing facilities in RMC 4-3-050.H.2.a.i.
(b) Activities Exempt from Specified Wellhead Protection
Areas Requirements: The following are exempt from requirements in RMC 4-3-
050.G.8.b.vi.(a) through (d), the requirements pertaining to review of proposed
facilities in RMC 4-3-050.C.5.d, Prohibited Changes in Land Use and Types of New
Facilities -Wellhead Protection Areas, and the requirements pertaining to
prohibited facilities in 4-3-050.G.8.b.iii(a).
(1) Hazardous materials use, storage, and handling in de
minimis amounts (aggregate quantities totaling twenty (20) gallons or less at the
facility or construction site). Weights of solid hazardous materials will be
converted to volumes for purposes of determining whether de minimis amounts
are exceeded. Ten (10) pounds shall be considered equal to one (1) gallon.
(2) Noncommercial residential use, storage, and handling
of hazardous materials; provided, that no home occupation business (as defined
by Chapter 4-11 RMC) that uses, stores, or handles more than twenty (20)
gallons of hazardous material is operated on the premises.
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(3) Hazardous materials in fuel tanks and fluid reservoirs
attached to a private or commercial motor vehicle and used directly in the
operation of that vehicle.
(4) Fuel oil used in existing heating systems.
(5) Hazardous materials used, stored, and handled by the
City of Renton in water treatment processes and water system operations.
(6) 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
with construction activity regulated by RMC 4-3-050.H.8, Construction Activity
Standards-Zones 1 and 2.
(7) Hazardous materials contained in properly operating
sealed units (transformers, refrigeration units, etc.) that are not opened as part
of routine use.
(8) Hazardous materials in fuel tanks and fluid reservoirs
attached to private or commercial equipment and used directly in the operation
of that equipment.
(9) Hazardous materials in aerosol cans.
(10) Hazardous materials at multi-family dwellings, hotels,
motels, retirement homes, convalescent centers/nursing homes, mobile or
manufactured home parks, group homes, and daycare family homes or centers
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when used by owners and/or operators of such facilities for on-site operation
and maintenance purposes.
(11) Hazardous materials used for janitorial purposes at
the facility where the products are stored.
(12) Hazardous materials used for personal care by
workers or occupants of the facility at which the products are stored including
but not limited to soaps, hair treatments, grooming aids, health aids, and
medicines.
(c) Uses, Facilities, and Activities in Zone 1 Modified
Wellhead Protection Areas Exempt from Specified Wellhead Protection Areas
Requirements: Facilities located in the Zone 1 Modified Wellhead Protection
Areas are exempt from the following:
(1) Prohibited facilities requirements in RMC 4-3-050.
G.8.b.iii.(a) except that the storage, handling, use, treatment, and production of
tetrachloroethylene (e.g., dry-cleaning fluid) shall be prohibited;
(2) Additional facility requirements in RMC 4-3-050.
G.8.b.vi.(d);
(3) Wastewater requirements in RMC 4-6-040.J.l.a but
shall be subject to Zone 2 requirements in RMC 4-6-040.J.2;
(4) The prohibition of septic systems; and
(5) Surface water management requirements of RMC 4-6-
030.E except that Zone 2 requirements contained in RMC 4-6-030.E shall apply.
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d. Use of Pesticides and Nitrates-All Wellhead Protection Areas:
i. Use of Pesticides: The application of hazardous materials such
as pesticides shall be allowed in a Wellhead Protection Area, except within one
hundred feet (100') of a City owned well or two hundred feet (200') of a City
owned spring; provided, that:
(a) 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 substances are sold.
(b) 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 seventy-two {72) hours of the
application.
ii. Fertilizers/Nitrate-Containing Materials: The application of
fertilizers containing nitrates shall be allowed in a Wellhead Protection Area
except within one hundred feet (100') of a City owned well or two hundred feet
{200') of a spring; provided, that:
(a) 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) pound of nitrogen per one
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thousand (1,000) square feet per single application and eight (8) pounds of
nitrogen per one thousand (1,000) square feet per year; and
(b) Persons who apply fertilizer containing nitrates to more
than one (1) contiguous acre of land located in the Wellhead Protection Area
either in one (1) or multiple application(s) per year shall provide to the
Department within seventy-two (72) hours of any application the following
information:
{1) The name, address, and telephone number of the
person applying the fertilizer;
(2) The location and land area of the application;
(3) The date and time of the application;
(4) The product name and formulation;
(5) The application rate.
e. Wastewater Disposal Requirements-Zones 1 and 2: Refer to RMC
4-6-040.J, Sanitary Sewer Standards, Additional Requirements that Apply within
Zones 1 and 2 of a Wellhead Protection Area.
f. Surface Water Requirements -Zones 1 and 2: Refer to RMC 4-6-
030.E, Drainage Plan Requirements and Methods of Analysis for additional
surface water requirements applicable within Zones 1 and 2 of a Wellhead
Protection Area.
g. Pipeline Requirements:
i. Pipeline Requirements-Zone 1:
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(a) Materials: All new and existing pipelines, as defined by
RMC 4-11-160, in Zone 1 shall be constructed or repaired in accordance with
material specifications contained in this Section.
(b) Maintenance Required for Existing Pipelines: All existing
product pipelines in Zone 1 shall be repaired and maintained in accordance with
best management practices and best available technology.
(c) Testing Required for New Pipelines: All new pipelines
constructed in Zone 1 shall be tested for leakage in conformance with the
following provisions prior to being placed into service.
(1) Pipeline leakage testing shall be conducted in
accordance with best available technology, to the satisfaction of the
Department.
(2) 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.
(3) Upon completion of testing, pipeline leakage testing
results shall be submitted to the Department and shall include: record of testing
durations, pressures, and lengths of pipeline tested; and weather conditions at
the time of testing.
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(4) Routine leakage testing of new pipelines constructed in
Zone 1 may be required by the Department.
h. Construction Activity Standards -Zones 1 and 2: Persons engaged
in construction activities as defined in RMC 4-11-030, Definitions C, shall comply
with RMC 4-3-050.G.8.
i. Fill Material Requirements -Zones 1 and 2: Refer to RMC 4-4-
0GO.L.4, Fill Material -Zones 1 and 2, regarding quality of fill and fill material
source statement requirements within Critical Aquifer Recharge Areas.
j. Regulations for Existing Solid Waste Landfills-Zones 1 and 2:
i. Materials: Earth materials used as fill or cover at a solid waste
landfill shall meet the requirements of RMC 4-4-0GO.L.4, Fill Material.
ii. 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 Title 10 (King County Solid Waste Regulations) Section 10.72.020 and a
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 (3) months. Reports
detailing corrective action required by the Department shall be submitted
according to a written schedule approved by the Department.
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k. Fuel Oil Heating Systems-Zones 1 and 2: Owners of facilities and
structures shall comply with RMC 4-3-050.C.5.d.ii.(i) and 4-3-050.C.5.d.iii(f),
Prohibited Activities -Wellhead Protection Areas, Zones 1 and 2, relating to
conversion of heating systems to fuel oil and installation of new fuel oil heating
systems.
9. Wetlands:
a. Applicability: Wetland regulations apply to sites containing or
abutting wetlands, defined in RMC 4-11-230, as described below. The City
categorizes wetlands according to the most current version of the Washington
State Wetland Rating System for Western Washington.
b. Delineation of Regulatory Edge of Wetlands:
i. 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 in
accordance with the approved federal wetland delineation manual and
applicable regional supplements.
ii. 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.
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c. Wetland Categorization or Categorization System: The
following categorization system is hereby adopted for the purposes of regulating
wetlands in the City. The City may accept a dual wetland categorization for a
wetland exhibiting a combination of Category I and II features or a combination
of Category I and Ill features. The City will not accept a dual rating for a Category
II wetland, such as a combined Category II and Ill rating. Dual ratings for a
Category I wetland shall be consistent with the Washington State Wetland Rating
System for Western Washington -2014 Update (October 2014), or as amended
hereafter. Wetlands buffer widths, replacement ratios and avoidance criteria
shall be based on the following ratings:
(a) Category I Wetlands: Category I wetlands are those
wetlands of exceptional value in terms of protecting water quality, storing flood
and stormwater, and/or providing habitat for wildlife as indicated by a rating
system score of twenty-three (23) points or more on the state rating system
referenced above. These are wetland communities of infrequent occurrence
that often provide documented habitat for critical, threatened or endangered
species, and/or have other attributes that are very difficult or impossible to
replace if altered.
(b) Category II Wetlands: Category II wetlands have significant
value based on their function as indicated by a rating system score of between
twenty (20) and twenty-two (22) points. They do not meet the criteria for
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Category I rating but occur infrequently and have qualities that are difficult to
replace if altered.
(c) Category Ill Wetlands: Category Ill wetlands have
important resource value as indicated by a rating system score of between
sixteen (16) and nineteen (19) points.
(d) Category IV Wetlands: Category IV wetlands are wetlands
of limited resource value as indicated by a rating system score between nine (9)
and fifteen (15) points. They typically have vegetation of similar age and class,
lack special habitat features, and/or are isolated or disconnected from other
aquatic systems or high quality upland habitats.
d. Wetland Buffers:
i. Standard Buffer Widths: See RMC 4-3-050.G.2, Critical Area
Buffers and Structure Setbacks from Buffers.
ii. Independent Buffer Study: The Administrator shall have the
authority to approve proposed alternate buffer widths based on a qualified
professional's wetland study, provided the criteria below are met.
Determinations made by the Administrator pursuant to this subsection may be
appealed to the Hearing Examiner.
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(a) The applicant funds the wetland study; and
(b) The wetland study shows why the standard buffer widths
are unnecessary and how the proposed alternate buffer will provide an
equivalent ecological protection as provided by the City standards; and
(c) The wetland study demonstrates how it meets best
available science as identified in Wetlands in Washington State, Volume 1: A
Synthesis of the Science (Ecology Publication #05-06-006, March 2005) and
Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands
(Ecology Publication #04-06-008, April 2005).
iii. Measurement of Buffers: All buffers shall be measured from
the wetland boundary as surveyed in the field pursuant to the requirements of
this subsection.
iv. Increased Wetland Buffer Width: Each applicant shall
document in the required wetland assessments whether the criteria in RMC 4-3-
050.G.9.d are or are not met and increased wetland buffers are warranted.
Based on the applicant's report or third party review, increased standard buffer
widths may be required in unique cases Such determination shall be attached as
a condition of project approval. Unique cases shall include but not be limited to:
(a) The wetland is used by species listed by the federal or the
state government as threatened, endangered and sensitive species and State-
listed priority species, essential habitat for those species or has unusual nesting
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or resting sites such as heron rookeries or raptor nesting trees or evidence
thereof; or
(b) The buffer or adjacent uplands have a slope greater than
fifteen percent (15%) or is susceptible to erosion and standard erosion control
measures will not effectively prevent adverse wetland impacts.
(c) The area is very fragile, or when a larger buffer is
necessary to protect wetlands functions and values.
e. Cooperative Wetland Compensation: Mitigation Banks, In-Lieu
Fee Programs, or Special Area Management Programs (SAMP):
i. 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:
(a) Restoration or creation on-site may not be feasible due to
problems with hydrology, soils, or other factors; or
(b) Where the cooperative plan is shown to better meet
established regional goals for flood storage, flood conveyance, habitat or other
wetland functions.
ii. Process: Applicants proposing a cooperative compensation
project shall:
(a) Submit a permit application;
(b) Demonstrate compliance with all standards;
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(c) Demonstrate that long-term management will be provided;
and
(d) Demonstrate agreement for the project from all affected
property owners of record.
iii. Mitigation Banks: Mitigation banks are defined as sites which
may be used for restoration, creation and/or mitigation of wetland 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 Public Works Department. With
the approval of Administrator and the Public Works Department, non-City-
controlled mitigation banks may be established and utilized. If credits are from a
mitigation bank are to be used for federal or state permits, the bank must be
certified under state rules. If approved, compensation payments received as
part of a mitigation or creation bank must be received prior to the issuance of an
occupancy permit.
iv. In-Lieu Fee Programs: In-Lieu Fee mitigation involves the
restoration, creation, enhancement, or preservation of aquatic resources
through funds paid to a governmental or non-profit natural resources
management entity to satisfy compensatory mitigation for federal, state, and
local permits. Both the US Army Corps of Engineers (33 CFR Parts 325 and 332)
and Washington State (WAC 173-700) support the use of in-lieu fee programs.
The City of Renton is located within the service area of the King County
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Mitigation Reserves In-Lieu Fee Program, which may be used by applicants with
the approval of the Administrator and Public Works Department provided the
mitigation occurs within the City of Renton and the same drainage basin.
v. 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.
H. ALTERATIONS TO CRITICAL AREAS AND/OR BUFFERS -GENERAL
REQUIREMENTS:
1. General Purpose: The typically required critical area buffers may be
reduced to no less than the minimums set forth in this subsection where the
City is able to verify that the proposal will result in no net loss of functions or
values as documented in a study prepared by a qualified professional. Greater
buffer width reductions require review as a variance pursuant to RMC 4-3-0SO.K.
2. Authority and Documentation of Required Findings: Based upon an
applicant's request, and the acceptance of a wetland and/or stream or lake
study, mitigation and enhancement plan, the Administrator may approve an
alteration to the minimum buffer widths where the applicant can demonstrate
that through enhancing the buffer and the use of low impact development
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strategies the reduced buffer will function at a higher level than the standard
buffer. Determinations and evidence shall be included in the application file. The
City shall also evaluate all proposals using the following criteria, in the order
below. The development plan will:
a. Avoid any disturbances to the critical area or buffer;
b. Minimize any critical area or buffer impacts;
c. Compensate for any critical area or buffer impacts;
d. Restore any critical area or buffer temporarily impacted or lost;
e. Create new critical areas and buffers for those lost; and
f. Enhance an existing degraded buffer to compensate for lost
functions and values in addition to restoring or creating a critical area.
3. Studies Required: The City's determination shall be based on specific
site studies by recognized experts.
4. Surety, Mitigation, and Monitoring Required: The City will require
long-term monitoring of the project pursuant to RMC 4-3-050.L.3.
5. Corrective Actions Required: Corrective actions will be required if
adverse impacts to critical areas or buffers are discovered during the monitoring
period.
6. Public Notice Required: Public notification shall be given as follows:
a. For applications that are not otherwise subject to notices of
application pursuant to Chapter 4-8 RMC, notice of the critical area and/or
buffer alteration shall be given by posting the site and notifying abutting or
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adjacent property owners with the potential to be impacted, in accordance with
Chapter 4-8 RMC. Upon determination by the Administrator to allow or disallow
an alteration, notification of parties of record, if any, shall be made.
b. For applications that are subject to notices of application, the
critical area and/or buffer alteration or request for determination to allow an
alteration shall be included with notice of application. If the determination to
allow or disallow an alteration of the mitigation requirements is not known at
the time of the notice of application, written notice to abutting or adjacent
property owners shall be given instead at the time of the SEPA determination.
Upon determination to allow or disallow an alteration, notification of parties of
record, if any, shall be made.
I. ALTERATIONS TO CRITICAL AREAS BUFFERS:
1. Maximum Permissible Administrative Alterations to Critical Areas
Buffers -Alteration of Critical Area Buffers: The required critical area buffers
may be reduced to no less than the minimums set forth in this subsection.
Greater buffer width reductions require review as a variance pursuant to RMC 4-
3-050.G.4.
Critical
Area
Category Reduced Buffer: Averaged Buffer:
or Type Minimum Widths Possible Minimum Widths Possible
Geologically Hazardous Areas
Landslide Hazard Areas:
Very High Based on City acceptance of a
N/A geotechnical report 1
Streams and Lakes
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Type F 90 feet2 75 feee
Type Np 60 feet2 37.5 feee
Type Ns 40 feet 2 25 feee
Wetlands
Wetland buffer widths shall be reduced by no more than 25% of the buffer required in
Subsection G of this Section.
1. Subject to approval pursuant to the criteria in RMC 4-3-0SO.G.S.h.ii.
2. Subject to approval pursuant to the criteria in RMC 4-3-050.1.2.a.
3. Subject to approval pursuant to the criteria in RMC 4-3-050.1.2.b.
2. STREAMS:
a. Criteria for Reduction of Degraded Stream Buffer Width with
Enhancement: A reduced buffer will be approved in a degraded stream buffer
only if:
i. It will provide an overall improvement in water quality; and
ii. It will provide an overall enhancement to fish, wildlife, or their
habitat; and
iii. It will provide a net improvement in drainage and/or
stormwater detention capabilities; and
iv. It will not be materially detrimental to any other property or
the City as a whole; and
v. It will provide all exposed areas with stabilized native
vegetation, as appropriate; and
vi. The request is not made in conjunction with buffer reduction,
and
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vii. It will provide, as part of the buffer reduction request, buffer
enhancement plan prepared by a qualified professional and fund a review of the
plan by the City's consultant. The plan shall assess habitat, water quality,
stormwater detention, groundwater recharge, shoreline protection, and erosion
protection functions of the buffer; assess the effects of the proposed
modification on those functions; and address the six criteria listed above.
b. Criteria for Approval of Averaged Stream Buffer: Buffer width
averaging may be allowed only where the applicant demonstrates all of the
following:
i. There are existing physical improvements in or near the water
body and associated riparian area; and
ii. Buffer width averaging will result in no net loss of
stream/lake/riparian ecological function; and
iii. The total area contained within the buffer after averaging is no
less than that contained within the required standard buffer width prior to
averaging; and
iv. The proposed buffer standard is based on consideration of the
best available science as described in WAC 365-195-905; and
v. Where the buffer width is reduced by averaging pursuant to
this subsection, buffer enhancement shall be required.
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c. Criteria for Approval of Reduced Buffer for Type Np and Ns
Streams to be Daylighted: An applicant may request that the Administrator
grant a modification as follows:
i. Modifications may be requested for a reduction in stream
buffers for Type Np and Ns watercourses proposed to be daylighted, below the
stream buffer reduction levels of RMC 4-3-050.1.1.
ii. In addition to the criteria of RMC 4-9-250.0, Modification
Procedures, the following criteria shall apply:
(a) The buffer is lowered only to the amount necessary to
achieve the same amount of development as without the daylighting; and
(b) The buffer width is no less than fifty feet (SO') on a Type Np
watercourse and twenty-five feet (25') on a Type Ns watercourse; and
(c) The proposed modification is based on consideration of the
best available science as described in WAC 365-195-905.
3. WETLANDS:
a. Criteria for reduction of wetland buffer width with enhancement:
The reviewing official must find that the proposal meets all the following criteria:
i. The reduced buffer will function at a higher level than the
standard buffer; and
ii. An enhanced buffer shall never be less than seventy-five (75%)
of the standard width at its narrowest point; and
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iii. The buffer area has less than fifteen percent (15%) slopes and
no direct or indirect, short-term or long-term, adverse impacts to regulated
wetlands, as determined by the City, and
iv. The proposal shall rely upon a site specific evaluation and
documentation of buffer adequacy based upon Wetlands in Washington State,
Volume 1: A Synthesis of the Science (Ecology Publication #05-06-006, March
2005) and Wetlands in Washington State, Volume 2: Managing and Protecting
Wetlands (Ecology Publication #04-06-008, April 2005), or similar approaches;
and
v. The proposed buffer standard is based on consideration of the
best available science as described in WAC 365-195-905; and
b. Criteria for averaging of wetland buffer width: Averaging may be
allowed only where the applicant demonstrates all of the following:
i. There are existing physical improvements in or near the wetland
and buffer; and
ii. That width averaging will not adversely impact the wetland
function and values; and
iii. That the total area contained within the wetland buffer after
averaging is no less than that contained within the required standard buffer prior
to averaging; and
iv. A site specific evaluation and documentation of buffer
adequacy based upon Wetlands in Washington State, Volume 1: A Synthesis of
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the Science (Ecology Publication #05-06-006, March 2005) and Wetlands in
Washington State, Volume 2: Managing and Protecting Wetlands (Ecology
Publication #04-06-008, April 2005), or similar approaches have been conducted.
The proposed buffer standard is based on consideration of the best available
science as described in WAC 365-195-905; and
v. In no instance shall the buffer width be reduced by more than
seventy-five percent (75%) of the standard buffer. Greater buffer width
reductions require review as a variance pursuant to RMC 4-9-250.8; and
vi. Buffer enhancement in the areas where the buffer is reduced
shall be required on a case-by-case basis where appropriate to site conditions,
wetland sensitivity, and proposed land development characteristics.
J. ALTERATIONS TO CRITICAL AREAS:
1. Criteria for Modifying Geologically Hazardous Area Standards:
a. An applicant may request that the Administrator grant a
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;
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ii. Filling against the toe of a natural rock wall or rock wall created
through mineral and natural resource recovery activities 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; and/or
b. Process: The following procedures shall apply to any of the above
activities:
i. The applicant shall submit a geotechnical report describing any
potential impacts of the proposed modification and any necessary mitigation
measures;
ii. All submitted reports shall be independently reviewed by
qualified specialists selected by the City at the applicant's expense;
iii. The Administrator may grant, condition, or deny the request
based upon the proposal's compliance with the applicable modification criteria
of RMC 4-9-250.0; and
iv. Any slope which remains forty percent (40%) or steeper
following site development shall be subject to all applicable geologic hazard
regulations for steep slopes and landslide hazards, in this Section; and
v. In addition to the criteria of RMC 4-9-250.0, Modification
Procedures, the following criteria shall apply: The proposed modification is
based on consideration of the best available science as described in WAC 365-
195-905.
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2. Alterations Within Streams and Lakes or Associated Buffers.
a. Criteria for Administrative Approval of Transportation Crossings
in Stream/Lake or Buffer Areas: Construction of vehicular or non-vehicular
transportation crossings may be permitted in accordance with an approved
stream/lake study subject to the following criteria:
i. The proposed route is determined to have the least impact on
the environment, while meeting City Comprehensive Plan Transportation
Element requirements and standards in RMC 4-6-060; and
ii. The crossing minimizes interruption of downstream movement
of wood and gravel; and
iii. Transportation facilities in buffer areas shall not run parallel to
the water body; and
iv. Crossings occur as near to perpendicular with the water body
as possible; and
v. Crossings are designed according to the Washington
Department of Fish and Wildlife Fish Water Crossing Design Guidelines, 2013 and
the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream
Crossings, 2000, as may be updated, or equivalent manuals as determined by the
Administrator; and
vi. Seasonal work windows are determined and made a condition
of approval; and
vii. Mitigation criteria of RMC 4-3-050.L are met.
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b. Criteria for Administrative Approval of Utilities in Stream/Lake or
Buffer: New utility lines and facilities may be permitted to cross water bodies in
accordance with an approved stream/lake study, if they comply with the
following criteria:
i. Fish and wildlife habitat areas shall be avoided to the maximum
extent possible; and
ii. The utility is designed consistent with one or more of the
following methods:
(a) Installation shall be accomplished by boring beneath the
scour depth and hyporheic zone of the water body and channel migration zone;
or
(b) The utilities shall cross at an angle greater than sixty (60)
degrees to the centerline of the channel in streams or perpendicular to the
channel centerline; or
(c) Crossings shall be contained within the footprint of an
existing road or utility crossing; and
iii. New utility routes shall avoid paralleling the stream or
following a down-valley course near the channel; and
iv. The utility installation shall not increase or decrease the
natural rate of shore migration or channel migration; and
v. Seasonal work windows are determined and made a condition
of approval; and
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vi. Mitigation criteria of RMC 4-3-050.L are met.
c. Administrative Approval of In-Water Structures or In-Water Work:
In accordance with an approved stream or lake study, in-water structures or
work may be permitted, subject to the following: In-stream structures, such as,
but not limited to, in-stream ponds, retention and detention facilities, tide gates,
dams, and weirs, shall be allowed as part of an approved watershed basin
restoration project approved by the City of Renton, and in accordance with
mitigation criteria of RMC 4-3-050.LThe applicant will obtain and comply with
state or federal permits and requirements.
d. Administrative Approval of Dredging: Dredging may be permitted
only when:
i. Dredging is necessary for flood hazard areas reduction purposes,
if a definite flood hazard area would exist unless dredging were permitted; or
ii. Dredging is necessary to correct problems of material
distribution and water quality, when such problems are adversely affecting
aquatic life; or
iii. Dredging is associated with a stream habitat enhancement or
creation project not otherwise exempt in RMC 4-3-050.C; or
iv. Dredging is necessary to protect public facilities; or
v. Dredging is required as a maintenance and operation condition
of a federally funded flood hazard areas reduction project or a hazard mitigation
project; and
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vi. Dredging is done so as to meet applicable mitigation criteria of
RMC 4-3-050.L.
e. Administrative Approval of Stream Relocation: Stream relocation
may be allowed when analyzed in an accepted stream or lake assessment, and
when the following criteria and conditions are met:
i. Stream relocation may only be permitted if associated with:
(a) A public flood hazard areas reduction/habitat
enhancement project approved by appropriate state and/or federal agencies; or
(b) Expansion of public road or other public facility
improvements where no feasible alternative exists; or
(c) A public or private proposal restoring a water body and
resulting in a net benefit to on-or off-site habitat and species.
ii. The following conditions also apply to any stream relocation
proposal meeting one or more of the above criteria:
(a) Buffer widths shall be based upon the new stream location;
provided, that the buffer widths may be reduced or averaged if meeting criteria
of RMC 4-3-050.1 or RMC 4-3-050.J. Where minimum required buffer widths are
not feasible for stream relocation proposals that are the result of activities
pursuant to criteria in RMC 4-3-050.J, other equivalent on-or off-site
compensation to achieve no-net-loss of riparian function is provided;
(b) When Type Ns streams, as defined in subsection F.7 of
these regulations, are proposed for relocation due to expansions of public roads
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or other public facility improvements pursuant to RMC 4-3-050.J), the buffer
area between the facility and the relocated stream shall not be less than the
width prior to the relocation. The provided buffer between the facility and the
relocated stream shall be enhanced or improved to provide appropriate
functions given the class and condition of the stream; or if there is no buffer
currently, other equivalent on-or off-site compensation to achieve no net loss of
riparian functions is provided.
(c) Applicable mitigation criteria of RMC 4-3-050.L must be
met.
(d) Proper notification to the City must be made and records
provided to the City of stream relocations, pursuant to RMC 4-3-050.D, in cases
where the stream/lake is subject to flood hazard area regulations of this section.
3. Criteria for Modifying Wellhead Protection Area standards: The
Department will consider modification applications in the following cases:
a. 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
b. The request is to modify a specific standard or regulation due to
practical difficulties; and
c. The request meets the intent and purpose of the Wellhead
Protection Area regulations.
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Based upon application of the tests above in RMC 4-3-050.J.3.a, b,
and c, applications which are considered appropriate for review as modifications
are subject to the procedures and criteria in RMC 4-9-250.0, Modification
Procedures. Requests to modify regulations or standards which do not meet the
above tests shall be processed as variances.
d. The request, in addition to meeting the criteria of RMC 4-9-250.0,
Modification Procedures, must be based on consideration of the best available
science as described in WAC 365-195-905; or where there is an absence of valid
scientific information, the steps in RMC 4-9-250.F are followed.
4. Criteria for approving wetland alterations: Wetland alterations may
only be authorized after the City makes a written finding that the proposal is
consistent with the following criteria:
a. No Net Loss: Activities that adversely affect wetlands and/or
wetland buffers shall include mitigation sufficient to achieve no net loss of
wetland function and acreage and to achieve, where practicable a net resource
gain in wetlands over present conditions. The concept of "no netloss" means to
create, restore and/or enhance a wetland so that there is no reduction to total
wetland acreage and/or function.
b. Compensation for wetland alterations shall occur in the following
order of preference:
i. Re-establishing wetlands on upland sites that were formerly
wetlands.
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ii. Rehabilitating wetlands for the purposes of repairing or
restoring natural and/or historic functions.
iii. Creating wetlands on disturbed upland sites such as those
consisting primarily of nonnative, invasive plant species.
iv. Enhancing significantly degraded wetlands.
v. Preserving Category I or II wetlands that are under imminent
threat; provided, that preservation shall only be allowed in combination with
other forms of mitigation and when the Administrator determines that the
overall mitigation package fully replaces the functions and values lost due to
development.
vi. Cooperative compensation to mitigation banks or in-lieu fee
programs, as indicated in subsection 9.e of this section.
c. Mitigation Ratios for Wetland Impacts: Compensatory mitigation
for wetland alterations shall be based on the wetland category and the type of
mitigation activity proposed. The replacement ratio shall be determined
according to the ratios provided in the table below. The created, re-established,
rehabilitated, or enhanced wetland area shall at a minimum provide a level of
functions equivalent to the wetland being altered and shall be located in an
appropriate landscape setting.
Wetland Mitigation Type and Replacement Ratio*
Wetland Creation or Enhancement
Category** Re-establishment Rehabilitation Only
Category IV 1.5:1 2:1 3:1
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Category Ill 2:1 3:1 4:1
Category II 3:1 4:1 6:1
Category I 6:1 8:1 Not allowed
*Ratio is the replacement area: impact area.
**As defined in RMC 4-3-050.G
d. Mitigation Ratios for Wetland Buffer Impacts: Compensation for
wetland buffer impacts shall occur at a minimum one to one (1:1) ratio.
Compensatory mitigation for buffer impacts shall include enhancement of
degraded buffers by planting native species, removing structures and impervious
surfaces within buffers, and other measures.
e. Special Requirements for Mitigation Banks: Mitigation banks shall
not be subject to the replacement ratios outlined in the replacement ratio table
above, but shall be determined as part of the mitigation banking agreement and
certification process.
f. Buffer Requirements for Replacement Wetlands: Replacement
wetlands established pursuant to these mitigation provisions shall have
adequate buffers to ensure their protection and sustainability. The buffer shall
be based on the category in RMC 4-3-050.G.2.
g. Location: Compensatory mitigation shall be provided on-site or off-
site in the location that will provide the greatest ecological benefit and have the
greatest likelihood of success. Mitigation shall occur as close as possible to the
impact area , within the same watershed sub-basin, and in a similar habitat type
as the permitted alteration unless the applicant demonstrates to the satisfaction
of the Administrator through a watershed-or landscaped-based analysis that
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mitigation within an alternative sub-basin of the same watershed would have
greater ecological benefit.
h. Protection: All mitigation areas whether on-or off-site shall be
permanently protected and managed to prevent degradation and ensure
protection of critical area functions and values into perpetuity. Permanent
protection shall be achieved through protective covenant in accordance with
RMC 4-3-050.
K. VARIANCES: See RMC 4-9-250.
L. MITIGATION, MAINTENANCE AND MONITORING:
1. Mitigation Plan Required:
a. Criteria: Mitigation plans required through the application of RMC
4-3-050.G.4 to 4-3-050.G.9 shall comply with RMC 4-8. In addition, the applicant
shall:
i. Demonstrate sufficient scientific expertise, the supervisory
capability, and the financial resources to carry out the mitigation project; and
ii. Demonstrate the capability for monitoring the site and making
corrections during the monitoring period if the mitigation project fails to meet
projected goals; and
iii. Protect and manage, or provide for the protection and
management, of the mitigation area to avoid further development or
degradation and to provide for long-term environmental health of the mitigation
area; and
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iv. Provide for project monitoring and allow City inspections; and
v. Avoid mitigation proposals that would result in additional
future mitigation or regulatory requirements for adjacent or abutting properties.
b. Mitigation Sequencing: If alterations to critical areas 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 pursuant to RMC 4-3-050.C, a
determination shall be made as to whether the feasibility of less intrusive
methods of development have been adequately evaluated and that less intrusive
methods of development are not feasible.
i. Avoiding the impact altogether by not taking a certain action or
parts of an action (usually by either finding another site or changing the location
on the site).
ii. Minimizing adverse impacts by limiting the magnitude of the
action and its implementation, by using appropriate technology, or by taking
affirmative steps, such as project redesign, relocation, or timing, to avoid or
reduce impacts.
iii. Rectifying adverse impacts to wetlands, Wellhead Protection
Areas, flood hazard areas, and habitat conservation areas by repairing,
rehabilitating, or restoring the affected environment to the historical conditions
or the conditions existing at the time of the initiation of the project.
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iv. Minimizing or eliminating the hazard by restoring or stabilizing
the hazard area through engineered or other methods.
v. Reducing or eliminating the adverse impacts or hazard over
time by preservation and maintenance operations over the life of the action.
vi. Compensating for adverse impacts to wetlands, Wellhead
Protection Areas, flood hazard areas, and habitat conservation areas by
replacing, enhancing, or providing substitute resources or environments.
vii. Monitoring the hazard or other required mitigation and taking
remedial action when necessary.
c. Based on Best Available Science: The applicant shall demonstrate
that the mitigation is based on consideration of the best available science as
described in WAC 365-195-905; or where there is an absence of valid scientific
information, the steps in RMC 4-9-250.F are followed.
d. Mitigation Alternatives and location:
i. 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.
ii. Off-Site Mitigation: When mitigation cannot be provided on-
site, mitigation shall be provided in the immediate vicinity of the permitted
activity on property owned or controlled by the applicant, and identified as such
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through a recorded document such as an easement or covenant, provided such
mitigation is beneficial to the habitat area and associated resources.
iii. 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.
e. Timing of Mitigation Plan -Final Submittal and Mitigation
Commencement: When a mitigation plan is required, the proponent shall submit
a final mitigation plan for the approval of the Administrator 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
construction activity. Where the City requires increased buffers rather than
standard buffers, it shall be noted on the subdivision plan and/or site plan.
f. Timing of Construction and/or Building Permit Issuance: In order
to ensure no loss of critical area functions and values, development permits shall
not be issued prior to installation and acceptance of all required mitigation
unless a surety device in an amount of three hundred percent (300%) of the
mitigation installation contract amount is provided to the satisfaction of the City.
Mitigation activities shall be timed to occur in the appropriate season based on
weather and moisture conditions.
g. When Stream or Lake Mitigation Plan is Required: The applicant
shall be required to conduct a stream or lake mitigation plan pursuant to RMC 4-
8-120 if impacts are identified within a stream or lake study. The approval of the
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stream or lake mitigation plan by the Administrator shall be based on the
following criteria.
i. Mitigation Location: Mitigation location shall follow the
preferences in RMC 4-3-050.L:
(a) On Site Mitigation: On-site mitigation is required unless a
finding is made that on-site mitigation is not feasible or desirable;
(b) Off-Site Mitigation within Same Drainage Subbasin as
Subject Site: Off-site mitigation may be allowed when located within the same
drainage subbasin as the subject site and if it achieves equal or improved
ecological functions over mitigation on the subject site;
(c) Off-Site Mitigation within Same Drainage Basin within
City Limits: Off-site mitigation may be allowed when located within the same
drainage basin within the Renton City limits if it achieves equal or improved
ecological functions within the City over mitigation within the same drainage
subbasin as the project;
(d) Off-Site Mitigation within the Same Drainage Basin
Outside the City Limits: Off-site mitigation may be allowed when located within
the same drainage basin outside the Renton City limits if it achieves equal or
improved ecological functions over mitigation within the same drainage basin
within the Renton City limits and it meets City goals.
ii. Mitigation Type: In all cases, mitigation shall provide for
equivalent or greater biological functions pursuant to RMC 4-3-050.L.l.g.i.(e).
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Additionally, there shall be no net loss of riparian area or shoreline ecological
function resulting from any activity or land use occurring within the regulated
buffer area. Types of mitigation shall follow the preferences in RMC 4-3-050.L:
(a) Daylighting (returning to open channel) of streams or
removal of manmade salmonid migration barriers;
(b) Removal of impervious surfaces in buffer areas and
improved biological function of the buffer;
(c) In-stream or in-lake mitigation as part of an approved
watershed basin restoration project;
(d) Other mitigation suitable for site and water body
conditions that meet all other provisions for a mitigation plan.
iii. Contiguous Corridors: Mitigation sites shall be located to
preserve or achieve contiguous riparian or wildlife corridors to minimize the
isolating effects of development on habitat areas, so long as mitigation of
aquatic habitat is located within the same aquatic ecosystem as the area
disturbed.
(a) Equivalent or Greater Biological Functions: The
Administrator shall utilize the report "City of Renton Best Available Science
Literature Review and Stream Buffer Recommendations" by AC Kindig &
Company and Cedarock Consultants, dated February 27, 2003, unless
superseded with a City-adopted study, to determine the existing or potential
ecological function of the stream or lake or riparian habitat that is being
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affected. Alternate reports or literature that meet Best Available Science may be
utilized as supplemental information in order to ensure the Administrators
determination reflects current science and analysis. Mitigation shall address
each function affected by the alteration. Mitigation to compensate alterations to
stream/lake areas and associated buffers shall achieve equivalent or greater
biologic and hydrologic functions and shall include mitigation for adverse
impacts upstream or downstream of the development proposal site. No net loss
of riparian habitat or water body function shall be demonstrated.
(b) Minimum Mitigation Plan Performance Standards: See
RMC 4-3-050.L.l.
iv. Alternative Mitigation: The mitigation requirements set forth
in this subsection 4-3-050.L.l may be modified at the Administrator's discretion
if the applicant demonstrates that improved habitat functions, on a per function
basis, can be obtained in the affected sub-drainage basin as a result of
alternative mitigation measures.
2. Surety Devices:
a. Required for Mitigation Plans: For any mitigation plans required as
a result of the application of these regulations, a surety device shall be required
to ensure performance consistent with RMC 4-1-230. The King County Critical
Areas Mitigation Bond Quantity Worksheet may be used by applicants to
determine appropriate amounts sufficient to cover the cost of conformance with
the conditions of this section, including corrective measures associated with
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work that is not completed. After the Administrator determines that mitigation
has been successfully completed in compliance with the approved mitigation
plan and the monitoring period has expired, the surety device shall be released.
The City may collect against the surety device and require the property owner to
sign a property access release form when work, which is not completed, is found
to be in violation of the conditions set forth in the mitigation plan and/or the
Administrator determines that the site is in violation of the purposes of this
section.
b. Time Period: The surety device shall be sufficient to guarantee that
structures, improvements, and mitigation required by permit condition perform
satisfactorily for a minimum offive (5) years after they have been completed.
3. Monitoring: All compensatory mitigation projects shall be monitored
for a period necessary to establish that performance standards have been met,
but generally not for a period less than five (5) years. Reports for wetland
mitigation projects shall be submitted quarterly for the first year and thereafter
annually for the next four (4) years following construction for a total of five (5)
years minimum. Subsequent reporting shall be required if applicable to
document milestones, successes, problems, and contingency actions of the
compensatory mitigation. Should the mitigation project fail to meet established
success criteria at any point, the monitoring period shall be started over at year
1. The Administrator shall have the authority to modify or extend the monitoring
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period and require additional monitoring reports for up to ten {10) years when
any of the following conditions apply:
a. The project does not meet the performance standards identified in
the mitigation plan;
b. The project does not provide adequate replacement for the
functions and values of the impacted critical area;
c. The project involves establishment of forested plant communities,
which require longer time for establishment.
M. APPEALS:
1. General: See RMC 4-8-070, Authority and Responsibilities, and RMC 4-
8-110.
2. Record Required-Flood Hazard Areas: See RMC 4-9-250.8.
N. UNAUTHORIZED ALTERATIONS AND ENFORCEMENT
1. Stop Work Order: When a critical area or its buffer has been altered in
violation of this Title, all ongoing development work shall stop. The City shall
have the authority to issue a stop work order to cease all ongoing development
work, and order restoration, rehabilitation, or replacement measures at the
owner's or other responsible party's expense to compensate for violation of
provisions of this Title.
2. Requirement and Timing for Restoration Plan and Site Restoration:
All development work shall remain stopped until a restoration plan is prepared
and approved by City. Such a plan shall be prepared by a qualified professional
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using the best available science and shall describe how the actions proposed
meet the minimum requirements described in RMC 4-3-050.N.3. The
Administrator shall, at the violator's expense, seek expert advice in determining
the adequacy of the plan. Inadequate plans shall be returned to the applicant or
violator for revision and resubmittal. Once the restoration plan has been
approved by the City, the applicant must implement the plan to the satisfaction
of the City prior to recommencing development activity.
3. Minimum Performance Standards for Restoration: Information
demonstrating compliance with the requirements in RMC 4-3-050.L shall be
submitted to the Administrator. The following minimum performance standards
shall be met for the restoration of a critical area, provided that if the violator can
demonstrate that greater functional and habitat values can be obtained, these
standards may be modified:
a. Wellhead Protection Areas, flood hazard areas, wetlands, and
Habitat Conservation Areas:
i. The historic structural and functional values shall be restored,
including water quality and habitat functions;
ii. The historic soil types and configuration shall be replicated;
iii. The critical area and buffers shall be replanted with native
vegetation that replicates the vegetation historically found on the site in species
types, sizes, and densities. The historic functions and values should be replicated
at the location of the alteration; and
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b. Geologic hazards:
i. The hazard shall be reduced to a level equal to, or less than, the
pre-development hazard;
ii. Any risk of personal injury resulting from the alteration shall be
eliminated or minimized; and
iii. The hazard area and buffers shall be replanted with native
vegetation sufficient to minimize the hazard.
4. Site Investigations Authorized: The Administrator is authorized to
make site inspections and take such actions as are necessary to enforce this Title.
The Administrator shall present proper credentials and make a reasonable effort
to contact any property owner before entering onto private property.
5. Penalties: See RMC 4-3-120 and RMC 4-1.
SECTION Ill. Section 4-3-120, Violations of the Chapter and Penalties, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations, of the
Renton Municipal Code, is hereby amended as follows:
4-3-120 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 issuance of an infraction notice, stop work order or referral
to the City Attorney's office for filing of criminal charges, as the case may be.
B. VIOLATION OF THIS CHAPTER AND PENALTIES:
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Unless otherwise specified Except for violations of the Adult Retail and
Entertainment Regulations, violations of this Chapter are misdemeanors civil
infractions subject to RMC 1-3-±. Any person, party, firm, corporation, or other
legal entity violating any of the provisions of this Chapter shall be guilty of a civil
infraction for the first through third offenses. Each day or portion of a day during
which a violation of this Chapter is committed or continued shall constitute a
separate offense. Any development carried out contrary to the provisions of this
Chapter shall constitute a public nuisance and may be enjoined as provided by
the statutes of the state of Washington. The City may levy civil penalties against
any person, party, firm, corporation, or other legal entity for violation of any of
the provisions of this Chapter. The civil penalty shall be assessed at a rate of one
thousand dollars ($1,000.00) to five thousand dollars ($5,000.00) per day per
violation depending on the severity of the violation. The Administrator may
waive the penalty for a first offence. Penalties for subsequent violations by the
same entity shall be assessed at a rate of five thousand dollars ($5,000.00) to ten
thousand dollars ($10,000.00) per day depending on the severity of the violation.
After the third violation, subsequent violations shall be handled as
misdemeanors.
C. 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 Administrator
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may require tests as proof of compliance 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
Administrator shall determine test procedures.
SECTION IV. The definition of "Biological Assessment/Critical Area Study" in
subsection 4-8-120.D.2, Definitions B, of Chapter 8, Permits -General and Appeals, of Title IV
(Development Regulations) ofthe Renton Municipal Code is hereby amended as follows:
Biological Assessment/Critical Area Study: Projects with the potential to
impact fish (Chinook salmon, bull trout, steelhead trout), unexpected, new, rare
or other endangered species habitat (bald eagles) shall provide a biological
assessment/critical area study. The purpose of this assessment is to determine
whether a proposed action is likely to: (1) adversely affect listed or de-listed
species or designated critical habitat; (2) jeopardize the continued existence of
species that are proposed for listing, or unexpected, new or rare species; or (3)
adversely modify proposed critical habitat. A biological assessment/critical area
study is a written study that evaluates the proposal, all probable impacts and
risks related to the critical area, and recommends appropriate mitigation
measures to adequately protect the functions and values of the critical area, and
preserve anadromous fish and their habitat.
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The assessment/study shall be prepared by a person with experience and
training in the scientific discipline appropriate for the relevant critical area in
accordance with WAC 365-195-095{4), as it m<ists or may be amended. A
qualified professional must have obtained a B.S. or B.A. or equivalent degree in
biology, engineering, environmental studies, fisheries, geomorphology, biological
assessment, or related field, and have at least five 12l_years of related work
experience.
a. A qualified professional for wetlands must be a professional
wetland scientist with at least two (2) years of full-time work experience as a
wetlands professional, including delineating wetlands using the federal manuals
and supplements, preparing wetlands reports, conducting function assessments,
and developing and implementing mitigation plans.
b. A qualified professional for ~ish and Wildlife h.t!abitat conservation
must have a degree in biology or a related degree and professional experience
related to the subject species.
c. A qualified professional for a geological hazard must be a
professional engineer or geologist, licensed in the state of Washington.
d. A qualified professional for critical aq~:~ifer recharge areas Wellhead
Protection Areas means a hydrogeologist, geologist, engineer, or other scientist
with experience in preparing hydrogeologic assessments.
The assessment/study shall use scientifically valid methods and studies in the
analysis of critical area data and field reconnaissance and reference the source of
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the material used. Best available science is that scientific information applicable
to the critical area prepared by local state or federal natural agencies or a
qualified scientific professional that is consistent with the criteria established in
WAC 395-195-900 through 365-195-925, as they exist or may 8e aFnended.
The assessment/study shall contain, at a minimum, the following
information, as applicable:
a. The name and contact information of the applicant;
b. The dates, names, and qualifications of the persons preparing the
assessment/study and documentation of any fieldwork performed on the site;
c. A description of the proposal and identification of the permits
requested;
d. A site plan showing:
i. Identified critical areas, buffers and the development proposal
with dimensions;
ii. Topography at two (2) foot intervals;
iii. Limits of any areas to be cleared/impacted; and
iv. A description of the proposed stormwater management plan
for the development and consideration of impacts to drainage alterations;
e. Accurate identification, location, and characterization of critical
areas, water bodies, and buffers adjacent to the proposed project area or
potentially impacted by the proposed project;
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f. A statement specifying the accuracy of the assessment/study,
assumptions used in the assessment/study, and explaining how best available
science has been incorporated;
g. Determination of the degree of hazard and risk from the proposal
both on the site and on surrounding properties;
h. An assessment of the probable cumulative impacts to the critical
areas, their buffers and other properties resulting from the proposal;
i. An evaluation of the project's compliance with sections 7 and 9 of
the Endangered Species Act;
j. A description of reasonable efforts made to apply mitigation
sequencing to avoid, minimize, and mitigate impacts to critical areas;
k. Plans for adequate mitigation to offset any impacts and an
explanation of how best management practices will be used to minimize impacts
to critical area; and
I. Recommendations for maintenance, short-term and long-term
monitoring, contingency plans and security requirements.
SECTION V. Subsection d of the definition of "Final Plat Plan" in subsection 4-8-
120.D.6, Definitions F, of Chapter 8, Permits -General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code is hereby amended as shown below. The rest of the
definition shall remain as currently codified.
d. Include boundaries of utility, open space, and/or critical area(s)
tracts, square footage, and purpose statement of each tract. Clearly delineate
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the critical area and buffer boundaries within the tract and indicate a dimension
for buffer width.
SECTION VI. Subsection n of the definition of "Lot Line Adjustment Map" in subsection
4-8-120.D.12, Definitions L, of Chapter 8, Permits -General and Appeals, of Title IV
(Development Regulations) of the Renton Municipal Code is hereby amended as shown below.
The rest of the definition shall remain as currently codified.
n. Location of existing conditions (such as wetlands, steep slopes,
watercourses) on or adjacent to the site which could hinder development.
Include boundaries of utility, open space, and/or critical area(s) tracts, square
footage, and purpose statement of each tract. Clearly delineate the critical area
and buffer boundaries within the tract and indicate a dimension for buffer width,
SECTION VII. Subsections i and j of the definition of "Preliminary Plat or Binding Site
Plan" in subsection 4-8-120.D.16, Definitions P, of Chapter 8, Permits-General and Appeals, of
Title IV (Development Regulations) of the Renton Municipal Code are hereby amended as
shown below. The rest of the definition shall remain as currently codified.
i. Location, distances from existing and new lot lines, and dimensions
of any existing and proposed structures, existing on site trees on and abutting
the site, existing or proposed fencing or retaining walls, freestanding signs, and
easements.
j. Location of existing conditions on or adjacent to the site which
could hinder development. Include boundaries of utility, open space, and/or
critical area(s) tracts, square footage, and purpose statement of each tract.
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Clearly delineate the critical area and buffer boundaries within the tract and
indicate a dimension for buffer width.
SECTION VIII. Subsection t of the definition of "Short Plat or Binding Site Plan Map,
Final" in subsection 4-8-120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of
Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as shown
below. The rest of the definition shall remain as currently codified.
t. Location of existing conditions (such as wetlands, steep slopes,
watercourses) on or adjacent to the site which could hinder development.
Include boundaries of utility, open space, and/or critical area(s) tracts, square
footage, and purpose statement of each tract. Clearly delineate the critical area
and buffer boundaries within the tract and indicate a dimension for buffer width.
SECTION IX. Subsections j and k of the definition of "Short Plat Map, Preliminary" in
subsection 4-8-120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of Title IV
(Development Regulations) of the Renton Municipal Code are hereby amended as shown
below. The rest ofthe definition shall remain as currently codified.
j. Location and dimensions of any existing and proposed structures,
existing on site trees on and abutting the site, existing or proposed fencing or
retaining walls, freestanding signs, and easements;
k. Location of existing conditions on or adjacent to the site which
could hinder development; Include boundaries of utility, open space, and/or
critical area(s) tracts, square footage, and purpose statement of each tract.
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Clearly delineate the critical area and buffer boundaries within the tract and
indicate a dimension for buffer width;
SECTION X. Subsections f and g of the definition of "Site Plan" in subsection 4-8-
120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code are hereby amended as shown below. The rest of
the definition shall remain as currently codified.
f. Location and dimensions of existing and proposed structures,
parking and loading areas, driveways, existing on site trees on and abutting the
site, existing or proposed fencing or retaining walls, freestanding signs,
easements, refuse and recycling areas, freestanding liquid fixtures, utility
junction boxes, public utility transformers, storage areas, buffer areas, open
spaces, and landscaped areas,
g. The location and dimensions of natural features such as streams,
lakes, marshes and wetlands. Include boundaries of utility, open space, and/or
critical area(s) tracts, square footage, and purpose statement of each tract.
Clearly delineate the critical area and buffer boundaries within the tract and
indicate a dimension for buffer width,
SECTION XI. Subsection b of the definition of "Site Plan, Sign" in subsection 4-8-
120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code is hereby amended as shown below. The rest of the
definition shall remain as currently codified.
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b. Location, identification and dimensions of all buildings, property
lines, existing and proposed signs, streets, alleys and easements, and the
setbacks from property lines and easements, trees to be removed or altered,
distance in feet from any critical areas/buffers,
SECTION XII. Subsection e of the definition of "Site Plan, Single Family/Duplex" in
subsection 4-8-120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of Title IV
(Development Regulations) of the Renton Municipal Code is hereby amended as shown below.
The definition is further amended by adding a new subsection n, as shown below. The rest of
the definition shall remain as currently codified.
e. Dimensions and labels for all streets, alleys, and/or easements, and
critical areas,
n. Location of all trees on and abutting the site. Indicate which trees
are to be removed and depict drip lines for those trees to be retained.
SECTION XIII. The definition of "Stream or Lake Mitigation Plan" in subsection 4-8-
120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code is hereby amended as follows:
Stream or Lake Mitigation Plan, Preliminary: The mitigation plan must
ensure compensation for impacts that result from the chosen development
alternative or from a violation as identified in the impact evaluation. A mitigation
plan must include:
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a. Site Map: Site map(s) indicating, at a scale no smaller than one inch
equals twenty feet (1" = 20') (unless otherwise approved by the Comm~:~nity and
teonomie De'leloJ3ment Administrator):
i. The entire parcel of land owned by the applicant, including one
hundred feet (100') of the abutting parcels through which the water body(ies)
flow(s);
ii. The ordinary high water mark (OHWM) determined in the field
by a qualified biologist pursuant to RMC 4-3-050:.L:.l:.b (the OHWM must also be
flagged in the field);
iii. Stream or lake classification, as recorded in the City of Renton
Water Class Map as identified in the City of Renton's COR Maps, the City's online
interactive mapping application available through the City's website, in RMC 4 3
OSOQ4 or RMC 4-3-090 (if unclassified, see "Supplemental Stream or Lake
Study");
iv. Topography of the site and abutting lands in relation to the
stream(s) and its/their buffer(s) at contour intervals of two feet (2') where slopes
are less than ten percent (10%), and of five feet (5') where slopes are ten percent
(10%} or greater;
v. One hundred (100} year floodplain and floodway boundaries,
including one hundred feet (100') of the abutting parcels through which the
water body(ies) flow(s);
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vi. Site drainage patterns, using arrows to indicate the direction of
major drainage flow;
vii. Top view and typical cross-section views of the stream or lake
bed, banks, and buffers to scale;
viii. The vegetative cover of the entire site, including the stream or
lake, banks, riparian area, and/or abutting wetland areas, extending one
hundred feet (100') upstream and downstream from the property line. Include
position, species, and size of all trees_Q[_at least ten inches (10") average
diameter six inch (6") caliper and larger, fifty-four inches (54") above grade, and
the location, size and species of all protected trees on the site that are within
one hundred feet (100') of the OHWMf, and the location of any measures to
protect trees on and abutting the site;
ix. The location, width, depth, and length of all existing and
proposed structures, roads, stormwater management facilities, wastewater
treatment and installations in relation to the stream/lake and its/their buffer(s);
x. Location of site access, ingress and egress; and
xi. Location of where all mitigation or remediation measures have
taken place on the site, or are proposed to take place.
b. Mitigation narrative on eight and one-half inch (8.5") by eleven
inch (11") paper that includes the following elements:
i. Description of the mitigation plan, which includes a summary of
mitigation proposal required in the supplemental stream or lake study; and
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ii. Performance standards with specific criteria provided for
evaluating whether or not the goals and objectives of the project are achieved;
and
iii. Documentation of coordination with appropriate local,
regional, special district, state, and federal regulatory agencies; and
iv. Evaluation of each of the mitigation plan criteria found in RMC
4-3-050.L; and
v. Analysis, for projects proposing buffer reduction with buffer
averaging, of the effectiveness of the proposed Buffer Enhancement shall be
provided. Additionally, a detailed analysis of the project's compliance with each
of the following criteria:
their habitat; and
(a) It will provide an overall improvement in water quality; and
(b) It will provide an overall enhancement to fish, wildlife, or
(c) It will provide a net improvement in drainage and/or
stormwater detention capabilities; and
(d) It will not be materially detrimental to any other property
or the City as a whole; and
(e) It will stabilize all exposed areas with native vegetation, as
appropriate.
vi. An analysis, for projects proposing buffer averaging, of the
effectiveness of the proposed Buffer Enhancement, as well as documentation
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that the proposed buffer standard is based on consideration of the best available
science as described in WAC 365-195-905 shall be provided. Additionally,
detailed analysis ofthe project's compliance with each of the following criteria:
(a) There are existing physical improvements in or near the
water body and associated riparian area; and
(b) Buffer width averaging will result in no net loss of
stream/lake/riparian ecological function; and
(c) The total area contained within the buffer after averaging
is no less than that contained within the required standard buffer width prior to
averaging.
e. Menitering and Maintenanee Plan; The plan shall se on eight and one
half inch (8.5") sy eleven inch (11") paper that incii:Jdes the following elements:
i. Operations and maintenance practices for protection and maintenance
of the site;~
ii. Monitoring and eval1:1ation proced1:1res, incl1:1ding minim1:1m monitoring
standards and timelines (i.e., ann1:1al, semi ann1:1al, q1:1arterly);~
iii. Contingency plan with remedial actions for ~:~ns~:~ccessf1:1l mitigation.
d, Swretv Deviee; A s1:1rety device that m1:1st se filed with the City of
Renton.
SECTION XIV. The definition of "Stream or Lake Study, Standard" in subsection 4-8-
120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of Title IV (Development
Regulations, of the Renton Municipal Code, is hereby amended as follows:
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Stream or Lake Study, Standard: A report shall be prepared by a qualified
biologist, ~nless otherwise determined by the Comm~nity and ~conomic
Development /\drninistrator, and include the following information:
a. Site Map: Site map(s) indicating, at a scale no smaller than one inch
equals twenty feet (1" = 20') (unless otherwise approved by the Community and
Economic Development Administrator):
i. The entire parcel of land owned by the applicant, including one
hundred feet (100') of the abutting parcels through which the water body(ies)
flow(s);
ii. The ordinary high water mark (OHWM) determined in the field
by a qualified biologist pursuant to RMC 4-3-050J)~b (the OHWM must also be
flagged in the field);
iii. Stream or lake classification, as recorded in the City of Renton's
COR Maps, the City's online interactive mapping application available through
the City's website, for the City of Renton Water Class Map in RMC 4 3 OSOQ4 or
RMC 4-3-090 (if unclassified, see "Supplemental Stream or Lake Study" below);
iv. Topography of the site and abutting lands in relation to the
stream(s) and its/their buffer(s) at contour intervals of two feet (2') where slopes
are less than ten percent (10%), and of five feet (5') where slopes are ten percent
(10%) or greater;
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v. One hundred (100) year floodplain and floodway boundaries,
including one hundred feet (100') of the abutting parcels through which the
water body(ies) flow(s);
vi. Site drainage patterns, using arrows to indicate the direction of
major drainage flow;
vii. Top view and typical cross-section views of the stream or lake
bed, banks, and buffers to scale;
viii. The vegetative cover of the entire site, including the stream or
lake, banks, riparian area, and/or abutting wetland areas, extending one
hundred feet (100') upstream and downstream from the property line. Include
position, species, and size of all trees of at least ten inches (10") average
diameter six inch (6") caliper and larger, fifty four inches (54") above grade, and the
location, size and species of all protected trees on the site that are within one
hundred feet (100') ofthe OHWM;, and the location of measures to protect trees
on and abutting the site;
ix. The location, width, depth, and length of all existing and
proposed structures, roads, stormwater management facilities, wastewater
treatment and installations in relation to the stream/lake and its/their buffer(s);
and
x. Location of site access, ingress and egress.
b. Grading Plan: A grading plan prepared in accordance with RMC 4-
8-120.:.DJ, and showing contour intervals of two feet {2') where slopes are less
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ORDINANCE NO. 5757
than ten percent (10%), and of five feet (5') where slopes are ten percent (10%)
or greater.
c. Stream or Lake Assessment Narrative: A narrative report on eight
and one-half inch (8.5") by eleven inch (11") paper shall be prepared to
accompany the site plan and describes:
i. The stream or lake classification as recorded in the City of
Renton's COR Maps, the City's online interactive mapping application available
through the City's website, for the City of Renton Water Class Map in RMC 4 ~
OSOQ4 or RMC 4-3-090;
ii. The vegetative cover of the site, including the stream or lake,
banks, riparian area, wetland areas, and flood hazard areas extending one
hundred feet (100') upstream and downstream from the property line, including
the impacts of the proposal on the identified vegetation;
iii. The ecological functions currently provided by the stream/lake
and existing riparian area and the impacts of the proposal on the identified
ecological functions;
iv. Observed or reported fish and wildlife that make use of the
area including, but not limited to, salmonids, mammals, and bird nesting,
breeding, and feeding/foraging areas, including the impacts of the proposal on
the identified fish and wildlife;
v. Measures to protect trees, as defined~ ln._RMC 4-11-200, and
vegetation; and
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vi. For shorelines regulated under RMC 4-3-090, Shoreline Master
Program, the study shall demonstrate if the proposal meets the criteria of no net
loss of ecological functions as described in RMC 4-3-090D2. If the proposal
requires mitigation for substantial impacts to the existing vegetation buffer in
order to demonstrate no net loss of ecological functions, a supplemental stream
or lake study may be !i_required by the Community and ~conomic Development
1\d min istrator.
SECTION XV. The definition of "Stream or Lake Study, Supplemental" in subsection 4-8-
120.D.19, Definitions S, of Chapter 8, Permits-General and Appeals, of Title IV (Development
Regulations) ofthe Renton Municipal Code, is hereby amended as follows:
Stream or Lake Study, Supplemental (AKA Mitigation Plan, Final): The
application shall include the following information:
a. Unclassified Stream Assessment: If the site contains an
unclassified stream, a qualified biologist shall provide a proposed classification of
the stream(s) based on RMC 4-3-050.:.L) and a rationale for the proposed rating.
b. Analysis of Alternatives: A supplemental report on eight and one-
half inch (8.5") by eleven inch {11") paper prepared by a qualified biologist shall
evaluate alternative methods of developing the property. The following
alternatives shall be analyzed, including justification of the feasibility of each
alternative:
i. Avoid any disturbances to the stream, lake or buffer by not
taking a certain action, by not taking parts of an action, or by moving the action;
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ii. Minimize any stream, lake or buffer impacts by limiting the
degree or magnitude of the action and its implementation by using appropriate
technology and engineering, or by taking affirmative steps to avoid or reduce the
impacts;
iii. Rectifying the impacts by repairing, rehabilitating, or restoring
the affected area;
iv. Reducing or eliminating the adverse impact over time by
preservation and maintenance operations over the life of the action;
v. Compensate for any stream, lake or buffer impacts by replacing,
enhancing, or providing similar substitute resources or environments and
monitoring the impact and taking appropriate corrective measures.
c. Impact Evaluation:
i. An impact evaluation for any unavoidable impacts prepared by a
qualified biologist, to include:
(a) Identification, by characteristics and quantity, of the
resources (stream, lake) and corresponding functional values found on the site;
(b) Evaluation of alternative locations, design modifications, or
alternative methods of development to determine which option(s) reduce(s) the
impacts on the identified resource(s) and functional values of the site;
(c) Determination of the alternative that best meets the
applicable approval criteria and identify significant detrimental impacts that are
unavoidable;
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(d) Evaluation of the cumulative impacts on the system, to the
extent that the site resources and functional values are part of a larger natural
system such as a watershed .
(e) Evaluation, for shorelines regulated by RMC 4-3-090, of
how the preferred alternative achieves the standard of no net loss of ecological
functions under RMC 4-3-090.:.0:.2~~
(f) Evaluation of each of the mitigation plan criteria found in
RMC 4-3-050.K.l, Mitigation plan required.
ii. For a violation, the impact evaluation must also include:
(a) Description, by characteristics and quantity, of the
resource(s) and functional values on the site prior to the violations; and
(b) Determination of the impact of the violation on the
resource(s) and functional values.
d. Mitigation Proposal Shall Include the Following:
i. A site plan, at a scale approved by the City, containing all the
elements of the site plan required in the standard stream and lake study, and the
following:
(a) Indication of where proposed mitigation or remediation
measures will take place on the site;
(b) Separate indication of areas where revegetation is to take
place and areas where vegetation is anticipated to be removed; ;:m&
(c) Measures to protect trees on and abutting the site; and
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(EQ) Any other areas of impact with clear indication of type
and extent of impact indicated on site plan.
ii. A mitigation narrative on eight and one-half inch (8.5") by
eleven inch (11") paper addressing all of the following:
(a) Resource(s) and functional values to be restored, created,
or enhanced on the mitigation site(s);
(b) Environmental goals, objectives, and performance
standards to be achieved by mitigation;
(c) Discussion of compliance with criteria or conditions
allowing for the proposed stream/lake alteration or buffer reduction or buffer
averaging, and a discussion of conformity to applicable mitigation plan approval
criteria;
(d) A review of the best available science supporting the
proposed request for a reduced standard and/or the method of impact
mitigation; a description of the report author's experience to date in restoring or
creating the type of critical area proposed; and an analysis of the likelihood of
success of the compensation project; and
(e) Cost estimates for implementation of mitigation plan for
purposes of calculating surety device.
iii. For shorelines regulated by RMC 4-3-090, a discussion of how
the proposed plans meet or exceed the standard of no net loss of ecological
functions under RMC 4-3-090:.0.);
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iv. The proposed construction schedule.
e. Monitoring and Maintenance Plan: The plan shall be on eight and
one-half inch (8.5") by eleven inch (11") paper that includes the following
elements:
i. Operations and maintenance practices for protection and
maintenance of the site; and
ii. Monitoring and evaluation procedures, including minimum
monitoring standards, measurable success criteria, and timelines (i.e., annual,
semi-annual, quarterly); and
iii. Contingency plan with remedial actions for unsuccessful
mitigation.
f. Surety Device: A surety device in one hundred fifty percent (150%)
of the estimated cost of remedial actions if the mitigation plan is unsuccessful
must be filed with the City of Renton.
g. Permit Conditions: Any compensation project prepared for
mitigation pursuant to RMC 4-3-050 and approved by the City shall become part
of the application for project approval.
h. Demonstration of Competence: A demonstration of financial
resources, administrative, supervisory, and technical competence and scientific
expertise of sufficient standing to successfully execute the compensation project
shall be provided. A compensation project manager shall be named and the
qualifications of each team member involved in preparing the mitigation plan
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and implementing and supervising the project shall be provided, including
educational background and areas of expertise, training and experience with
comparable projects.
SECTION XVI. The definition of "Wetland Assessment" in subsection 4-8-120.D.23,
Definitions W, of Chapter 8, Permits -General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code, is hereby amended as follows:
Wetland Assessment: A wetland assessment includes the following:
a. A description of the project and maps at a scale no smaller than
one inch equals two hundred feet (1" = 200') showing the entire parcel of land
owned by the applicant and the wetland boundary surveyed by a qualified
surveyor, and pursuant to RMC 4-3-050.:.M.:.3;
b. A description of the vegetative cover of the wetland and adjacent
area including identification of the dominant plant and animal species;
c. A site plan for the proposed activity at a scale no smaller than one
inch equals two hundred feet (1" = 200') showing the location, width, depth and
length of all existing and proposed structures, roads, stormwater management
facilities, sewage treatment and installations within the wetland and its buffer;
d. The exact locations and specifications for all activities associated
with site development including the type, extent and method of operations;
e. Elevations of the site and adjacent lands within the wetland and its
buffer at contour intervals of no greater than five feet (5') or at a contour
interval appropriate to the site topography and acceptable to the City;
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f. Top view and typical cross-section views of the wetland and its
buffer to scale;
g. The purposes of the project.:. and, if a wetland alteration or a buffer
reduction or averaging proposal is being requested, an explanation of how
applicable revie .... · criteria are met;
h. If 'Netland mitigation is proposed, a mitigation plan 1Nhich includes
baseline information, an identification of direct and indirect impacts of the
project to the wetland area and wetland functions, environmental goals and
objectives, performance standards, construction plans, a monitoring program
and a contingency plan.
i. Alternath:e Metl:teEis ef QetJelepment; If wetland changes are
proposed, the applicant shall evaluate alternative methods of developing the
property using the following criteria in this order:
..__ Avoid any disturbances to the wetland or buffer;
..__ Minimize any , .. ,etland or buffer impacts;
..__ Compensate for any wetland or buffer impacts;
..__ Restore any wetlands or buffer impacted or lost temporarily;
..__ Create new wetlands and buffers for those lost; and
In addition to restoring a wetland or creating a wetland, enhance an existing
..__ degraded wetland to compensate for lost functions and values.
This C\•aluation shall be submitted to the Department Administrator. /\ny
proposed alteration of wetlands shall be evaluated by the Department
Administrator using the abo .. •e hierarchy.
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fh. Such other information as may be needed by the City, including
but not limited to a study of hazards if present on site, the effect of any
protective measures that might be taken to reduce such hazards; and any other
information deemed necessary to verify compliance with the provisions of this
&~ection.
SECTION XVII. Subsection e, Monitoring Program, of the definition of "Wetland
Mitigation Plan -Final" in subsection 4-8-120.D.23, Definitions W, of Chapter 8, Permits -
General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, is
hereby amended as follows:
e. Monitoring and Maintenance Plan and Program: A program
outlining the approach for monitoring construction and development of the
compensation project and for assessing a completed project shall be provided in
the mitigation plan.-----------------------
i. The plan shall be on eight and one-half inch (8.5") by eleven inch
(11") paper that includes the following elements:
(a) Operations and maintenance practices for protection and
maintenance of the site; and
(b) Monitoring and evaluation procedures, including minimum
monitoring standards, measurable success criteria, and timelines (i.e., annual,
semi-annual, quarterly); and
(c) Contingency plan with remedial actions for unsuccessful
mitigation.
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lL_Monitoring may include, but is not limited to:
f.:. .@LEstablishing vegetation plots to track changes in plant
species composition and density over time;
+f.:. iQLUsing photo stations to evaluate vegetation community
response;
f.i+...{fl_Sampling surface and subsurface waters to determine
pollutant loading, and changes from the natural variability of background
conditions (pH, nutrients, heavy metals);
f.v..:.iQLMeasuring base flow rates and storm water runoff to
model and evaluate hydrologic and water quality predictions;
V7 .(gl_Measuring sedimentation rates;
vf.:.ifL_Sampling fish and wildlife populations to determine
habitat utilization, species abundance and diversity; and
¥if:. .(gL_A description shall be included outlining how the
monitoring data will be evaluated by agencies that are tracking the progress of
the compensation project. A monitoring report shall be submitted quarterly for
the first year and annually thereafter, and at a minimum, should document
milestones, successes, problems, and contingency actions of the compensation
project. The compensation project shall be monitored for a period necessary to
establish that performance standards have been met, but not for a period less
than five (5) years.
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SECTION XVIII. The definition of "Wetland Mitigation Plan -Final" in subsection 4-8-
120.D.23, Definitions W, of Chapter 8, Permits-General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code, is hereby amended to add a new subsection i,
Surety Device, to read as follows:
L. Surety Device: A surety device in one hundred fifty percent (150%)
of the estimated cost of remedial actions if the mitigation plan is unsuccessful
must be filed with the City of Renton.
SECTION XIX. The definition of "Wetland Mitigation Plan-Preliminary" in subsection 4-
8-120.D.23, Definitions W, of Chapter 8, Permits -General and Appeals, of Title IV
(Development Regulations) of the Renton Municipal Code, is hereby amended as follows:
Wetland Mitigation Plan -Preliminary: A preliminary wetland mitigation
plan shall include the following:
a. A conceJ:ltl::lal site plan demonstrating sufficient area for
replacement ratios;
b. Proposed planting scheme for created, restored, and enhanced
wetlands;
c. Written report consistent with final \'letland mitigation J:llan
req~::~irements regarding baseline information, en'lironmental goals and
objecti'les, and J:lerformance standards. on eight and one-half inch (8.5") by
eleven inch (11") paper:
i. identifying direct and indirect impacts of the project to the
wetland area and wetland functions, environmental goals and objectives, and
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performance standards, and evaluating alternative methods of developing the
property using the following criteria in this order:
temporarily;
(a) Avoiding any disturbances to the wetland or buffer;
(b) Minimizing any wetland or buffer impacts;
(c) Compensating for any wetland or buffer impacts;
(d) Restoring any wetlands or buffer impacted or lost
(e) Creating new wetlands and buffers for those lost; and
(f) Enhancing an existing degraded wetland to compensate
for lost functions and values, in addition to restoring a wetland or creating a
wetland.
ii. Evaluating each of the mitigation plan criteria found in RMC 4-
3-050.L.
iii For projects proposing a reduction in wetland buffer width
with enhancement, providing a detailed analysis of the project's compliance with
each of the following criteria:
(a) The reduced buffer will function at a higher level than the
standard buffer in compliance with subsections (ii) through (v) of this Section,
and
(b) An enhanced buffer shall never be less than 75% of the
standard width at its narrowest point, and
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(c) The buffer area has less than fifteen percent (15%) slopes
and no direct or indirect, short-term or long-term, adverse impacts to regulated
wetlands, as determined by the City, will result from a regulated activity, and
(d) The proposal shall rely upon a site specific evaluation and
documentation of buffer adequacy based upon Wetlands in Washington State,
Volume 1: A Synthesis of the Science (Ecology Publication #05-06-006, March
2005) and Wetlands in Washington State, Volume 2: Managing and Protecting
Wetlands (Ecology Publication #04-06-008, April 2005)., or similar approaches,
and
(e) The proposed buffer standard is based on consideration of
the best available science as described in WAC 365-195-905;
iv. And, for projects proposing averaging in wetland buffer width
with enhancement, providing a detailed analysis of the project's compliance with
each ofthe following criteria:
(a) There are existing physical improvements in or near the
wetland and buffer; and
(b) That width averaging will not adversely impact the wetland
function and values; and
(c) That the total area contained within the wetland buffer
after averaging is no less than that contained within the required standard buffer
prior to averaging; and
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(d) A site specific evaluation and documentation of buffer
adequacy based upon Wetlands in Washington State, Volume 1: A Synthesis of
the Science (Ecology Publication #05-06-006, March 2005) and Wetlands in
Washington State, Volume 2: Managing and Protecting Wetlands (Ecology
Publication #04-06-008, April 2005), or similar approaches have been conducted.
The proposed buffer standard is based on consideration of the best available
science as described in WAC 365-195-905; and
(e) In no instance shall the buffer width be reduced by more
than seventy-five percent (75%) of the standard buffer. Greater buffer width
reductions require review as a variance pursuant to RMC 4-9-250.B; and
(f) And analysis of the effectiveness of the proposed Buffer
Enhancement.
SECTION XX. Subsection 4-9-250.B.1.c, Proposals Located Within Critical Areas, of
Chapter 9, Permits Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is hereby amended as follows:
c. Proposals located Within Critical Areas:
i. ,t\Etwifer Wellhead 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 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.
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ii. Flood Hazards: Variances from the flood hazard requirements
of RMC 4-3-050, Critical Areas Regulations.
iii. Steep Slopes Forty Percent (40%) or Greater and Very High
Landslide Hazards: Variances from the geologic hazard requirements of RMC 4-
3-050, Critical Areas Regulations.
iv. Wetlands:
(a) Creation/restoration/enhancement ratios: Categories ±
!and~!!-
(b) Buffer width reductions not otherwise authorized by RMC
4-3-050M6e and M6f for Category ~JY.
(c) A new or expanded single family residence on an existing,
legal lot, having a regulated Category~ .!Y_wetland.
(d) Buffer width reductions not otherwise authorized by RMC
4-3-050M6e and M6f for Category ±!-or~!!-
v. Streams and Lakes:
(a) A new or expanded single family residence on a pre-
existing platted lot where there is not enough developable area elsewhere on
the site to accommodate building pads and provide practical off-street parking,
providing reasonable use of the property.
(b) Buffer width reductions not otherwise authorized by RMC
4-3-0504:, Streams and Lakes for Class 2 to 4Types F, Np, and Ns.
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(c) Activities proposing to vary from stream regulations not
listed elsewhere in Sl::lssection RMC 4-9-250.8.).:.a of this Section, and authorized
to be requested as variances in RMC 4-3-050-b
vi. General: Public/quasi-public utility or agency proposing to alter
aq1::1ifer wellhead protection, geologic hazard, habitat or wetlands regulations not
listed above.
SECTION XXI. The first sentence of subsection 4-9-250.8.7, Special Review Criteria for
Variances from the Aquifer Protection Regulations, of Chapter 9, Permits Specific, of Title IV
(Development Regulations) of the Renton Municipal Code, is hereby amended as shown below.
Subsections 4-9-250.8.1.7.a-d shall remain as currently codified.
7. Special Review Criteria for Variances from the ,A,qwifer Wellhead
Protection Regulations: Except for public or quasi-public utility or agency
proposals which are subject to s1::18section RMC 4-9-250.8.:.10 of this Section, the
following criteria shall be considered, in addition to those criteria in s~::~ssections
RMC 4-9-250.8.:.5 and 8.:.6 of this Section, for variances from aquifer protection
regulations:
SECTION XXII. The first sentence of subsection 4-9-250.8.9, Special Review Criteria -
Single Family Residence on a Legal Lot with a Category 3 Wetland; or Single Family Residence
on a Legal Lot with a Class 2, 3, or 4 Stream/Lake, of Chapter 9, Permits Specific, of Title IV
(Development Regulations) of the Renton Municipal Code, is hereby amended as shown below.
Subsections 4-9-250.8.1.9.a-h shall remain as currently codified.
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9. Special Review Criteria -Single Family Residence on a Legal Lot with
a Category i nl._Wetland; or Single Family Residence on a Legal Lot with a Glass
2, ~. er 4 Type F, Np, or Ns Stream/Lake: In lieu of the criteria shown in
s1:1bsection RMC 4-9-250.8.)0 of this Section, a variance may be granted from
any wetland or stream 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:
SECTION XXIII. The first sentence of subsection 4-9-250.8.10, Special Review Criteria
-Public/Quasi-Public Utility or Agency Altering Aquifer Protection, Geologic Hazard, Habitat,
Steam/Lake or Wetland Regulations, of Chapter 9, Permits Specific, of Title IV (Development
Regulations) of the Renton Municipal Code, is hereby amended as shown below. Subsections 4-
9-250.8.1.10.a-j shall remain as currently codified.
10. Special Review Criteria -Public/Quasi-Public Utility or Agency
Altering A.EfYifer Wellhead Protection, Geologic Hazard, Habitat, Stream/Lake
or Wetland Regulations: In lieu of the variance criteria of s1:1bsection RMC 4-9-
250.8.:.5 of this Section, 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:
SECTION XXIV. The definition of "Department" in section 4-11-040, Definitions D, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
hereby amended as follows:
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DEPARTMENT: The Planning/Builsing/Public \'\forks Department of Community and
Economic Development of the City of Renton, unless otherwise specified.
SECTION XXV. The definition of "Stream/Lake Class" in section 4-11-190, Definitions
S, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal
Code, is hereby amended as follows:
STREAM/LAKE CLASS: The stream and lake waters in the City are defined by
class as follows: indicated in RMC 4-3-050.
1. Class li Class 1 waters are perennial salrnoni8 bearing waters which
are classifies by the City ana State as Shorelines of the State.
2. Class 2i Class 2 waters are perennial or intermittent salrnoni8 bearing
waters which rneet one or rnore of the follmving criteria:
a. Mappe8 on ~igure 4 ~ OSOQ4, Renton Water Class Map, as Class 2;
ana/or
b. l=listorieally ana/or currently known to support salrnoniss, inelusing
resisent trout, at an·,· stage in the species lifeeyele; ana/or
e. Is a water bosy (e.g., pons, lake) bet\veen one half (O.S) acre ana
t\\•enty (20) acres in size.
~. Class ~i Class ~ waters are non salrnoni8 bearing perennial waters
suring years of norrnal rainfall, ana/or rnappe8 on ~igure 4 ~ OSOQ4, Renton
Water Class Map, as Class ~-
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4, Class 4; Class 4 ·.vaters are non salmonid bearing intermittent waters
d1:1ring years of normal rainfall, and/or mapped on Fig1:1re 4 3 OSOQ4, Renton
Water Class Map, as Class 4.
§, Class §; Class S waters are non reg1:1lated non salmonid bearing waters
which meet one or more of the following criteria:
a. Flow within an artificially constr1:1cted channel where no nat1:1rally
defined channel had previo1:1sly existed; and/or
b. Are a s1:1rficially isolated water body less than one half (0.5) acre (e.g.,
pond) not meeting the criteria for a wetland as defined in RMC 4 3 OSOM.
SECTION XXVI. The definition of "Wetland" in section 4-11-230, Definitions W, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
hereby repealed.
SECTION XXVII. The definitions of "Wetland Edge", "Wetland, Regulated", and
"Wetlands" in section 4-11-230, Definitions W, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, are hereby amended as follows:
WETLAND EDGE: The boundary of a wetland as delineated using the
\Alashington State \Netlands Identification and Corps of Engineers Wetlands
Delineation Manual p1:1rs1:1ant to RMC 4 3 OSOM4a.
WETLAND, REGULATED: See RMC 4-3-050-M±e.
WETLANDS: (This definition for RMC 4 3 090, Shoreline Master Program
Reg1:1lations, 1:1se only.) Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under
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normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, including, but not limited
to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, 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. Wetlands include artificial
wetlands created from nonwetland areas to mitigate the conversion of wetlands.
SECTION XXVIII. This ordinance shall be effective upon its passage, approval, and
thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this 1st day of June, 2015.
APPROVED BY THE MAYOR this 1st day of June, 2015.
;i Approyd as to form: ex,_.~, ....... ~~~
Lawrence J. Warren, City Attorney
Date of Publication: 6/5/2015
1863:5/8/15:scr
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