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HomeMy WebLinkAboutORD 4346Amended By ORO #4478 ,4538,4703 4835,4963,5000 5153 CITY OF RENTON,WASHINGTON ORDINANCE NO.4346 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING TITLE IV (BUILDING REGULATIONS),OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"BY ADDING CHAPTER 32 RELATING TO WETLANDS MANAGEMENT.(Interim Ordinance) THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION 1.Title IV (Building Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended by adding Chapter 32 which reads as follows: CHAPTER 32 WETLANDS MANAGEMENT SECTION: 4-32-1 : 4-32-2: 4-32-3: 4-32-4: 4-32-5: 4-32-6: 4-32-7: 4-32-8: 4-32-9: 4-32-10: 4-32-11 : 4-32-12: 4-32-13: 4-32-14 : 4-32-15: 4-32-16: 4-32-17 : 4-32-1: Findings of Fact and Purpose General Provisions Lands to Which this Chapter Applies Allowed and Regulated Activities Review Procedures for Projects with Wetlands Standards for Permit Approvals Densities and Separate Tracts Non-Conforming Activities Temporary Emergency Permit Procedure JUdicial Review Amendments Severability Assessment Relief Violations Declared Nuisance Definitions Effective Date Relationship to SEPA. Findings of Fact and Purpose: A.Findings of Fact. The city council of the City of Renton,Washington hereby finds that: 1.Wetlands are valuable and fragile natural resources with significant development constraints due ORDINANCE NO.4346 to flooding,erosion,soil liquefaction potential,and septic disposal limitations.In their natural state, wetlands provide many valuable social and ecological services,including:protecting water resources by filtering out water pollutants,providing biological and chemical oxygen demand,recycling and storing nutrients,serving as settling basins for naturally occurring sedimentation and providing areas for groundwater recharge.Wetlands provide essential habitat for many species of fish,wildlife,and vegetation.Wetlands provide open space visual relief from intense development in urbanized areas,and recreation opportunities;and serve as important areas for scientific study and natural resource education. 2.Development in wetlands results in increased soil erosion and sedimentation of downstream water bodies,including navigable channels;degraded water quality due to increased turbidity and loss of pollutant removal processes such as sediment trapping,nutrient removal and chemical detoxification;the elimination or degradation of fisheries and wildlife habitat from water quality degradation,increased peak flow rates,decreased summer low flows,changes in the hydrologic regimen;loss of stormwater retention and slow release capacity resulting in flooding,degraded water quality,changes in the streamflow regimen of watersheds;and loss of groundwater recharge and discharge areas. 3.BUffer areas surrounding wetlands are essential to maintenance and protection of wetland functions and values.Buffer areas protect wetlands from degradation by:stabilizing slopes and preventing erosion;filtering suspended solids,nutrients and harmful toxic substances; moderating the impacts of stormwater runoff;moderating microclimate;supporting and protecting wetland plant and animal species and biotic communities;and reducing disturbances to wetland resources caused by the activities of humans and domestic animals. 4.The loss of the social and ecological services provided by wetlands results in a detriment to pUblic safety and welfare;replacement of such services,if possible,can require considerable pUblic expenditure. 5.considerable acreage of these important natural resources has been lost or degraded by draining,dredging,filling, excavating,building,polluting,and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled,or impaired by such acts. It is therefore necessary,to ensure maximum protection for the health,safety and welfare of Renton's citizens,for the City 2 ORDINANCE NO.4346 of Renton to discourage alterations of wetlands and development activities in wetlands that may adversely affect wetland functions and values,to encourage restoration of already disturbed wetland systems,and to encourage creation of new wetland areas. B.Policy and purpose. It is the policy of the City of Renton to balance community desires for economic development and affordable housing with the responsibility to retain the city I s remaining wetlands by encouraging higher intensity development in areas already supported by infrastructure and encouraging lower intensity development in areas containing wetlands.It is the city's policy to encourage restoration of disturbed and low value wetlands and to provide maximum protection for those high value wetlands remaining in the city.As such,it is the policy of the City of Renton to require bUffers of natural vegetation around wetlands and to encourage site planning to protect and minimize damage to wetlands wherever possible.The City supports the concept of no net loss of wetland acreage,values and functions by protecting high value wetlands,and requiring restoration of disturbed wetlands or creation of new wetlands to offset losses that are unavoidable.In particular,the city encourages land development projects which seek to improve the hydrologic and wildlife habitat functions of low value wetlands. In addition,it is the intent of the City of Renton that activities in or affecting wetlands not threaten pUblic safety, cause nuisances,or destroy or degrade natural wetland functions and values.The purposes of this chapter are to protect the pUblic health,safety and welfare by preventing and managing the adverse environmental impacts of development within and adjacent to wetlands.The purposes of this chapter are to: 1.Preserve,protect development within and them restore wetlands and around them; by regulating 2.Protect the public from: a.Preventable facilities impaired; maintenance and replacement of pUblic needed when wetland functioning is b.Costs associated with repair of downstream properties resulting from erosion and flooding due to the loss of water storage capacity provided by wetlands; c.Unnecessary costs relief operations; 3 for and pUblic emergency rescue and ORDINANCE NO.4346 d.Potential practices litigation occurring in on improper wetland areasi construction 3.Alert appraisers,assessors,owners,and potential buyers or lessees to the development limitations of wetlands; 4.Provide City of Renton officials with information to evaluate,approve,condition,or deny pUblic or private development proposals; 5.Prevent the loss of wetlands acreage and functions and strive for a net gain over present conditions;and 6.Assist or further the implementation of the policies of the Growth Management Act,the state Environmental Policy Act,Chapter 43.21C RCW,City of Renton Comprehensive Plan,site Plan Review Ordinance (4-31-33),storm and Surface Water Drainage Ordinance (4-22),Mining, Excavation and Grading Ordinance (4-10),Shoreline Master Program (4-19),and all other present and future city of Renton functional,environmental and community plans and programs. 4-32-2:General Provisions: A.Abrogation and Greater Restrictions. It is not intended that this chapter repeal,abrogate,or impair any existing regulations,easements,covenants,or deed restrictions.However,where this chapter imposes greater restrictions,the provisions of this chapter shall prevail unless specifically provided otherwise in this chapter. Regulated activities approved prior to the passage of this chapter but which are not in conformity with the provisions of this chapter are subject to the provisions in Section 8,"Non- Conforming Activities.11 B.Administration and Interpretation. The responsibility for the administration,enforcement and interpretation of this chapter shall be with the Planning/Building/Public Works Department.The Department Administrator as referenced in this chapter is the Department Administrator or his/her designee(s). The provisions of this chapter shall be held to be minimum requirements.Application and interpretation of the provisions shall be liberally construed to serve the purposes of this chapter. c.Scope. It is the city of Renton I s intent to approve proj ects and/or permit conduct of a regulated activity (see Section 4-32-4).in 4 ORDINANCE NO.4346 a wetland area only when they conform to this chapter or the Ci ty's interpretation of this chapter.Prior to any development or alteration to a property containing a wetland as defined in section 4-32-3 of this chapter,the owner or designee must obtain a wetland development permit. 4-32-3:Lands to Which this Chapter Applies: A.Applicability. 1.This chapter applies to any use or development proposed on pUblic or private property or rights-of-way within a regulated wetland or within a required bUffer zone for a regulated wetland pursuant to Sections 4-32-3.C and 4-32- 3.E of this Chapter. 2.The applicant shall be required to conduct a study to determine the classification of the wetland if the subject property or project area is within 25 feet of a wetland 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.A wetland delineation is required for any portion of a wetland on the subject property that will be impacted by the permitted activities.The study shall be waived by the Department Administrator when the application is for a single family residence on an existing lot,or when the applicant provides satisfactory evidence that a road, building or other barrier exists between the wetland and the proposed activity,or when the buffer area needed or required will not intrude on the applicant's lot,or when the property owner agrees to maintain the buffer in its existing or an improved state as determined by the City. 3.All proposed activities in regulated wetlands and wetland buffers shall comply with the requirements of this chapter.Expansion or alteration of existing activities shall also comply with the requirements of this chapter. 4.The city is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter.The city of Renton shall not grant any approval or permit any regulated activity in a wetland or wetland bUffer prior to fUlfilling the requirements of this chapter.Such approvals/permit include,but are not limited to the following:site plan approval, conditional use,planned unit development,building permit,filling and grading permit,land clearing and tree cutting permit,right-of-way use permit,shoreline substantial development permit,shoreline variance; shoreline conditional use permit,shoreline environmental redesignation (if wetlands are involved), unclassified use permit,variance,zone reclassification,subdivision,special use permit, 5 utility adopted exempted ORDINANCE NO.4346 and other use permit,or any subsequently permit or required approval not expressly by this chapter. B.Maps and Inventory. The approximate location and extent of wetlands in the city of Renton is displayed on the Renton Wetland Inventory Map.The Map is to be used as a guide to the general location and extent of wetlands.For the purpose of regulation,the wetland edge should be determined pursuant to section 4-32-3.C.Wetlands, which are defined in section 4-32-3.C but not shown on the Renton Wetlands Inventory,are presumed to exist in the city of Renton and are also protected under all the provisions of this chapter. C.Wetlands Definition and Determination of Regulatory Edge. 1.Wetlands are those lands transitional between terrestrial and aquatic systems that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support and,under normal circumstances,do support a prevalence of vegetation typically adapted for life in saturated soil conditions.For the purpose of regulation,the exact location of the wetland edge shall be determined by the wetlands specialist hired at the expense of the applicant through the performance of a field investigation using the procedures provided in the following manual: Federal Interagency Committee for Wetland Delineation.1989.Federal Manual for Identifying and Delineating Jurisdictional Wetlands.U.S Army Corps of Engineers,U.S. Environmental Protection Agency,U.S.Fish and Wildlife Service,U.S.D.A.Soil Conservation Service.Washington D.C.Cooperative Technical Publication.76 pages plus appendices. Wetlands created or restored as part of a mitigation project are regulated wetlands.Wetlands intentionally created for purposes other than wetland mitigation, including but not limited to,stormwater management, wastewater treatment or landscape amenities are not considered regulated wetlands. 2.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. A final wetlands delineation is valid for two years. 6 ORDINANCE NO.4346 Extensions for additional years can be approved by the Department Administrator if an application is proceeding in a timely manner through the permit process. D.Wetlands Classification System. The following classification system is hereby adopted for the purposes of regulating wetlands in the city of Renton. Wetlands buffer widths,replacement ratios and avoidance criteria shall be based on the following rating system. 1.Very High Quality wetlands - Category 1 wetlands are wetlands greater than 2,200 sq. ft.which meet one or more of the following criteria: a.The presence of species listed by federal or state government as endangered or threatened,or the presence 'of essential habitat for those species; b.Wetlands having 40%to 60%permanent open water (in dispersed patches or otherwise)with two or more vegetation classes; c.Wetlands equal to or greater than ten acres in size and having three or more vegetation classes,one of which is open water; d.The presence occurrence;or occurrence,or of plant at the associations of infrequent geographic limits of their e.Wetlands assigned the Unique/Outstanding #1 rating in the current King County Wetlands Inventory 1991 or as thereafter amended. 2.High Quality Wetlands - Category 2 wetlands are wetlands greater than 2,200 sq. ft.which meet one or more of the following criteria: a.Wetlands greater than 2,200 sq.ft.that are not Category 1 or 3 wetlands; b.Wetlands that have heron rookeries or raptor nesting trees,but are not category 1 wetlands; c.Wetlands of any size located at the headwaters of a watercourse,but are not Category 1 wetlands; d.Wetlands assigned the Significant #2 rating in the current King County Wetlands Inventory 1991 or as thereafter amended; 7 ORDINANCE NO.4346 e.Wetlands having minimum existing evidence of human related physical alteration such as diking,ditching, channelization. 3.Lower Quality Wetlands - Category 3 wetlands are wetlands greater than 5,000 sq. ft.which meet one or more of the following criteria: a.Wetlands disturbed following that are wetlands criteria: severely disturbed. are wetlands which Severely meet the (1)Are characterized by hydrologic isolation, human-related hydrologic alterations such as diking,ditching,channelization,and/or outlet modification;and (2)Have soils alterations such as the presence of fill,soil removal,and/or compaction of soils; and (3)May have altered vegetation. b.Wetlands that are newly emerging. wetlands are: Newly emerging (1)Wetlands occurring on top of fill materials;and (2)Characterized by emergent vegetation,low plant species richness and used minimallY by wildlife. These wetlands are generally found in the areas such as the Green River Valley and Black River Drainage Basin. c.All other wetlands not classified as Category 1 or 2 such as smaller,high quality wetlands. E.Wetland Buffer Definition and Determination of Regulatory Edge. Buffers are designated areas adjacent to a regulated wetland which protect the wetland from surrounding activities and protect adjacent properties from changes in the location of the wetland edge.Wetland buffers minimize the short and long term impacts of development on properties adjacent to wetlands, preserve important wildlife habitat,allow for infiltration and water quality improvement,protect buildings,roads and other infrastructure as well as property owners from flood damage in years of high precipitation.Wetland buffer zones shall be required of all proposed regulated activities adjacent to regulated wetlands.Any wetland created or restored as compensation for approved wetland alterations shall include the standard buffer required for the class of the wetland being 8 I I ORDINANCE NO.4346 replaced.All buffers shall be measured from the wetland boundary as surveyed in the field pursuant to the requirements of section 4-32-3.C. F.standard Buffer Zone Widths. The width of the required wetland buffer zone shall be determined according to the wetland category and,if applicable,the City of Renton Shoreline Master Program (SMP) designation.The buffer zone required for all regulated wetlands is determined by the classification of the wetland. If the wetland is regulated under the SMP then the buffer width required is determined by the SMP land use designation. 2)Category 2 50 feet (High Quality) 1)Category 1 100 feet (Very High Quality) 3)Category 3 25 feet (Lower Quality) -disturbed -newly emerging -other Wetland Category Not Regulated By the Shoreline Master Program Standard Buffer Shorel ine Master Program (SMP) Regulated SMP Designation SMP Buffer Urban 100 feet Conservancy 200 feet Natural 300 feet Urban 50 feet Conservancy 100 feet Natural 200 feet Urban 25 feet Conservancy 50 feet Natural 50 feet G.Increased Wetland Buffer Zone Width. The City1s Department Administrator may require increased standard buffer zone withs in unique cases -i.e.endangered species,very fragile areas,when a larger buffer is necessary to protect wetlands functions and values.This determination shall be supported by appropriate documentation provided by the city showing that increased buffers are reasonably related to protection of the functions and values of the regulated wetland.such determination shall be attached as a condition of project approval and shall demonstrate that: 9 ORDINANCE NO.4346 1.A larger buffer is necessary to maintain viable populations of existing species;or 2.The wetland is used by species listed by the federal or the state government as threatened,endangered and sensitive species and state listed priority species, essential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees or evidence thereof;or 3.The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts;or 4.The adjacent land has minimal vegetative cover or slopes greater than 15 percent. H.Reduction of standard Wetland Buffer Zone Width. The Department Administrator may approve a reduction in the standard wetland buffer zone widths on a case-by-case basis where it can be demonstrated by the applicant that: 1.The adjacent land is extensively vegetated and has less than 15 percent slopes and that 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.The city's determination shall be based on specific site studies by recognized experts.The city may require long-term monitoring of the project and sUbsequent corrective actions if adverse impacts to regulated wetlands are discovered;or 2.The project includes a buffer enhancement plan using native vegetation and substantiates that the enhanced buffer will be equal to or improve the functional attributes of the buffer.An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width,and the reduced buffer shall not be less than 25 feet wide. Such determination and evidence shall be included in the application file and public notification shall be given as specified in city of Renton city code. I.Standard Wetland Buffer Width Averaging. standard wetland buffer buffer widths.Wetland allowed only where the following: zones may be modified by averaging buffer width averaging shall be applicant demonstrates all of the 10 ORDINANCE NO.4346 1.That averaging is necessary to avoid denial of reasonable use to the applicant caused by circumstances peculiar to the property;and 2.That the wetland contains variations in sensitivity due to existing physical characteristics;and 3.That only low intensity land uses would be located adjacent to areas where buffer width is reduced,and that such low intensity land uses are guaranteed by covenant, deed restriction,easement,or other legally binding mechanism;and 4.That width averaging will not adversely impact the wetland function and values;and 5. 4-32-4: That the total area contained wi thin the wetland buffer after averaging is no less than that contained within the required standard buffer prior to averaging.In no instance shall the buffer width be reduced by more than 50%of the standard buffer or be less than 25 feet wide. Allowed and Regulated Activities: A.Allowed Activities within Wetlands and Buffers. The following activities shall be allowed within a wetland or wetland buffer to the extent that they are not prohibited by any other chapter or law and provided they are conducted using best management practices as specified by industry standards or applicable federal agencies or scientific principles,wetland impacts are minimized and that disturbed areas are immediately restored;and provided further that forest practices and conversions shall be governed by Chapter 76.09 RCW and its rules;and further provided they are given prior written confirmation of their allowed activity status by the Department 'Administrator: 1.conservation or preservation of soil,water,vegetation, fish,and other wildlife. 2.Passive recreation,including walkways and trails,and open space. 3.Non-destructive education and research. 4.Normal and routine maintenance and repair of any existing pUblic or private uses and facilities where no alteration of the wetland 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 II ORDINANCE NO.4346 rights-of-way.In every case,wetland impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 5.Normal and routine maintenance,operation and repair of existing parks and trails,streets,roads,rights of way and associated appurtenances,facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities to meet established safety standards.The use of heavy construction equipment shall be limited to utilities and pUblic agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of-way.In every case,wetland impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 6.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 wetland. 7.Existing and ongoing agricultural activities including farming,horticulture,aquaculture,irrigation. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring a wetland area into agricultural use are not part of an ongoing operation.An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has laid idle so long that modifications to the hydrological regime are necessary to resume operations. Note: or its Grazing buffer. of animals is not allowed within a wetland 8.site investigative work necessary for land use application submi ttals such as surveys,soil logs,percolation tests and other related activities.Investigative work should not disturb any more than 5%of the wetland.In every case,wetland impacts shall be minimized and disturbed areas shall be immediately restored. 9.New surface water discharges to wetland Categories 1,2, and 3,or buffers of Categories 1,2,and 3,from detention facilities,pre-settlement ponds or other surface water management structures provided that the discharge meets the requirements of the storm and Surface Water Drainage Ordinance (Chapter 22),provided the discharge will not result in significant changes in the water temperature or chemical characteristics of the wetland water sources and provided there is no increase in the existing rate of flow unless it can be demonstrated 12 ORDINANCE NO.4346 would result in Where differences Chapter 22,these that the change in hydrologic regime greater wetland functions and values. exist between these regulations and regulations will take precedence. 10.Any wetland and/or buffer restoration or other mitigation activities which have been approved by the City. 11.With respect to category 3 wetlands,development having no feasible alternative location,provided all associated impacts are mitigated pursuant to Section 4-32-6 of this Chapter. 12.Regional stormwater management facilities to be operated and maintained under the direction of the city of Renton Storm Water utility that are proposed and designed consistent with the Washington State Department of Ecology Wetlands and stormwater Management Guidelines. B.Additional Allowed and Regulated Activities in a Wetland Buffer. Except as otherwise specified,all required wetland buffer zones shall be retained in their natural condition.Where buffer disturbance has occurred during construction or other activities,revegetation with native vegetation may be required.Only the allowed activities specified in Section 4- 32-4.A will be permitted in a buffer.The following activities may be permitted with administrative review and approval by the Department Administrator: 1.Any activities having minimal adverse impacts as determined by the Responsible Official on bUffers and no adverse impacts on regulated wetlands provided all associated bUffer impacts are mitigated; 2.Stormwater management facilities including stormwater dispersion outfall systems designed to minimize impacts to the buffer and wetland where the site topography requires their location within the buffer to allow hydraulic function,provided the standard bUffer zone area associated with the wetland classification is retained pursuant to section 4-32-3.F,and is sited to reduce impacts between the wetland and surrounding activities. c.Exempt Activities. The following activities,once provided with a certificate of Exemption,are exempt from the provisions of this chapter: 13 ORDINANCE NO.4346 1.Any activity affecting a single,hydrologically isolated Category 1 or 2 wetland no greater than 2,200 sq.ft. within a property boundary. 2.Any activity affecting hydrologically isolated Category 3 wetland no greater than 5,000 sq.ft.within a property boundary. 3.Remodeling,restoring,replacing or removing structures, facilities and other improvements in existence on the date this chapter becomes effective and that do not meet the setback or buffer requirements of this chapter provided the work complies with the criteria in Section 4-32-8 of this chapter. 4.Relocation out of wetland areas of natural gas,cable, communication,telephone and electric facilities,lines, pipes,mains,equipment or appurtenances,(not including sUbstations),with an associated voltage of 55,000 volts or less,only when required by a local governmental agency,and with the approval of the City of Renton. 5.Wi thin existing and improved public road rights-of-way, installation,construction,replacement,operation or alteration of all natural gas,cable,communication, telephone and electric facilities,lines,pipes,mains, equipment or appurtenances,traffic control devices, illumination,walkways and bikeways.If activities exceed the existing improved area or the pUblic right-of-way, this exemption does not apply. 6.Overbuilding (enlargement beyond existing project needs) or replacement of existing utility systems and replacement and/or rehabilitation of existing streets provided the work does not increase the footprint of the structure,line or street by more than 10%within the wetland and/or buffer areas. 7.New construction of a single-family residence and/or garage or construction activity connected with an existing single family residence and/or garage provided that the work does not increase the footpr int of the structure lying within the wetland or wetland buffer by more than 1000 sq.ft.and provided that no portion of the new work occurs closer to the wetland than the existing structure. Existing,new or rebuilt accessory structures associated with single family lots such as fences,gazebos,storage sheds,play houses are exempt from this ordinance. 8.Existing activities which have not changed,expanded,or altered provided they comply with the applicable requirements of Section 4-32-8. 14 ORDINANCE NO.4346 Any activity,other than those specified in section 4-32- 4.A or section 4-32-4.8 or defined as "e xempt activities" in section 4-32-4.C,may be allowed and regulated as determined by the Department Administrator and may not be conducted in a wetland or wetland bUffer except with the prior written approval of the Department Administrator. All allowed activities are subject to the standards of Section 4-32-6. Except in the case of pUblic emergencies all general exemptions require that a Certificate of Exemption be obtained from the Department Administrator.Requirements for a general exemption include an environmental review pursuant to Washington Administrative code 197-11-300,and administrative review and approval by the City's Department Administrator prior to construction. D.Emergency Activities (See Section 4-32-9). Emergency activities are those which are undertaken to correct emergencies that threaten the public health,safety and welfare pursuant to the criteria in section 4-32-7.An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this chapter,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. 4-32-5:Review Procedures for Projects with Wetlands: A.Procedures. 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 wetland areas and buffers on the site shall be indicated on the plans submitted based upon an inventory provided by a qualified wetland specialist. When a regulated wetland or associated buffer is identified, the following procedures apply.The Department Administrator may waive any of the following if the size and complexity of the project does not warrant a step in the proceeding. 1.Request for Determination of Applicability:Any person seeki~g to determine whether a proposed activity or land area 1S subject to this chapter may request in writing a determination from the Ci ty.Such a request for determination shall contain the information requirements specified by the Department Administrator of the Planning/Building/Public Works Department.Unless the city waives one or more of the following information requirements at the pre-application conference, applications for projects with wetlands pursuant to section 4-32-3.C under this chapter shall include: 15 ORDINANCE NO.4346 a.A description of the project and maps at a scale no smaller than 1"=200 I showing the entire parcel of land owned by the applicant and the wetland boundary surveyed by a qualified wetlands ecologist,and pursuant to Section 4-32-3.Ci b.A description of the vegetative cover of the and adjacent area including identification dominant plant and animal species; wetland of the c.A site plan for the proposed activity at a scale no smaller than 1 11 =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 activities associated with site development the type,extent and method of operations; for all including e.Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than 5 feet or at a contour interval appropriate to the site topography and acceptable to the City; 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 variance is being requested,an explanation of why the proposed activity cannot be located at another site; h.If wetland mitigation is proposed,a mitigation plan which includes baseline information,environmental goals and objectives,performance standards, construction plans,a monitoring program and a contingency plan. i.If wetland changes are proposed,the applicant shall evaluate alternative methods of developing the property using the following criteria in this order: (l)Avoid any disturbances to the wetland or buffer; (2)Minimize any wetland or buffer impacts; (3)Compensate for any wetland or buffer impacts; (4)Restore any wetlands or buffer impacted or lost temporarily;and 16 ORDINANCE NO.4346 (5)Create new wetlands and buffers for those lost. This evaluation shall be submitt~d to the Department Administrator.Any proposed alteration of wetlands shall be evaluated by the Department Administrator using the above hierarchy. j.Such other information as may be needed by the city, including,but not limited to,an assessment of wetland functional characteristics,including a discussion of the methodology used;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 chapter. 2.Pre-application Consultation:Any person intending to develop properties known or suspected to have wetlands present is strongly encouraged to meet with the appropriate City department representative during the earliest possible stages of project planning in ordinance requirements before major commitments have been made to a particular land uSe and/or project design.Effort put into a pre-application consultation and planning will help applicants create projects which will be more quickly and easily processed. B.Fees. See Code of General Ordinances of City of Renton,section 5-1- 1.(Application will be reviewed and approved pursuant to the provision in this Chapter.) c.Modifications,Waivers,Alternates,Tests. 1.Modifications:Whenever there are practical difficulties involved in carrying out the provisions of this ordinance,the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical,and that the minor modification is in conformity with the intent and purpose of this Code,and that such modification: a.Will still meet the objectives of environmental protection,safety,function,and maintainability intended by the Code requirements,based upon sound scientific judgement; b.Will not be injurious to other property(s)in the vicinity; 17 ORDINANCE NO.4346 c.Result in no net loss of wetland or buffer area and function and value from that approved in the original project plan; d.Will be made prior to detailed engineering and design,such as during site plan review,short plat, preliminary plat approval,or the pre-application phase of a Planned unit Development;and e. D.Waivers. Will be official documented and entered wetland permit file. as part of the Requirements of this ordinance may be waived upon determination by the Department Administrator 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 ordinance.(see section 4-32-6.C) E.Alternates. The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code,provided any alternate has been approved and its use authorized by the Department Administrator'. The Department Administrator may approve any such alternate, provided slhe finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material,method or work offered is,for the purpose intended,at least the equivalent of that prescribed in this Code in environmental protection,safety,and effectiveness. The Department Administrator shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.The details of any action granting approval of an alternate shall be written and entered in the files of the Code enforcement agency. F.Tests. Whenever there is insufficient evidence of compliance with any of the provisions of this Code or evidence that any action does not conform to the requirements of this Code,the Department Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this Code or by other recognized test standards.If there are no recognized and accepted test methods for the proposed alternate,the Department Administrator shall determine test procedures. \8 ORDINANCE NO.4346 G.Appeals to the Interim Ordinance. Any decision of the city in the administration of this chapter, such as administrative determinations,modifications,may be appealed to the Hearing Examiner.Appeals may be filed pursuant to the process described in the Code of General Ordinances of city of Renton,Section 4-8-11.The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. Decisions of the Hearing Examiner on appeals of administrative determinations under this interim ordinance may be appealed to the city Council,within twenty (20)days of the Examiner's Decision.There shall be no further fee for this appeal. Subsequent appeals shall be to Superior Court. H.Wetland Variance Procedures. If an applicant feels that the strict application of this chapter would deny all reasonable use of the property containing a wetland or associated buffer,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 pUblic agency,the applicant of a development proposal may apply for a Wetland Variance.An application for a Wetland Variance shall be filed with the Department Administrator.Requirements for a Wetland Variance include an environmental review pursuant to Washington Administrative Code 197-11-300 (SEPA).A Wetland Variance shall be decided by the Hearing Examiner based on the following standards set forth in this section: 1.The Hearing Examiner,in granting approval of a variance, must determine: a.That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to the subject property, including the size,shape,topography,location or surroundings of the sUbject property,and the strict application of the zoning code is found to deprive sUbject property owner of rights and privileges enjoyed by other property owners in the vicinity and other identical zone classification;and b.That the granting of the variance will not be materially detrimental to the pUblic welfare or injurious to property or improvements in the vicinity and zone in which the property is situated;and (1)That no economically viable alternative with less impact on the wetland and its buffer is physically and/or legally possible;and 19 ORDINANCE NO.4346 (2)That there is no feasible on-site alternative to the proposed activities,including reduction in density,phasing of project implementation, change in timing of activities,revision of road and lot layout,and/or related site planning considerations,that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers;and (3)That the proposed activities will result in minimum alteration or will be designed to improve the wetland I s functional characteristics and its existing hydrology, topography,vegetation,and fish and wildlife resources;and (4)That the proposed activities will not jeopardize the continued existence of endangered, threatened,or sensitive species as listed by the federal government or the state of Washington;and (5)That the proposed activities significant degradation of surface-water quality;and will not cause groundwater or (6)That the applicant has taken deliberate measures to minimize wetland impacts,including but not limited to the following: o limiting the degree or magnitude of the regulated activity;and o limiting the implementation of the regulated activity;and o using appropriate and best available technology;and o taking affirmative steps to avoid or reduce impacts;and o using sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers;and o o involving management and providing siltation 20 pUblic natural agencies early in site protective measures curtains,hay bales resource planning; such as and other ORDINANCE NO.4346 siltation prevention measures,scheduling the regulated activity and site maintenance to avoid interference with wildlife rearing,resting and nesting,or fisheries spawning activities;and o creating a separate sensitive area tract or tracts for areas determined to be wetland buffer in field investigations and determined to be impacted by the permitted activity. (7)That there will be no or private property health or safety of property;and damage to nearby pUblic and no threat to the people on or off the (8)That the inability to derive reasonable economic use of the property is not the resul t of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this chapter. c.That if new government and quasi-government facilities are granted a variance under this section, they will meet the following additional conditions: (1)Competing pUblic policies have been evaluated and it has been determined by the Department Administrator that the pUblic's health,safety, and welfare is best served; (2)Each facility must conform Land Use Plan and with programs and policies; to the Comprehensive any adopted pUblic (3)Each facility must serve established,identified pUblic needs;and (4)No practical alternative exists to meet the needs. d.That the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. e.That in determining whether or not to grant a variance,the following factors have been considered and balanced against the pUblic need for the regulation: 2\ ORDINANCE NO.4346 (1)I f there is an effective measure to of this ordinance; available, protect the feasible,and wetland outside (2)The extent of the problem being resolved by the ordinance; (3)The contribution of the land being regulated to the problem; (4)The degree to which the solves the problem presented wetlands ordinance by the proposal; (5)The amount application and percentage of of the ordinance; value lost by (6)The quality of the wetland to be impacted; (7)The extent of remaining uses for the parcel; (8)The past,present,and future uses of the property;and (9)The extent to which the landowner could predict the effects of this ordinance on the property. 2.The Hearing Examiner may prescribe any conditions upon the variance deemed to be reasonably necessary and required to mitigate wetland or bUffer impacts.Any variance granted by the Hearing Examiner,unless otherwise specified in writing,shall become null and void in the event that the applicant or owner of the,subj ect property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2)years after such a variance has been issued.For proper cause shown, an applicant may petition the Hearing Examiner during the variance procedure,for an extension of the two (2)year period,specifying the reasons therefor.The time may be extended but not exceed one additional year in any event. Any variance granted by the Hearing Examiner shall expire pursuant to the provisions of Chapter 8,Title IV of the Renton Municipal Code. I.Enforcement. The Planning/Building/Public Works Administrator,(the Department Administrator)or his/her duly authorized representative,shall have the power and authority to enforce the provisions of this ordinance.For such purposes he/she shall have the power of a law enforcement officer. The Department Administrator shall have the power to render interpretations of this ordinance and to adopt and enforce 22 ORDINANCE NO.4346 rules and regulations supplemental to this ordinance as he/she may deem necessary in order to clarify the application of the provision of this code.Such interpretations,rules and regulations shall be in conformity with the intent and purpose of this ordinance. J.Violation and Penalties. 1.It shall be unlawful for any person,firm or corporation to violate any of the provisions of this Code.Any person,firm,corporation violating any of the provisions of this Code shall upon conviction be guilty of a misdemeanor I and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed,continued or permitted;and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00),or by imprisonment for not more than ninety (90)days,or by both such fine and imprisonment. 2.civil penalties as prescribed by ordinance or any other method allowed by law,may be used by the city for any violations of this ordinance. 4-32-6:standards for Permit Approvals: A.General Standards. Permit approval by the Department Administrator for projects involving wetlands or wetland buffers shall be granted only if the approval is consistent with the provisions of this chapter. Additionally,approvals shall only be granted if: 1.A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts;and 2.The proposed activity results in no net loss of regulated wetland area,value,or function in the drainage basin where the wetland is located;or 3.Denial of a permit would deny all reasonable use of the property and a variance process is successfully completed to determine conditions for permitting of activity requested.(See Section 4-32-15.H) B.Compensating for Wetlands Impacts. As a condition of any permit allowing alteration of wetlands and/or wetland buffers,or as an enforcement action pursuant to section 4-32-7.8 the city shall require that the applicant 23 ORDINANCE NO.4346 engage in the restoration or creation of wetlands and their buffers (or funding of these activities)in order to offset the impacts resulting from the applicant's or violator's actions. 1.Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses.Enhancement of wetlands is not considered adequate mitigation because it does not contribute to lIno-net-lossll of wetland acreage. 2.The Applicant shall develop a plan that provides for land acquisition,construction,maintenance and monitoring of replacement wetlands that recreate as nearly as possible the wetland being replaced in terms of acreage,function,geographic location and setting, and that are equal to or larger than the original wetlands.The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a net resource gain in wetlands over present conditions.Compensatory mitigation shall follow an approved mitigation plan pursuant to Section 4-32-6.0 and shall meet the following minimum performance standards.The applicant shall: a.Demonstrate sufficient scientific expertise,the supervisory capability,and the financial resources to carry out the project;and b.Demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals;and c.Protect and manage,or provide for the protection and management,of the compensation area to avoid further development or degradation and to provide for long- term persistence of the compensation area;and d.Provide for project monitoring and allow annual city inspections. C.Wetlands Creation. 1.Where feasible,created wetlands category than the altered wetland. they be lower. shall be a higher In no cases shall 2.Requirements for wetland creation as compensation areas shall be determined according to the function,acreage, type and location of the wetland being replaced. Compensation requirements should also consider time factors,the ability of the project to be self sustaining and the projected success based on similar projects. Wetland functions and values shall be calculated using the 24 ORDINANCE NO.4346 best professional jUdgment of a qualified wetland ecologist using the best available techniques.Multiple or cooperative compensation projects may be proposed for one project in order to best achieve the goal of no net loss.Creation must be within the same drainage basin. 3.Acreage replacement ratio.The following ratios apply to all category 1,2,or 3 wetlands for creation which is 1n- kind,on or off-site,timed prior to alteration,and has a high probability of success.The required ratio must be based on the wetland category and type that require replacement.Ratios are determined by the probability of recreating successfully the wetland and the inability of guarantees of functionality,longevity,and duplication of type and/or functions. Wetland Category Vegetation Type Category I Forested Very High Quality)Scrub-shrub Emergent Wetlands Replacement Ratio 6 times the area altered. 3 times the area altered. 2 times the area altered. Category 2 (High Quality) Category 3 (Lower Quality) Forested Scrub-shrub Emergent Forested Scrub-shrub Emergent 3 times the area altered. 2 times the area altered. 1.5 times the area altered. 1.5 times the area altered. 1.5 times the area altered. 1.5 times the area altered. 4.The City may increase the ratios under the following circumstances:uncertainty as to the probable success of the proposed restoration or creation;significant period of time between destruction and replication of wetland functions;projected losses in functional value;or offsite compensation.These ratios may also be increased when wetland replacement is required for remedial actions resulting from illegal alterations. The requirement for an increased replacement ratio will be determined through SEPA review. 5.The City may decrease the ratios for Category 3 emergent wetlands to 1.0 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for twelve (12)months. 6.If the applicant can aggregate two or more category 3 wetlands,ranging in size from 5,000 sq.ft.to 10,000 sq.ft.,into one wetland,the replacement ratio shall be reduced to 1:1. 25 ORDINANCE NO.4346 7.The applicant,at their expense,may select to use the Wetlands Evaluation Technique (WET)(Adamus)or a nationally recognized equivalent method to establish the functions and values for the Category 3 wetland being replaced in lieu of replacement by acreage only. A third party review,funded by the applicant,and hired and managed by the City,shall review and verify the WET (or equivalent)reports.Dependent upon the results of the functions and values evaluation,a Category 3 wetland may be replaced by assuring that all the functions and values are replaced in another location,within the same basin. D.Wetlands Restoration. 1.Any Applicant proposing to alter wetlands may propose to restore existing disturbed wetlands with priority for on- site restoration and then,within the drainage basin,in order to compensate for wetland losses.Restoration activities must include restoring lost hydrologic,water quality and biologic functions. Applicants proposing to restore wetlands shall identify how the restoration plan conforms to the overall goals and requirements of the local wetlands protection program and established regional goals of no net loss of wetlands. 2.A wetlands restoration compensation project shall be approved pursuant to sections 4-32-6.A and 4-32-6.B.The following ratio applies to all Categories 1,2 or 3 wetlands for all vegetation types unless otherwise approved pursuant to 4-32-6.F and/or 4-32-6.G for restoration which is in-kind,on or off-site,timed prior to alteration,and has a high probability of success.The required ratio is based on the wetland category and type that require restoration: Wetland Category Vegetation Type Category I Forested Very High Quality)Scrub-shrub Emergent Wetlands Restoration Ratio 6 times the area altered. 3 times the area altered. 2 times the area altered. Category 2 High Quality) Category 3 (Lower Quality) Forested Scrub-shrub Emergent Forested Scrub-shrub Emergent 26 3 times the area altered. 2 times the area altered. 1.5 times the area altered. 1.5 times the area altered. 1.5 times the area altered. 1.5 times the area altered. ORDINANCE NO.4346 E.Compensation for Vegetation Type. In-kind compensation shall applicant can demonstrate to Administrator that: be provided except the satisfaction of the where the Department 1.The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; 2.Scientific problems such as exotic vegetation in watershed hydrology make implementation compensation impossible or unacceptable;or and of changes in-kind 3.out-of-kind replacement will goals (e.g.,replacement wetland types). best meet identified regional of historically diminished F.Compensating for Wetland Location. 1.On-site compensation shall be provided except where the applicant can demonstrate that: a.The hydrology and ecosystem of the original wetland and those adjacent land and/or wetlands which benefit from the hydrology and ecosystem will not be sUbstantially damaged by the on-site loss;and b.On-site compensation is not feasible due to problems with hydrology,soils,or other factors;or c.Compensation is not practical due to potentially adverse impact from surrounding land uses;or d.Existing functional values at the site of proposed restoration are significantly greater lost wetland functional values;or the than e.That established regional goals for flood storage, flood conveyance,habitat or other wetland functions have been addressed and strongly justify location of compensatory measures at another site. 2.Any off-site compensation approved by the city shall occur within the same drainage basin as the wetland loss occurred.In the City of Renton,the drainage basins are the Black River (includes the Green River Valley),Lower Cedar River,Lake Washington and May Creek. 3.In selecting compensation sites,the City encourages applicants to pursue siting compensation projects in disturbed sites which were formerly wetlands,and 27 ORDINANCE NO.4346 especially those areas which would result in a series of interconnected wetlands. 4.Timing:compensatory projects shall be substantially completed and approved by the city prior to the issuance of an occupancy permit.Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora.The Department Administrator may elect to require a surety device for completion of construction. G.Cooperative Special Area Wetlands Basin Planning, Management Plans (SAMP): Mitigation,Banks,or 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. 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. 1.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 due to problems with factors;or on-site may not be feasible hydrology,soils,or other b.Where the cooperative plan is shown to better meet established regional goals for flood storage,flood conveyance,habitat or other wetland functions. 2.Applicants proposing a cooperative compensation project shall: a.Submit a joint permit application; b.Demonstrate compliance with all standards; c.Demonstrate that long-term management will be provided;and d.Demonstrate agreement for the project from all affected property owners of record. 28 ORDINANCE NO.4346 3.Compensation payments received as part of a mitigation or creation bank must be received prior to the issuance of an occupancy permit. H.Mitigation Plans. All wetland restoration,compensation,and/or creation projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared by qualified wetland specialists approved by the City.The proponent shall receive written approval of the mitigation plan by the city's Department Administrator prior to commencement of any wetland restoration, or creation activity.Unless the city,in consultation with qualified wetland specialists,determines,based on the size and scope of the development proposal,the nature of the impacted wetland,and the degree of cumulative impacts on the wetland from other development proposals,that the scope and specific requirements of the mitigation plan may be reduced from what is listed below,the mitigation plan shall contain at least the following components: 1.Baseline Information:A written assessment and accompanying maps of the impacted wetland including,at a minimum,a wetland delineation by a qualified wetland specialist;existing wetland acreage;vegetative,faunal and hydrologic characteristics;soil and substrata conditions;topographic elevations and compensation site. If the mitigation site is different from the impacted wetland site,the assessment should include at a minimum: existing acreage;vegetative,faunal and hydrologic conditions;relationship within the watershed and to existing waterbodies;soil and substrata conditions, topographic elevations;existing and proposed adjacent site conditions;buffers;and ownership. 2.Environmental Goals and Objectives:A written qualified wetland specialist shall be provided goals and objectives of the mitigation describing: report by a identifying plan and a.The purposes of the compensation measures including a description of site selection criteria, identification of compensation goals;identification of target evaluation species and resource functions, dates for beginning and completion,and a complete description of the structure and functional relationships sought in the new wetland.The goals and objectives shall be related to the functions and values of the original wetland or if out-of-kind,the type of wetland to be emulated;and b.A review experience of the to date in 29 available restoring literature and/or or creating the type ORDINANCE NO.4346 of wetland proposed shall be provided.An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects,preferably those in the same drainage basins,if any.An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns,dynamics of the wetland ecosystem;sediment or pollutant influx and/or erosion,periodic flooding and drought,etc., presence of invasive flora or fauna,potential human or animal disturbance,and previous comparable projects,if any. 3.Performance Standards:Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project are achieved and for beginning remedial action or contingency measures.Such criteria may include water quality standards,survival rates of planted vegetation,species abundance and diversity targets,habitat diversity indices,or other ecological,geological or hydrological criteria.These criteria will be evaluated and reported pursuant to sUbsection 5,Monitoring Program,of this section.An assessment of the projects success in achieving the goals and objectives of the mitigation plan should be included along with an evaluation of the need for remedial action or contingency measures. 4.Detailed Techniaues and Plans:written specifications and descriptions of compensation techniques shall be provided inclUding the proposed construction sequence, grading and excavation details,erosion and sediment control features needed for wetland construction and long-term survival,a planting plan specifying plant species,quantities,locations,size,spacing,and density;source of plant materials,propagates,or seeds;water and nutrient requirements for planting; where appropriate,measures to protect plants from predation;specification of substrata stockpiling techniques and planting instructions;descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydroperiod characteristics;etc.These written specifications shall be accompanied by detailed site diagrams,scaled cross-sectional drawings,topographic maps showing slope percentage and final grade elevations,and any other drawings appropriate to show construction techniques or anticipated final outcome.The plan shall provide for elevations which are appropriate for the desired habitat type(s)and which provide sufficient hydrologic data.The city may request such other 30 ORDINANCE NO.4346 information as needed to determine the adequacy of a mitigation plan. 5.Monitoring 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. Monitoring may include,but is not limited to: a.Establishing plant species vegetation plots to track changes composition and density over time; in b.Using photo stations to evaluate vegetation community response; c.Sampling surface and subsurface waters to determine pollutant loading,and changes from the natural variability of background conditions (pH,nutrients, heavy metals); d.Measuring base flow model and evaluate predictions; rates and storm water runoff to hydrologic and water quality e.Measuring sedimentation rates;and f.Sampling fish and wildlife populations to determine habitat utilization,species abundance and diversity. 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 years. 6.contingency Plan:Identification of potential courses of action,and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. 7.Permit Conditions:Any compensation project prepared for mitigation pursuant to this section and approved by the city shall become part of the application for project approval. 8.Demonstration of competence:A demonstration of financial resources,administrative,supervisory,and technical competence and scientific expertise of sufficient standing 31 ORDINANCE NO.4346 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 and implementing and supervising the project shall be provided,including educational background and areas of expertise,training and experience with comparable projects. I.Surety Devices and Penalties. 1.Performance Surety Device:The city shall require the applicant of a wetlands permit proposal to post a performance surety device acceptable to the City such as a letter of credit,irrevocable set aside letter of cash in an amount equivalent to 1 1/2 times the estimated cost of the performance and with surety and conditions sufficient to fulfill the requirements of section 4-32-6.8 and,in addition,to secure compliance with other conditions and limitations set forth in the permit.The amount and the conditions of the surety device shall be consistent with the purposes of this chapter.The amount of the security can be modified to reflect more current data particularly a signed contract.In the event of a breach of any condition of any permit protected by a surety device,the city may institute an action in a court of competent jurisdiction upon such surety device and prosecute the same to judgment and execution.The City shall release the surety device upon determining that: a.All activities,including any required compensatory mitigation,have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter;and b.Upon the posting by the applicant of a maintenance surety device. Until such written release of the surety device,the principal or surety cannot be released. J.Maintenance Surety Device:The City shall require the holder of a development permit issued pursuant to this chapter to post cash or other security acceptable to the city such as letter of credit or irrevocable set aside letter in an amount and with surety and conditions sufficient to guarantee that structures, improvements,and mitigation required by the permit or by this chapter perform satisfactorily for a minimum of five (5)years after they have been completed.The City shall release the maintenance surety device upon determining that performance standards established for evaluating the effectiveness and success of the structures,improvements,and/or compensatory mitigation have been satisfactorily met for the required period.For mitigation projects,the performance standards shall be those contained in the mitigation plan developed 32 ORDINANCE NO.4346 pursuant to Section 4-32-6.B and approved during the permit review process.The maintenance surety device applicable to a compensation project shall not be released until the Department Administrator determines that performance standards established for evaluating the effect and success of the project have been met. K.Suspension or Revocation of Permits:In addition to other penalties provided for elsewhere,the City may suspend or revoke a permit if it finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit,has exceeded the scope of work set forth in the permit,or has failed to undertake the project in the manner set forth in the approved application. 4-32-7:Densities and Separate Tracts: A.Limited Density Credit Transfer. For development proposals on lands containing wetland buffers, the city shall allow density credits for buffer areas to provide incentives for the preservation of wetlands and wetland buffers,flexibility in design,and consistent treatment of different types of development proposals.Up to 100 percent of the density credit will be allowed for the buffer areas if: 1.The project meets the applicable waste disposal requirements; 2.The project is compatible with surrounding development; and 3.The project meets all requirements of the Site Plan Review ordinance (City of Renton Code of Ordinances 4-31-33). The density credit can only be transferred within the development proposal site.To the extent that application of the formula may result in substandard lot sizes,such lots may be allowed if meeting applicable codes.The City shall not allow credit for density for the portions of the site occupied by wetlands.Development of the transferred density shall be confined to buildable areas of the site, and shall not intrude on other sensitive areas such as landslide,erosion,coal mine areas or their buffers. B.Wetlands Management Tracts. 1.As a condition of any approval issued pursuant to this chapter,for any proposed plat,the property owner shall be required to create a separate wetland management tract or tracts containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to Section 4-32-3.Wetland management tracts are legally created tracts containing wetlands and their 33 ORDINANCE NO.4346 buffers that shall remain undeveloped.Wetland management tracts are an integral part of the lot in which they are created,are not intended for separate sale,lease or transfer,and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. 2.Protection of Wetland Management Tracts:The city shall require,as a condition of any permit issued pursuant to this chapter for any proposed plat,that the Wetland Management Tract (s)created pursuant to this Section be protected by one of the following methods: a.The permit holder shall convey an irrevocable offer to dedicate to the City of Renton,or other pUblic or non-profit entity specified by the City,an easement for the protection of the wetland and/or its bufferj or b.The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a wetland management tract or tracts created as a condition of this permit.Such deed restriction(s}shall prohibit the development,alteration,or disturbance of vegetation and wetland within the wetland management tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the city of Renton,and from any other agency with jurisdiction over such activity. 3.Marking during construction:The location of the outer extent of the wetland buffer and areas not to be disturbed pursuant to an approved permit shall be marked with barriers easily visible in the field to prevent unnecessary disturbance by individuals and equipment during the development or construction of the approved activity. 4.Responsibility for maintaining the Wetland Management Tracts shall be held by a homeowners association,adjacent lot owners,the permit applicant or designee,or other appropriate entity,as approved by the city. 5.The following note shall appear on the face of all plats, short plats,PUDS,or other approved site plans containing separate Wetland Management Tracts,and shall be recorded on the title of record for all affected lots: NOTE:All owners of lots created by or benefitting from this city action abutting a Wetland Management Tract are responsible for maintenance and protection of the tracts. Maintenance includes insuring that no alterations occur 34 ORDINANCE NO.4346 within the tract and that all vegetation remains undisturbed unless the express written authorization of the city of Renton has been received. 6.The common boundary between a Wetland Management Tract and the adjacent land must be permanently identified.This identification shall include permanent wood or metal signs on treated or metal posts.Suggested wording is as follows: "Protection of Alteration or call the city 235-2552)" this natural area is in your care. disturbance is prohibited by law.Please of Renton for more information.(Tel No. 4-32-8: Sign locations and size specifications shall be approved by the City.The City shall require permanent fencing of the wetland management tract or tracts when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal.The City shall also require as a permit condition that such fencing be provided if,subsequent to approval of the development proposal,domestic grazing animals are in fact introduced. Non-Conforming Activities: A.A legally non-conforming,regulated activity or structure that was in existence or approved or has obtained a draft Environmental Impact statement and actively pursues development prior to the passage of this chapter and to which significant economic resources have been committed pursuant to such approval but which is not in conformity with the provisions of this chapter may be continued provided that: 1.No such legal non-conforming acti vi ty or structure shall be expanded,changed,enlarged or altered in any way that infringes further on the wetlands that increases the extent of its nonconformity with this chapter without a permit issued pursuant to the provisions of this chapter; 2.Except for cases of on-going agriCUltural uses,if a non- conforming activity is discontinued for up to 5 years,any resumption of the activity shall conform to this chapter; 3.Except for cases of on-going agricultural use,if a non- conforming use or activity or structure is destroyed by human activities or an act of God,it shall not be resumed or reconstructed except in conformity with the provisions of this chapter; 4 •Activities nuisances conforming or adjuncts shall not be activities. 35 thereof entitled that are or to continue become as non- 4-32-9: ORDINANCE NO.4346 Temporary Emergency Permit Procedure: A.Temporary Emergency Permit Review Criteria. Notwithstanding the provisions of this chapter or any other city laws to the contrary,the Department Administrator may issue a temporary emergency wetlands permit if the action meets requirements of 4-32-4.C and if: that an property and 1.The Department Administrator determines unacceptable threat to life or severe loss of will occur if an emergency permit is not granted; 2.The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this act and other applicable laws. B.Temporary Emergency Permit Process. Any emergency permit 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 act and shall: 1.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 90 days except as specified in Section 4-32-9.B.5. 2.Require,within this 90 day period,the restoration of any wetland altered as a result of the emergency activity, except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. 3 •Issuance of an emergency permit by the preclude the necessity to obtain necessary appropriate federal and state authorities. city does approvals not from 4.Notice of the issuance of the emergency permit and request for pUblic comments shall be published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Renton no later than 10 days after issuance of the emergency permit.If significant comments are received, the city may reconsider the permit. 5.The emergency permit may be terminated at any time without process upon a determination by the Department Administrator that the action was not or is no longer necessary to protect human health or the environment. 36 ORDINANCE NO.4346 6.Temporary permits shall be used only in extreme cases and not to justify poor planning by an agency or applicant. 4-32-10:Judicial review: Any decision or order issued by the city pursuant to this chapter may be jUdicially reviewed provided that available administrative appeals pursuant to Section 4-32-S.C,have been exhausted;and such review is commenced by writ of review within thirty (30)working days after the Hearing Examiner decision on appeal. 4-32-11:Amendments: These regulations and the Renton Wetlands Inventory may from time to time be amended in accordance with the procedures and requirements in the general statutes and as new information concerning wetland location,soils,hydrology,flooding,or wetland plants and wildlife become available. 4-32-12:Severability: If any clause,sentence,paragraph,section or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent Jurisdiction to be invalid,such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances and to this end the provisions of each clause, sentence,paragraph,section or part of this law are hereby declared to be severable. 4-32-13:Assessment Relief: The King County Assessor should consider wetland regulations in determining the fair market value of land.Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restriction with the city of Renton or a nonprofit organization to permanently control some or all regulated activities in the wetland should have that portion of land assessed consistent with those restrictions.Such landowner should also be exempted from all special City assessments on the controlled wetland to defray the cost of municipal improvements such as sanitary sewers,storm sewers,water mains and streets. 4-32-14:Violations Declared Nuisance: Any violation of the provisions of this Chapter shall be,and the same is,declared to be unlawful and a pUblic nuisance and the city Attorney may,in addition to or in lieu of prosecuting a criminal action hereunder,commence an action or actions,for the abatement,removal,and enjoinment thereof,in the manner provided by law;and shall take such other steps and shall apply 37 ORDINANCE NO.4346 to such court or courts as may have jurisdiction to grant such reliefs as will abate or remove such violation and restrain and enjoin any person,entity,business corporation or partnership from continuing or maintaining such violations contrary to the provisions of this Chapter. 4-32-15:Definitions: A.For the purposes of this chapter,the following definitions shall apply: 1."Allowed Activities U means those activities regulated by this chapter and allowed in wetlands or their bUffers or adjacent land. 2.lIApplicant"means a person who files an application for permit under this chapter and who is either the owner of the land on which that proposed activity would be located,a contract vendee,a lessee of the land,the person who would actually control and direct the proposed activity,or the authorized agent of such a person. 3."Best Management Practices"means conservation practices or systems of practices and management measures that: a.Control soil degradation caused by sediment; loss and nutrients, reduce water quality animal waste,toxins,and b.Minimize adverse impacts to surface water and groundwater flow,circulation patterns,and to the chemical,physical,and biological characteristics of wetlands;and c.Including allowing fertilizers/pesticides. proper use and storage of 4."Compensation project ll means actions necessary to replace project-induced wetland and wetland buffer losses,including land acquisition,planning,construction plans,monitoring and contingency actions. 5. wetland wetlands lICompensa tory mi tiga tion II means replacing losses or impacts,and includes,but is restoration and creation. project-induced not limited to 6. establish "Creation"means a wetland at a site actions where it performed to intentionally did not formerly exist. 7."conservancyll is a Shorelines Master Program land use designation identifying an area to be managed in essentially its natural state while providing for a moderate to low intensity of land uses surrounding the area. 38 ORDINANCE NO.4346 8."Limited Dansi ty credit Transfer"means a transfer of allowable density from one portion of the site to another.The density credit is a percentage number which represents a credit for housing units which are not allowed to be built in wetland bUffer areas.The density credit is used in a formula found in section 4- 32-7 for determining the number of residential units allowed on the buildable portion of a lot containing wetlands or their buffers. 9."Developable Area II means land area outside of delineated wetlands and wetland buffers that is otherwise developable,taking into consideration steep slopes,unstable soil,etc. 10."Department"means the Planning/Building/Public Works Department. 11."Department Administrator ll the duly appointed head of the Planning/Building/Public Works Department. 12."Disturbed"wetlands meet the following criteria: (1)are characterized by hydrologic alterations such as and/or outlet mOdification;and hydrologic isolation, diking,channelization, (2)have severe soils alterations such as the presence of large amounts of fill,soil removal,and/or compaction of soils. 13."DOE"means the Washington state Department of Ecology. 14.IIEmergencies ll means actions that must be undertaken immediately or within a time frame too short to allow full compliance with this chapter,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. 15."Emergent wetland ll means a regulated wetland with at least 30 percent of the surface area covered by erect,rooted,herbaceous vegetation as the uppermost vegetative strata. 16.IIEnhancement ll means actions performed to improve the functioning of an existing wetland but which do not increase the area of a wetland.Enhancement is not considered an acceptable form of mitigation because it contributes to no-net-loss of wetland acreage. 17."Essential habitat"means habitat necessary survival of federally listed threatened,endangered,and species and state listed priority species. for the sensitive 18."Exotic"means any species of plants or animals that are not indigenous to the planning area. 39 ORDINANCE NO.4346 19."Existing and ongoing agricUlture II includes those activities conducted on lands defined in RCW 84.34.020(2),and those activities involved in the production of crops or livestOCk;for example,the operation and maintenance of farm and stock ponds or drainage ditches,operation and maintenance of ditches,irrigation systems including irrigation laterals,canals,or irrigation drainage ditches,changes between agricultural activities,and normal maintenance,repair,or operation of existing serviceable structures,facilities,or improved areas.Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years,unless the idle land is registered in a federal or state soils conservation program,or unless the activity is maintenance of irrigation ditches,laterals,canals,or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. 20."Forested wetland"means a vegetation community with at least 20 percent of the surface area covered by woody vegetation (trees)greater than 20 feet in height. 21."Federal Manual for Identifying and Jurisdictional Wetlands"means the manual prepared by Interagency Committee for Wetland Delineation in 1989. 22.IIHigh Intensity Development ll means land uses impacts from density or uses (1.e.mul tifamily, commercial uses). Delineating the Federal with higher industrial, 23.IlIn-kind compensation"means to replace wetlands sUbstitute wetlands whose characteristics closely approximate destroyed or degraded by a regulated activity. with those 24.lIIsolated wetlands"means those regulated wetlands which: a.Are outside of and not contiguous to any 100-year floodplain of a lake,river,or stream;and b.Have vegetation no contiguous hydric between the wetland and soil or any surface hydrophytic water. 25."Low Intensity Development ll means land uses which have fewer impacts from density or uses (Le.large lot single family, natural open space areas). 26.IILow Value Wetlands II means category 3 wetlands. 27.IIMitigation"includes avoiding,minimizing or compensating for adverse wetland impacts.Mitigation,in the following order of preference is: a.Avoiding certain action the impact or parts of 40 altogether an action; by not taking a ORDINANCE NO.4346 b.Minimizing impacts by limiting the degree or magnitude of the action and its implementation,by using appropriate technology,or by taking affirmative steps to avoid or reduce impacts; c.Rectifying the impact by repairing,rehabilitating or restoring the affected environment; d.Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; e.Compensating for the impact by restoring,or providing sUbstitute resources or environments; f.Monitoring the impact and the compensation project and taking appropriate corrective measures.Mitigation for individual actions may include a combination of the above measures. 28.IIMitigation Bank ll -see definition in section 4-32-6.C. 29."Native Vegetation"means indigenous to the area in question and to have occurred on site. plant species could reasonably which are be expected land use It is habitat 30."Natural"is a designation identifying an intended to provide areas preservation. Shorelines Master Program area as unique and fragile. of wildlife sanctuary and 31."Newly emerging wetlands"are: a.Wetlands occurring on top of fill materials;and b.Characterized by emergent vegetation,low species richness and used minimallY by wildlife. wetlands are generally found in the Black Drainage Basin. plant These River 32. from the activity. "Off-site compensation" site on which a wetland means to replace has been impacted wetlands away by a regulated 33."On-site compensation"means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. 34."Out-of-kind compensation ll means to replace wetlands with SUbstitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated acti vi ty.It does not refer to replacement "out-of-category." 41 ORDINANCE NO.4346 35."Passive recreation"means non-organized,low impact use such as hiking,walking,picnicking.It does not include organized sport activities such as baseball,soccer,etc. one or rarity other King 36.IIPlant associations of infrequent occurrence"means more plant species in a landform type which,because of the of the habitat or the species involved or both,or for botanical or environmental reasons,do not often occur in County. 37."Practicable alternative II means an alternative that is available and capable of being carried out after taking into consideration cost,existing technology I and logistics in light of overall project purposes,and having less impacts to regulated wetlands.It may include an area not owned by the applicant which could reasonably have been or be obtained,utilized,expanded,or managed in order to fulfill the basic purpose of the proposed activity. 38."proponent."See lI app licant." 39.llReasonable usel! articulated by federal and issues. is a state legal concept that has been courts in regulatory takings 40."Repair or maintenance"means an activity that restores the character,scope,size,or design of a serviceable area, structure,or land use to its previously existing,authorized and undamaged condition.Activities that change the character,size,or scope of a project beyond the original design and drain,dredge, fill,flood,or otherwise alter additional regulated wetlands are not included in this definition. 41."Regulated activityll means activities located within a regulated area. all existing and proposed wetland or regulated buffer 42."Regulated wetlandl!-see Section 4-32-3.C and 4-32-3.E. 43.IlRestoration"means actions performed to reestablish wetland functional characteristics and processes which have been lost by alterations,activities,or catastrophic events within an area which no longer meets the definition of a wetland. 44."Scrub shrub wetland ll is a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. 45.'Iserviceable ll means presently useable. 46."significant #2 Rating"is a rating assigned to wetlands in King County that are greater than 1 acre in size;equal to or less than one acre in size and having three or more vegetation classes;equal to or less than one acre in size and having a 42 ORDINANCE NO.4346 forested vegetation class i or the presence of heron rookeries or raptor nesting trees. 47."SMP"means city of Renton's Shoreline Master Program. 48.nSpecial Area Management program (SAMP)"-see Section 4- 32-6.C. 49."Unavoidable and necessary impacts"are impacts to regulated wetlands that remain after a person proposing to alter regulated wetlands has demonstrated that no practicable alternative exists for the proposed project. 50.ItUnique/Outstanding #1 Rating U is a rating assigned to wetlands in King County which have species that are listed as endangered or threatened,or the presence of critical or outstanding habitat for those species;wetlands having 40-60%permanent open water in dispersed patches with two or more vegetation classes; wetlands equal to or greater than 10 acres in size and having three or more wetland classes,one of which is open water;or the presence of plant associations of infrequent occurrence. 51."Urban lt is a Shorelines Master Program land use designation identifying an area for high intensity land uses.It is suitable for those areas presently sUbjected to extremely intensive land use pressures,as well as areas planned to accommodate future intensive urban expansion. 52."utilities U are all lines and facilities related to the provision,distribution,collection,transmission or disposal of water,storm and sanitary sewage,oil,gas,power,information, telecommunication and telephone cable,and includes facilities for the generation of electricity. 53.UVegetation types"means descriptive classes of the wetlands taxonomic classification system of the United States Fish and wildlife Service Classification of Wetlands and Deepwater Habitats of the U.S.FWS/OBS -79/31.(Cowardin,et al 1979). 54."Wetland It means for the purposes of inventory, incentives,and nonregulatory programs,those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.For the purposes of regulation,wetlands are defined by the Federal Manual for the Regulation and Delineation of Jurisdictional Wetlands pursuant to this Chapter,section 4-32- 3.C.Wetlands created or restored as part of a mitigation project are regulated wetlands.Wetlands intentionally created for purposes other than wetland mitigation,including but not limited to,stormwater management,wastewater treatment or landscape amenities,drainage ditches are not considered regulated wetlands. 43 ORDINANCE NO.4346 55."Wetland buffers"or "wetland buffer zones"are areas that surround and protect a wetland from adverse impacts to its functions and values. 56."Wetland category"is a classification system used for the purpose of regulating wetlands in the City of Renton.The criteria for determining a wetland's category are listed in Section 4-32-3.0 of this Chapter. 57."Wetland edge"means the boundary of a wetland as delineated using the Federal Manual for the Regulation and Delineation of Jurisdictional Wetlands pursuant to this Chapter, Section 4-32-3.C. 4-32-16:Effective Date: This ordinance will not apply to any threshold environment determination preliminary draft environmental impact the effective date of this ordinance. 4-32-17:SEPA Relationship: project that has reached the state (DNS,MDNS)or the statement (PDEIS)stage as of Wetlands as mapped and identified in the City of Areas Inventory of Wetlands are designated as Sensitive Areas pursuant to the state Environmental 197-11-908,and Title IV,Chapter 6,of the Renton The following SEPA categorical exemptions shall wetlands:WAC 197-11-800:1,2,3,4,6,8,25. Renton critical Environmentally Policy Act,WAC Municipal Code. not apply to SECTION II.This Ordinance shall be effective upon its passage,approval,and thirty days after pUblication. PASSED BY THE CITY COUNCIL this 9th day of March 1992. APPROVED BY THE MAYOR this 9th day of 1992. 44 March ORDINANCE NO.4346 Lawrence J.Warren,City Attorney Date of Publication:3/19/92 ORD.224-2:3/12/92:as.jw. 45 Amended by ORO #4478,4538 4703 CITY OF RENTON,WASHINGTON SUMMARY OF ORDINANCE NO.4346 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING TITLE IV (BUILDING REGULATIONS),OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"BY ADDING CHAPTER 32 RELATING TO WETLANDS MANAGEMENT (INTERIM ORDINANCE). SECTION I.Title IV (Building Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is amended by adding Chapter 32,Wetlands Management,which is summarized as follows: SECTION: 4-32-1: 4-32-2: 4-32-3: 4-32-4: 4-32-5: 4-32-6: 4-32-7: 4-32-8: 4-32-9: 4-32-10: 4-32-11 : 4-32-12: 4-32-13: 4-32-14: 4--32-15 : 4-32-16: 4-32-17: Findings of Fact and Purpose General Provisions Lands to Which this Chapter Applies Allowed and Regulated Activities Review Procedures for Projects with Wetlands Standards for Permit Approvals Densities and Separate Tracts Non-Conforming Activities Temporary Emergency Permit Procedure Judicial Review Amendments Severability Assessment Relief Violations Declared Nuisance Definitions Effective Date Relationship to SEPA. SECTION II.A full text of this Ordinance will be mailed, without charge,upon request to the City Clerk. Date of Publication:March 13.1992 ORD.229:3/9/92:as.