HomeMy WebLinkAboutORD 4835CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4 8 3 5
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING TITLE 4 (DEVELOPMENT REGULATIONS), OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON"
RELATING TO THE CRITICAL AREAS ORDINANCE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION I. Section 1-3-1 of Chapter 3, General Penalty, ofTitle I (Administrative),
of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington" is hereby amended by adding subsection E which reads as follows:
E. PENALTIES FOR VIOLATION OF CRITICAL AREA
REGULATIONS.
1. Misdemeanor and Penalties for Conviction-Geologic Hazards, Habitat
Conservation, and Wetlands: It shall be unlawful for any person, firm,
or corporation to violate any applicable provisions of RMC 4-3-050,
Critical Areas Regulations. Any person, firm or corporation violating
any ofthe applicable provisions ofRMC 4-3-050 shall upon conviction
be guilty of a misdemeanor, and each such person shall be deemed
guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the applicable provisions ofRMC
4-3-050 is committed, continued or permitted; and upon conviction of
any such violation such person shall be punishable by a fme of not
more than five hundred dollars ($500.00), or by imprisonment for not
more than ninety (90) days, or by both such fme and imprisonment.
2. Misdemeanor and Penalties for Conviction -Flood Hazard Areas: It
shall be unlawful for any person, firm, or corporation to violate any
applicable provisions of RMC 4-3-050. Any person, firm or
corporation violating any ofthe applicable provisions ofRMC 4-3-050
(including violations of conditions and safeguards established in
connection with conditions) shall upon conviction be guilty of a
misdemeanor. Any person who violates applicable provisions of RMC
4-3-050, Critical Areas Regulations, or fails to comply with any of its
requirements shall upon conviction thereof be fmed not more than five
hundred dollars ($500.00) or be imprisoned for not more than one
hundred eighty (180) days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. Nothing herein
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ORDINANCE NO. 4 8 3 5 ------
contained shall prevent the City of Renton from taking such other
lawful action as is necessary to prevent or remedy any violation.
3. Misdemeanor and Penalties for Conviction -Aquifer Protection
[Reserved].
4. Misdemeanor and Penalties for Conviction -Non-Shoreline Master
Program Streams and Lakes [Reserved].
5. Civil Penalties: Civil penalties as prescribed by RMC 1-3-2.C. (4),
(11), (13), (14), (15) and (16) or any other method allowed by law, may
be used by the City for any violations of RMC 4-3-050, Critical Areas
Regulations.
6. Violations Declared Nuisance: Any violations of the provisions of
RMC 4-3-050, Critical Areas Regulations shall be, and the same is
declared to be unlawful and a public nuisance and the City Attorney
may, in addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, for the abatement, removal
and enjoinment thereof, in the manner provided by law; and shall take
such other steps as and shall apply to such court or courts as may have
jurisdiction to grant such relief as will abate or remove such violation
and restrain and enjoin any person, entity, business, corporation or
partnership from continuing or maintaining such violations contrary to
the provisions ofRMC 4-3-050.
7. Tests:
a. Whenever there is insufficient evidence of compliance with any
of the provisions of RMC 4-3-050, Critical Areas Regulations,
or evidence that any action does not conform to the
requirements of RMC 4-3-050, the Department Director may
require tests as proof of compliance to be made at no expense to
this jurisdiction.
b. Test methods shall be as specified by RMC 4-3-050, Critical
Areas Regulations, or by other recognized and accepted test
standards. Ifthere are no recognized and accepted test methods
for the proposed alternate, the Department Director shall
determine test procedures.
SECTION II. Section 1-3-2.e of Chapter 3, General Penalty, of Title I
(Administrative), ofOrdinance No. 4260 entitled "Code of General Ordinances ofthe City of
Renton, Washington" is hereby amended to read as follows:
e. Title IV: All sections, with the exception of the following
sections, which are subject to general penalties under RMC 1-3-
1:
(1) National Electrical Code: RMC 4-5-040.
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ORDINANCE NO. 4835 -----
(2) Those sections of "Standards and Review Criteria for
Keeping Animals" relating to care, maintenance and
individual licensing: RMC 4-4-010. Violations of
regulations limiting the type or number of animals are
subject to civil penalties.
(3) Fire Prevention And Uniform Fire Code Regulations:
RMC 4-5-070.
(4) Flood Hazard Area Regulations: RMC 4-3-050.!.
(5) Garage Sale Regulations: RMC 4-4-050.
(6) Landscaping Requirements: RMC 4-4-070.
(7) Mobile Park Regulations: RMC 4-9-110.
(8) Shoreline Master Program Regulations: RMC 4-3-080
and RMC 4-3-050.L.
(9) Subdivision Regulations: Chapter 4-7.
(10) Utility Regulations: Chapter 4-6.
(11) Wetlands: RMC 4-3-050.M. Violations of wetland
provisions are also subject to the nuisance penalties
under RMC 1-3-3.
(12) Provisions Of The City's Environmental Review
Procedures: RMC 4-9-070. Violations of these
provisions are also subject to the nuisance penalties
under Chapter 8-8.
(13) Aquifer Protection Regulations RMC 4-3-050.H.:
[Reserved].
(14) Geologic Hazards Regulations: RMC 4-3-050.1.
(15) Non-Shoreline Master Program Regulated Streams and
Lakes Regulations: RMC 4-3-050.L. [Reserved].
(16) Habitat Conservation Regulations: RMC 4-3-050.K.
(17) Other Provisions ofthe Critical Areas Regulation: RMC
4-3-050.
SECTION III. Section 4-1-050.A.l of Chapter 1, Administration and
Enforcement, of Title 4 (Development Regulations), ofOrdinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as
follows:
1. Authority: The Planning/Building/Public Works Administrator or his or
her designee shall review and act on the following:
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SECTION IV.
ORDINANCE NO. 4 8 3 5
Aquifer protection regulation waivers and modifications,
Building and grading permits,
Conditional approval permits for nonconforming structures,
Conditional use permit, administrative,
Development permit-special flood hazard,
Modifications of the number of required parking stalls and the
requirements of the parking, loading and driveway regulations,
Interpretation of flood insurance rate map boundaries,
Lot line adjustments,
Master site plan review (individual phases),
Minor modifications to previously approved site plan,
Modifications to development standards in the Centers
Residential Demonstration Overlay District,
Modifications of storm drainage requirements,
Modification of Geologic Hazard Regulations for man-made
slopes,
Modifications/waivers of sewer code requirements,
Public art exemption certificate,
Review of business licenses for home occupations,
Critical Areas Regulation administrative allowances and
determinations per RMC 4-3-050.D.1, General Provisions -All
Critical Areas, and Critical Areas Regulation Variances per
RMC 4-9-250.B., Variance Procedures.
Routine vegetation management permits,
Shoreline exemptions,
Shoreline permits,
Short plats-four (4) or less,
Site plan approval, administrative,
Temporary emergency wetland permits,
Temporary use permits,
Variances-Administrative pursuant to RMC 4-9-250.B.1.c,
Waivers of right-of-way dedication for plat.
Subsection 4-1-0SO.F.p of Chapter 1, Administration and
Enforcement, ofTitle 4 (Development Regulations), ofOrdinance No. 4260 entitled "Code of
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ORDINANCE NO. 4835
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General Ordinances of the City of Renton, Washington" IS hereby amended to read as
follows:
p. Variances from the Critical Area Regulations listed in RMC 4-9-250.B.l.
SECTION V. Section 4-1-050.F of Chapter 1, Administration and Enforcement, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by deleting subsection g
and renumbering the remaining sections.
SECTION VI. Subsection 4-1-090 of Chapter 1, Administration and
Enforcement, ofTitle 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances ofthe City of Renton, Washington" is hereby amended by adding section
C which reads as follows:
C. DISCLAIMER OF LIABILITY:
The degree of hazard protection required by RMC 4-3-050, Critical Areas
Regulations, is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. RMC 4-3-050 does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. RMC 4-3-050 shall not create liability on the part of the City, any officer or
employee thereof for damages that result from reliance on this section or any administrative
decision lawfully made hereunder.
SECTION VII. Section 4-3-050 of Chapter 3, Environmental Regulations and
Special Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled
"Code of General Ordinances ofthe City ofRenton, Washington" is hereby amended to read
as follows:
4-3-050
A.
CRITICAL AREAS REGULATIONS ............................................ 13
PURPOSE .............................................................................. 13
1. General
2. Aquifer Protection [Reserved]
3. Flood Hazards
4. Geologic Hazards
5. Habitat Conservation
6. Shorelines, Streams and Lakes [Reserved]
7. Wetlands
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ORDINANCE NO. 4 8 3 5 -----
B. APPLICABILITY: CRITICAL AREAS
DESIGNATIONS/MAPPING ....................................................... 15
1. Lands to Which These Regulations Apply
2. Aquifer Protection [Reserved]
3. Flood Hazards
a. Applicability
b. Areas of Special Flood Hazard
c. Mapping and Documentation
4. Geologic Hazards
a. Applicability
b. Steep Slopes
( 1) Steep Slope Delineation Procedure
(2) Steep Slope Types
c. Landslide Hazards
(1) Low Landslide Hazard (LL)
(2) Medium Landslide Hazard (LM)
(3) High Landslide Hazards (LH)
( 4) Very High Landslide Hazards (LV)
d. Erosion Hazards
(1) Low Erosion Hazard (EL)
(2) High Erosion Hazard (EH)
e. Seismic Hazards
(1) Low Seismic Hazard (SL)
(2) High Seismic Hazard (SH)
£ Coal Mine Hazards
(1) Low Coal Mine Hazards (CL)
(2) Medium Coal Mine Hazards (CM)
(3) High Coal Mine Hazard (CH)
g. Mapping
5. Habitat Conservation
a. Applicability
b. Critical Habitat
c. Mapping
6. Shorelines, Streams and Lakes [Reserved]
a. Applicability [Reserved]
b. Defmitions [Reserved]
c. Mapping [Reserved]
7. Wetlands
a. Applicability
b. Classification System
( 1) Category 1 : Very High Quality Wetlands
(2) Category 2: High Quality Wetlands
(3) Category 3: Lower Quality Wetlands
c. Maps and Inventory
d. Delineation of Wetland Edge
e. Regulated and Non-Regulated Wetlands
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ORDINANCE NO. 4835
C. APPLICABILITY: EXEMPT, PROIITBITED AND NONCONFORMING
ACTIVITIES .......................................................................... 20
1. Applicability
a. General
b. Aquifer Protection [Reserved]
c. Shorelines, Streams and Lakes: [Reserved]
2. Permit Required
3. Finding of Conformance Required
4. Letter of Exemption
a. When Required
(1) Flood Hazards, Geologic Hazards, Habitat Conservation, and
(2) Wetlands
(3) Aquifer Protection[Reserved]
(4) Shorelines, Streams and Lakes [Reserved]
b. Applicability of Section Requirements to Exempt Activities
c. Administrator Findings
5. Specific Exemptions-Table
a. Conservation, Enhancement, Education and Related Activities
b. Research and Site Investigation
c. Agricultural, Harvesting, Vegetative Management
d. Surface Water
e. Roads, Parks, and Public Utilities
f. Wetland Disturbance, Modification and Removal
g. Maintenance and Construction-Existing Uses and Facilities
h. Emergency Activities
1. Activities in Critical Area Buffers
6. Prohibited Activities
a. General -All Critical Areas
b. Prohibited Activities -Flooding
c. Prohibited Activities -Shorelines, Streams and Lakes [Reserved]
d. Prohibited Activities-Wetlands
7. Temporary Emergency Exemption Procedure
a. Temporary Emergency Exemption Purpose
b. Temporary Emergency Exemption Review Authority and Decision
Criteria
c. Temporary Emergency Exemption Letter Process and Timing
(1) Time Limits
(2) Restoration Required
(3) Public Notice Required
( 4) Expiration of Exemption Authorization
8. Non-Conforming Activities or Structures
D. ADMINISTRATION AND INTERPRETATION ............................... 30
1. General Provisions -All Critical Areas
a. Duties of Administrator
b. Interpretation
c. Compliance
d. Review Official
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ORDINANCE NO. 4 8 3 5 -----
2. Aquifer Protection [Reserved]
3. Flood Hazards
a. Duties and Responsibilities ofthe Department Administrator or
Designee
b. Information to Be Obtained and Maintained
(1) Record Required
(2) Elevations and Certificates
(3) Public Records
c. Alteration of Watercourses
( 1) Notice Required
(2) Maintenance
d. Interpretation of Firm Boundaries
e. Record Required
4. Review Authority
a. Review Authority -General
b. Review Authority-Geologic Hazards, Habitat Conservation,
Shorelines, Streams and Lakes, and Wetlands
(1) Geologic Hazards
(2) Habitat Conservation
(3) Shorelines, Streams and Lakes [Reserved]
( 4) Wetlands
5. Authority to Approve, Condition and Deny-General
6. Authority to Approve, Condition and Deny -Shorelines, Streams and
Lakes [Reserved]
E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED
ALTERATIONS ...................................................................... 34
1. Performance Standards
2. Protection of Critical Area
3. Allowed Alterations
F. SUBMITTAL REQUIREMENTS AND FEES ................................. 34
1. Applicability
2. Pre-application Consultation
3. Plans Required
4. Submittal Requirements
5. Fees
6. Waiver of Submittal or Procedural Requirements
G. NATIVE GROWTH PROTECTION AREAS .................................... 35
1. When Required
2. Standards
3. Method of Creation
a. Conservation Easement
b. Protective Easement
c. Tract and Deed Restriction
4. Marking During Construction
5. Signage Required
6. Responsibility for Maintenance
7. Maintenance and Maintenance Note Required
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ORDINANCE NO. 4835
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H. AQUIFER PROTECTION [Reserved] ............................................. 37
I. FLOOD HAZARDS ................................................................... 37
1. Applicability
2. General Standards
a. Anchoring--All New Construction
b. Anchoring--Manufactured Homes
c. Construction Materials and Methods
d. Utilities
(1) Water
(2) Sewer
(3) Waste Disposal
e. Subdivision Proposals
f. Project Review
(1) Building Permits
(2) Land Use Applications
3. Specific Standards
a. Residential Construction
b. Manufactured Homes
c. Nonresidential Construction
4. Additional Restrictions within Floodways
a. Increase in Flood Levels Prohibited
b. Residential Construction in Floodways
5. Compensatory Storage
a. Compensatory Storage Required
b. Additional Requirements-Springbrook Creek
c. Determining Finished Floor Elevations According to FEMA
J. GEOLOGIC HAZARDS ................................................................ 42
1. Applicability
2. Special Studies Required
3. Independent Secondary Review
a. Required: Sensitive Slopes, and Medium, High, or
Very High Landslide Hazards
b. At City's Discretion: High Erosion, High Seismic, Medium Coal Mine, or
High Coal Mine Hazard
4. Conditions of Approval-General
5. Protected Slopes
a. Prohibited Development
b. Exceptions
c. Native Growth Protection Areas-Protected Slopes
d. Conditions of Approval
6. Sensitive Slopes, Medium and High /and Very High Landslide Hazards, and
High Erosion Hazards
a. Erosion Control Plans
b. Conditions of Approval
c. On-site Inspections
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ORDINANCE NO. 4 8 3 5 -----
7. Very High Landslide Hazards
a. Development Restrictions
b. Buffer Requirement
c. Native Growth Protection Area-Very High Landslide Hazards
8. Coal Mine Hazards
a. Medium Hazard -Report Required
b. High Hazard -Report Required
c. Conditions of Approval
(1) Additional Engineering Design and Remediation Specifications
(2) Hazards Found During Construction
(3) Construction in Areas with Combustion
K. HABITAT CONSERVATION........................................................ 46
1. Applicability
2. Habitat Assessment Required
3. Native Growth Protection Areas
4. Alterations Require Mitigation
5. Mitigation Options
a. On-Site Mitigation
b. Off-Site Mitigation
c. In-Kind Mitigation
L. SHORELINES, STREAMS AND LAKES [Reserved].......................... 4 7
M. WETLANDS........................................................................... 4 7
1. Applicability
a. Regulated and Non-Regulated Wetlands-General
b. Non-Regulated Class 3 Wetlands
2. General Standards for Permit Approval
3. Study Required
a. When Study Is Required
(1) Wetland Classification
(2) Wetland Delineation
b. Study Waived
4. Delineation ofRegulatory Edge of Wetlands
a. Methodology
b. Delineations -Open Water
c. Adjustments to Delineation by City
d. Period ofValidity for Wetland Delineation
(1) Within City Limits
(2) Outside City Limits
5. Determination of Wetland Classification
6. Wetland Buffers
a. Buffers Required
b. Measurement ofBuffers
c. Standard Buffer Zone Widths
d. Increased Wetland Buffer Zone Width
e. Reduction of Buffer Width
f. Averaging of Buffer Width
7. Wetlands-Native Growth Protection Areas
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ORDINANCENO. _4 _8 _35 __ _
a. Protection Area Required
b. Establishment
c. Fencing May Be Required
8. Wetland Changes-Alternative Methods of Development
9. Compensating For Wetlands Impacts
a. Goal
b. Plan Requirements
c. Plan Performance Standards
d. Acceptable Mitigation-Permanent Wetland Impacts
e. Restoration, Creation, or Combined Enhancement Required -
Compensation for Permanent Wetland Impacts
f. Compensating for Temporary Wetland Impacts
g. Mitigation Bank Agreement -Glacier Park Company
10. Wetlands Compensation--Restoration, Creation, and Enhancement
11. Wetlands Creation and Restoration
a. Creation or Restoration Proposals
b. Compliance with Goals
c. Category
d. Design Criteria
e. Acreage Replacement Ratio
f Increased Creation/Restoration/Replacement)
g. Decreased Creation/Restoration/Replacement Ratios
h. Category 3 Replacement Option
i. Minimum Restoration/Creation Ratio
12. Wetland Enhancement
a. Enhancement Proposals -Combined with Restoration and Creation
b. Evaluation Criteria
c. Wetlands Eligible for Enhancement
d. Mitigation Ratios
e. Ratio Modification and Minimum Restoration/Creation Ratio
13. Out-of-Kind Replacement
14. Off-site Compensation
a. When Permitted:
b. Location
c. Siting Recommendations
d. Timing
15. Cooperative Wetland Compensation: Mitigation Banks or Special Area
Management Programs (SAMP)
a. Applicability
b. Process
c. Mitigation Banks
d. Special Area Management Programs
e. Compensation Payments to Mitigation Bank
16. Mitigation Plans
a. Required for Restoration, Creation and Enhancement Projects
b. Timing for Mitigation Plan Submittal and Commencement of any
Work
c. Content of Mitigation Plan
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ORDINANCE NO. 4 8 3 5 -----
17. Surety Devices
a. Performance Surety Device Required
(1) Amount ofPerformance Surety Device
(2) Breach of Conditions
(3) Release of Performance Security Device
b. Maintenance Surety Device Required
N. ALTERNATES, MODIFICATIONS AND VARIANCES .............. 61+
0.
P.
Q.
R.
1. Alternates
a. Applicability
2. Modifications
a. Applicability
( 1) Aquifer Protection [Reserved]
(2) Geologic Hazards -Modifications
(3) Wetlands-Modifications
3. Variances:
1.
2.
1.
1.
2.
1.
2.
3.
a. Aquifer Protection: [Reserved]
b. Flood Hazards -Variances
c. Geologic Hazards, Habitat Conservation, and Wetlands-Variance
(1) Applicability
(2) Variance Application Submittal
(3) Review Authority
d. Shorelines, Streams and Lakes -Variances [Reserved]
APPEALS ......................................................................... 66
General
Record Required -Flood Hazards
ASSESSMENT RELIEF-WETLANDS .................................... 66
City Assessments
VIOLATION AND PENALTIES .............................................. 66
Enforcement Officer
Penalties for Violations
MAPS .............................................................................. 67
Aquifer Protection: [Reserved]
Flood Hazards
Geologic Hazards
a. Coal Mine Hazards
(1) Map
(2) Mapping Criteria
b. Erosion Hazards
(1) Map
(2) Mapping Criteria
c. Landslide Hazards
(1) Map
(2) Mapping Criteria
d. Seismic
(1) Map
(2) Mapping Criteria
e. Steep Slopes
12
4-3-050
A.
ORDINANCENO. _4_8 _3 _5 __
4. Shorelines, Streams and Lakes [Reserved]
5. Wetlands
CRITICAL AREAS REGULATIONS:
PURPOSE:
1. General: The purposes of this section are to:
a. Manage development activities to protect life, property, and
environmental quality; and,
b. Assist or further the implementation of the policies of the
Growth Management Act, the State Environmental Policy Act,
chapter 43.21C RCW, City Comprehensive Plan, and its
implementing regulations.
2. Aquifer Protection [Reserved]
3. Flood Hazards: It is the purpose of the flood hazard regulations to:
a. Promote the public health, safety, and general welfare; and,
b. Minimize public and private losses due to flood conditions in
specific areas; and,
c. Protect human life and health; and,
d. Minimize expenditure of public money and costly flood control
projects; and,
e. Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public; and,
f Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and
bridges located in areas of special flood hazard; and,
g. Help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to
minimize future flood blight areas; and,
h. Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
4. Geologic Hazards: The purposes of the geologic hazard regulations
are to:
a. Minimize damage due to landslide, subsidence or erosion
through the control of development; and,
b. Protect the public against avoidable losses due to maintenance
and replacement of public facilities, property damage, subsidy
cost of public mitigation of avoidable impacts, and costs for
public emergency rescue and relief operations; and,
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ORDINANCE NO. 4 8 3 5 ------
c. Reduce the risks to the City and its citizens from development
occurring on unstable slopes; and,
d. Control erosion and sediment run-off from development.
5. Habitat Conservation: The primary purpose of habitat conservation
regulations is to minimize impacts to critical habitats and to restore and
enhance degraded or lower quality habitat in order to:
a. Maintain and promote diversity of species and habitat within the
City; and,
b. Coordinate habitat protection with the City's open space
system, whenever possible, to maintain and provide habitat
connections; and
c. Help maintain air and water quality, and control erosion; and
d. Serve as areas for recreation, education, scientific study, and
aesthetic appreciation.
6. Shorelines, Streams and Lakes: [Reserved]
7. Wetlands: The purposes ofthe wetland regulations are to:
a. Ensure that activities in or affecting wetlands not threaten
public safety, cause nuisances, or destroy or degrade natural
wetland functions and values; and
b. Protect the public health, safety and welfare by minimizing and
managing the adverse environmental impacts of development
within and adjacent to wetlands; and
c. Preserve, protect and restore wetlands by regulating
development within them and around them; and
d. Protect the public from:
(1) Preventable maintenance and replacement of public
facilities needed when wetland functioning is impaired;
and
(2) Costs associated with repair of downstream properties
resulting from erosion and flooding due to the loss of
water storage capacity provided by wetlands; and
(3) Unnecessary costs for public emergency rescue and
relief operations; and
(4) Potential litigation on improper construction practices
occurring in wetland areas; and
e. Provide City officials with information to evaluate, approve,
condition or deny public or private development proposals; and
f. Prevent the loss of wetland acreage and functions and strive for
a net gain over present conditions.
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ORDINANCE NO. 4835 -----
B. APPLICABILITY: CRITICAL AREAS DESIGNATIONS/MAPPING:
1. Lands to Which These Regulations Apply: The following Critical
areas, classified in subsections B.2 through B. 7 below, are regulated by
this section:
a. Aquifer Protection Areas. [Reserved]
b. Areas of Special Flood Hazard.
c. Sensitive Slopes, twenty five to forty percent (25-40%) and
Protected Slopes, forty percent (40%) or greater.
d. Medium, High, and Very High Landslide Hazard Areas.
e. High Erosion Hazards.
f. High Seismic Hazards.
g. Medium and High Coal Mine Hazards.
h. Critical Habitats.
1. Shorelines, Streams and Lakes. [Reserved]
J. Wetlands, Categories 1, 2 and 3.
2. Aquifer Protection [Reserved]
3. Flood Hazards:
a. Applicability: Flood hazard regulations shall apply to all areas
of special flood hazards within the jurisdiction of the City.
b. Areas of Special Flood Hazard: Areas of special flood hazard
are defmed as the land in the floodplain subject to one percent
(1 %) or greater chance of flooding in any given year.
Designation on flood maps always include the letters A or V.
c. Mapping and Documentation: The areas of special flood
hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled the Flood Insurance
Study for the City of Renton, dated September 29, 1989, and
any subsequent revision, with accompanying flood insurance
maps is hereby adopted by reference and declared to be a part of
this section. The flood insurance study is on file at the
Planning/Building/Public Works Department.
4. Geologic Hazards:
a. Applicability: The geologic hazard regulations apply to all
non-exempt activities on sites containing steep slopes, landslide
hazards, erosion hazards, seismic hazards, and/or coal mine
hazards classified below or on sites within 50 feet of steep
slopes, landslide hazards, erosion hazards, seismic hazards,
and/or coal mine hazards classified below which are located on
abutting or adjacent sites.
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ORDINANCE NO. 4 8 3 5 -----
b. Steep Slopes:
(1) Steep Slope Delineation Procedure: The boundaries of
a regulated steep critical or protected slope IS
determined to be in the location identified on the City of
Renton's Steep Slope Atlas. An applicant's qualified
professional may substitute boundaries independently
derived from survey data for the City's consideration in
determining the boundaries of critical or protected steep
slopes. All topographic maps shall utilize 2-foot
contour intervals or the standard utilized in the City of
Renton Steep Slope Atlas. The City may require
independent review of an applicant's steep slope study
by a qualified professional selected by the City, at the
applicant's expense.
(2) Steep Slope Types:
• Critical Slopes.
• Protected Slopes.
c. Landslide Hazards:
(1) Low Landslide Hazard (LL): Areas with slopes less
than fifteen percent (15% ).
(2) Medium Landslide Hazard (LM): Areas with slopes
between fifteen and forty percent ( 15-40%) and
underlain by soils that consist largely of sand, gravel or
glacial till.
(3) High Landslide Hazards (LH): Areas with slopes
greater than forty percent ( 40% ), and areas with slopes
between fifteen and forty percent ( 15 and 40%) and
underlain by soils consisting largely of silt and clay.
(4) Very High Landslide Hazards (LV): Areas of known
mappable landslide deposits.
d. Erosion Hazards:
(1) Low Erosion Hazard (EL): Areas with soils
characterized by the Natural Resource Conservation
Service (formerly U.S. Soil Conservation Service) as
having slight or moderate erosion potential, and that
slope less than fifteen percent (15%).
(2) High Erosion Hazard (EH): Areas with soils
characterized by the Natural Resource Conservation
Service (formerly U.S. Soil Conservation Service) as
having severe or very severe erosion potential, and that
slope more steeply than fifteen percent (15%).
16
ORDINANCE NO.
4835
e. Seismic Hazards:
(1) Low Seismic Hazard (SL): Areas underlain by dense
soils or bedrock. These soils generally have site
coefficients oftypes Sl or S2, as defined in the Uniform
Building Code.
(2) High Seismic Hazard (SH): Areas underlain by soft or
loose, saturated soils. These soils generally have site
coefficients oftypes S3 or S4, as defmed in the Uniform
Building Code.
f. Coal Mine Hazards:
(1) Low Coal Mine Hazards (CL): Areas with no known
mine workings and no predicted subsidence. While no
mines are known in these areas, undocumented mining
is known to have occurred.
(2) Medium Coal Mine Hazards (CM): Areas where
mine workings are deeper than two hundred (200) feet
for steeply dipping seams, or deeper than fifteen ( 15)
times the thickness of the seam or workings for gently
dipping seams. These areas may be affected by
subsidence.
(3) High Coal Mine Hazard (CH): Areas with abandoned
and improperly sealed mine openings and areas
underlain by mine workings shallower than 200 feet in
depth for steeply dipping seams, or shallower than
fifteen (15) times the thickness of the seam or workings
for gently dipping seams. These areas may be affected
by collapse or other subsidence.
g. Mapping. Maps of steep slopes, landslide, erosion, seismic,
and coal mine hazards are documented and included in RMC 4-
3-050.R, Maps. The actual presence or absence of the criteria
listed above as determined by qualified professionals, shall
govern the treatment of an individual building site or parcel of
land requiring compliance with these regulations.
5. Habitat Conservation:
a. Applicability: The habitat conservation regulations apply to all
non-exempt activities on sites containing or abutting critical
habitat as classified below.
b. Critical Habitat: Critical habitat are those habitat areas which
meet any of the following criteria:
(1) The documented presence of species proposed or listed
by the federal government or State of Washington as
endangered, threatened, sensitive, monitor, or priority;
and/or,
17
ORDINANCE NO.
4835
(2) The presence of heron rookeries or raptor nesting areas;
and/or,
(3) Category 1 wetlands (Refer to RMC 4-3-0SO.B. 7.b.1. for
classification criteria); and/or,
( 4) Portions of streams and their shorelines designated in
the Renton Shoreline Master Program, RMC 4-3-090, as
Conservancy or Natural refer to the Renton Shoreline
Master Program).
c. Mapping:
( 1) Critical habitats are identified by lists, categories and
definitions of species promulgated by the Washington
State Department of Fish and Wildlife (Non-game Data
System Special Animal Species) as identified in WAC
232-12-011; in the Priority Habitat and Species program
of the Washington State Department of Fish and
Wildlife; or by rules and regulations adopted currently
or hereafter by the U.S. Fish and Wildlife Service.
(2) Referenced inventories and maps are to be used as
guides to the general location and extent of critical
habitat. Critical habitat which is identified in RMC 4-3-
0SO.B.S.b, but not shown on the referenced inventories
and maps, are presumed to exist in the City and are also
protected under all the provisions of this section.
(3). The actual presence or absence of the criteria listed
above as determined by qualified professionals, shall
govern the treatment of an individual building site or
parcel of land requiring compliance with these
regulations.
6. Shorelines, Streams and Lakes: [Reserved]
a. Applicability: [Reserved]
b. Definitions: [Reserved]
c. Mapping: [Reserved]
7. Wetlands:
a. Applicability: The wetland regulations apply to sites
containing or abutting wetlands as described below. Category 2
wetlands, less than 2,200 square feet in area, and Category 3
wetlands, less than 5,00 square feet in area, are exempt from
these regulations.
b. Classification System: The following classification system is
hereby adopted for the purposes of regulating wetlands in the
City. Wetlands buffer widths, replacement ratios and avoidance
criteria shall be based on the following rating system:
18
ORDINANCE NO. 4 8 3 5 -----
(1) Category 1, Very High Quality Wetlands: Category 1
wetlands are wetlands which meet one or more of the
following criteria:
• The presence of species listed by Federal or State
government as endangered or threatened, or the presence of
essential habitat for those species; and/or,
• Wetlands having forty percent (40%) to sixty percent (60%)
permanent open water (in dispersed patches or otherwise)
with two (2) or more vegetation classes; and/or,
• Wetlands equal to or greater than ten (10) acres in size and
having three (3) or more vegetation classes, one of which is
open water; and/or,
• The presence of plant associations of infrequent occurrence;
or at the geographic limits of their occurrence, and/or
• Wetlands assigned the Unique/ Outstanding #1 rating in the
current King County Wetlands Inventory 1991 or as
thereafter amended.
(2) Category 2, High Quality Wetlands: Category 2
wetlands are wetlands greater than two thousand two
hundred (2,200) square feet which meet one or more of
the following criteria:
• Wetlands greater than two thousand two hundred (2,200)
square feet that are not Category 1 or 3 wetlands; and/or,
• Wetlands that have heron rookeries or raptor nesting trees,
but are not Category 1 wetlands; and/or,
• Wetlands of any size located at the headwaters of a
watercourse, but are not Category 1 wetlands; and/or,
• Wetlands assigned the Significant #2 rating in the current
King County Wetlands Inventory 1991 or as thereafter
amended; and/or
• Wetlands having minimum existing evidence of human
related physical alteration such as diking, ditching or
channelization.
(3) Category 3, Lower Quality Wetlands: Category 3
wetlands are wetlands greater than five thousand (5,000)
square feet which meet one or more of the following
criteria:
• Wetlands that are severely disturbed. Severely disturbed
wetlands are wetlands which meet the following criteria:
19
ORDINANCE NO. 4 8 3 5 -----
-Are characterized by hydrologic isolation, human-related
hydrologic alterations such as diking, ditching,
channelization and/or outlet modification; and
-Have soils alterations such as the presence of fill, soil
removal and/or compaction of soils; and
-May have altered vegetation.
• Wetlands that are newly emerging. Newly emergmg
wetlands are:
-Wetlands occurring on top of fill materials; and
-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.
• All other wetlands not classified as Category 1 or 2 such as
smaller, high quality wetlands.
c. Maps and Inventory:
(1) The approximate location and extent ofwetlands in the
City is displayed in RMC 4-3-0SO.R., Maps. The Map
is to be used as a guide to the general location and extent
of wetlands.
(2) Wetlands which are defined in RMC 4-3-0SO.B. 7.b,
Classification System, but not shown on the Renton
Wetlands Map Inventory, are presumed to exist in the
City and are also protected under all the provisions of
this section.
(3) The actual presence or absence of the wetland criteria
listed above, as determined by qualified professionals,
shall govern the treatment of an individual building site
or parcel of land requiring compliance with these
regulations.
d. Delineation of Wetland Edge: For the purpose of regulation,
the wetland edge should be delineated pursuant to RMC 4-3-
050.M.4.
e. Regulated and Non-Regulated Wetlands: Refer to RMC 4-3-
050-M.l.a. and M.l.b. for applicability thresholds for regulatory
and nonregulatory wetlands.
C. APPLICABILITY: EXEMPT, PROHIBITED AND NONCONFORMING
ACTIVITIES:
1. Applicability: This Section applies to any use or development
proposed on public or private property or rights of way within a
regulated critical area or within a required buffer zone for a regulated
20
ORDINANCE NO. 4 8 3 5 ------
critical area. It is the City's intent to approve projects and/or permit
conduct of a regulated activity in a critical area only when they
conform to this section. Any person seeking to determine whether a
proposed activity or land area is subject to this section may request in
writing a determination from the City. Such a request for
determination shall contain the information requirements specified by
the Department Administrator .
a. General: Unless determined to be exempt, all proposed
development, fill, and activities in regulated critical areas and
their buffers shall comply with the requirements of this section.
Expansion or alteration of existing activities shall also comply
with the requirements ofthis section.
b. Aquifer Protection (Reserved]
c. Shorelines, Streams and Lakes: [Reserved]
2. Permit Required: Prior to any development or alteration to a property
containing a critical area as defmed in RMC 4-3-0SO.B, Applicability:
Critical Areas Designations/Mapping, the owner or designee must
obtain a development permit, critical area permit, or letter of
exemption.
3. Finding of Conformance Required: No separate critical area permit
is required for a development proposal which requires land use,
environmental, or construction permits. Conformance with these
Critical Area Regulations shall be a finding in any approval of a
development permit, and such fmding shall be documented in writing
in the project file. If a proposed activity is not exempt and does not
otherwise require a development permit, but is subject to this section,
the Department Administrator shall determine whether to grant or deny
a separate critical areas permit based upon compliance with applicable
standards and regulations of this section.
4. Letter of Exemption:
a. When Required:
(1) Flood Hazards, Geologic Hazards, Habitat
Conservation, Wetlands: Except in the case of public
emergencies all exemptions require that a letter of
exemption be obtained from the Department
Administrator prior to construction or initiation of
activities.
(2) Aquifer Protection: [Reserved]
(3) Shorelines, Streams and Lakes: [Reserved]
b. Applicability of Section Requirements to Exempt Activities:
Exempt activities provided with a letter of exemption may
intrude into the critical area or required buffer subject to any
listed conditions or requirements. Exempt activities do not need
21
ORDINANCE NO. 4 8 3 5 ------
to comply with mitigation ratios of RMC 4-3-050.M.ll,
Wetlands Creation and Restoration, or 12, Wetland
Enhancement, unless required in exemption criteria. A critical
areas report, and/or enhancement or mitigation plan shall be
required, unless otherwise waived by the Department
Administrator.
c. Administrator Findings: In determining whether to issue a
letter of exemption, the Administrator shall find that:
( 1) the activity is not prohibited by this or any other chapter
of the RMC or state or federal law or regulation;
(2) the activity will be conducted using best management
practices as specified by industry standards or applicable
Federal agencies or scientific principles;
(3) impacts are minimized and, where applicable, disturbed
areas are immediately restored, unless the exemption is a
wetland below the size thresholds pursuant to RMC 4-3-
050-C.5.f.l. and f.2.
5. Specific Exemptions: Specific exempt activities are listed in the
following table. If an "X" appears in a box, the listed exemption
applies in the specified critical area and required buffer. If an "X" does
not appear in a box, then the exemption does not apply in the particular
critical area or required buffer. Where utilized in the following table
the term "restoration" means returning the subject area back to its
original state prior to the performance of the exempt activity.
22
ORDINANCE NO. 4835
EXEMPT ACTIVITY Aquifer Flood Geologic Habitat Shore-Wetlands
Protection Hazard Hazard Conserva-lines/
Area Area Area tion Area Streams/
[Res.] Lakes
[Res.]
a. Conservation, Enhancement, Education and Related Activities
1. Natural Resource/Habitat X X X X
Conservation or Preservation:
Conservation or preservation of soil,
water, vegetation, fish and other wildlife.
2. Enhancement activities as defined in X X X X
Chapter 4-11.
3. Approved Restoration/Mitigation: X X X X
Any sensitive area and/or buffer
restoration or other mitigation activities
which have been approved by the City.
b. Research and Site Investigation
1. Education and Research: X X X X
Nondestructive education and research.
2. Site Investigative Work: Site X X X X
investigative work necessary for land use
application submittals such as surveys,
soil logs, percolation tests and other
related activities. Investigative work shall
not disturb any more than five percent
(5%) of the critical area and required
buffer. In every case, impacts shall be
minimized and disturbed areas shall be
immediately restored at a 1: 1 ratio.
c. Agricultural, Harvesting, Vegetation Management
1. Harvesting Wild Foods: The X X X X
harvesting of wild foods in a manner that
is not injurious to natural reproduction of
such foods and provided the harvesting
does not require tilling of soil, planting of
crops or alteration of the critical area.
2. Existing/Ongoing Agricultural X X X X
Activities: Existing and ongoing
agricultural activities including farming,
horticulture, aquaculture and/or irrigation.
Activities on areas lying fallow as part of a
conventional rotational cycle are part of
an ongoing operation. Activities which
bring a critical area into agricultural use
are not part of an ongoing operation. An
operation ceases to be ongoing when the
area on which it was conducted has been
converted to another use or has lain idle
so long that modifications to the
hydrological regime are necessary to
resume operations.
8. Dead or Diseased Trees: Removal of X X X X
dead, terminally diseased, damaged, or
dangerous ground cover or trees which
have been certified as such by a forester,
registered landscape architect, or certified
arborist, selection of which to be approved
by the City based on the type of
information required, or the City prior to
their removal. Allowed in habitat
conservation areas and wetlands when
approved by the State Department of Fish
and Wildlife, where applicable.
23
ORDINANCE NO. 4835
d. Surface Water
1. New Surface Water Discharges: X X
New surface water discharges to wetland
Categories 1 , 2 and 3, or buffers of
Categories 1 , 2 and 3, and to streams or
lakes from detention facilities, pre-
settlement ponds or other surface water
management structures; provided, the
discharge meets the requirements of the
Storm and Surface Water Drainage
Regulations (RMC 4-6-030), will not result
in significant changes in the water
temperature or chemical characteristics of
the wetland or stream/lake water sources
and, there is no increase in the existing
rate of flow unless it can be demonstrated
that the change in hydrologic regime
would result in greater wetland or
shoreline/stream/lake functions and
values. Where differences exist between
these regulations and RMC 4-6-030,
these regulations will take precedence.
2. Regional Stormwater Facilities: X X
Regional stormwater management
facilities to be operated and maintained
under the direction of the City Storm
Water Utility that are proposed and
designed consistent with the Washington
State Department of Ecology Wetlands
and Stormwater Management Guidelines.
For Habitat Conservation Areas, this
exemption applies only to Category 1
wetlands
3. Flood Hazard Reduction: X
Implementation of public flood hazard
reduction and public surface water
projects, where habitat enhancement and
restoration at a 1:1 ratio are provided, and
appropriate Federal and/or State
authorization has been received.
e. Roads, Parks Publtc and Private Utilities:
1. Relocation of Existing Utilities Out of X X X X
critical Area and Buffer: Relocation out of
critical areas and required buffers of
natural gas, cable, communication,
telephone and electric facilities, lines,
pipes, mains, equipment and
appurtenances, (not including
substations), with an associated voltage
of fifty five thousand (55,000) volts or less,
only when required by a local
governmental agency, and with the
approval of the City. Disturbed areas shall
be restored at a 1: 1 ratio.
24
ORDINANCE NO. 4835
2. Existing Parks, Trails, Roads, X X X
Facilities, and Utilities-Maintenance,
Operation, Repair: 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, critical area and required
buffer impacts shall be minimized and
disturbed areas shall be restored during
and immediately after the use of
construction eQuipment.
3. Utilities, Traffic Control, Walkways, X X X
Bikeways Within Existing, Improved Right-
of-Way: Within existing and improved
public road rights of way, installation,
construction, replacement, operation or
alteration of all natural gas, cable,
communication, telephone and electric
facilities, lines pipes, mains, equipment or
appurtenances, traffic control devices,
illumination, walkways and bikeways. If
activities exceed the existing improved
area or the public right-of-way, this
exemption does not apply.
4. Modification of Existing Utilities and X X X
Streets by 10% or Less: Overbuilding
(enlargement beyond existing project
needs) or replacement of existing utility
systems and replacement and/or
rehabilitation of existing streets, provided
the work does not increase the footprint of
the structure, line or street by more than
ten percent (10%) within the critical area
and/ or buffer areas.
5. Vegetation Management/Essential X X X X
Tree Removal for Public or Private
Utilities, Roads, and Public Parks:
Maintenance activities, including routine
vegetation management and essential
tree removal, for public and private
utilities, road rights of way and
easements, and parks.
f. Wetland Disturbance, Modification and Removal
1. Any Activity in Small Category 2 X
Wetland: Any activity affecting a single,
hydrologically isolated Category 2 wetland
no greater than two thousand two
hundred (2,200) square feet.
2. Any Activity in Small Category 3 X
Wetlands: Any activity affecting
hydrologically isolated Category 3 wetland
no greater than five thousand (5,000)
square feet.
25
ORDINANCE NO.
3. Temporary Wetland Impacts:
Temporary disturbances of a wetland due
to construction activities that do not
include permanent filling may be
permitted provided that there are no
permanent adverse impacts to the critical
area or required buffer, and areas
temporarily disturbed are restored at a 1:1
ratio. Category 1 wetlands and Category
2 forested wetlands shall be enhanced at
a 2:1 ratio in addition to being restored.
For Habitat Conservation Areas, this
exemption applies only to Category 1
wetlands
4835
g. Maintenance and Construction -Existing Uses and Facilities:
1. Remodeling, Replacing, Removing X
Existing Structures, Facilities, and
Improvements: Remodeling, restoring,
replacing or removing structures, facilities
and other improvements in existence on
the date this section becomes effective
and that do not meet the setback or buffer
requirements of this section provided the
wolk complies with the criteria in RMC 4-
10-01 O.G, Non Conforming Activities,
2. Maintenance and Repair -Any X
Existing Public or Private Use: Normal
and routine maintenance and repair of
any existing public or private uses and
facilities where no alteration of the critical
area and required buffer or additional fill
materials will be placed. The use of
heavy construction equipment shall be
limited to utilities and public agencies that
require this type of equipment for normal
and routine maintenance and repair of
existing utility or public structures and
rights of way. In every case, critical area
and required buffer impacts shall be
minimized and disturbed areas shall be
restored during and immediately after the
use of construction equipment.
3. Modification of an Existing Single X
Family Residence: Construction activity
connected with an existing single-family
residence and/or garage provided that the
wor1< does not increase the footprint of the
structure lying within the critical area or
buffer, and provided that no portion of the
new work occurs closer to the critical area
or required buffers than the existing
structure unless the structure or addition
can meet required buffers. Existing, new
or rebuilt accessory structures associated
with single-family lots such as fences,
gazebos, storage sheds, play houses are
exempt from this section.
4. Existing Activities: Existing activities X X
which have not been changed, expanded
or altered, provided they comply with the
applicable requirements of Chapter 4-1 0
26
X X
X X
X X
X X
X X
ORDINANCE NO. 4835
2
h. Em Activities:
1. Emergency Activities; Emergency ~ ~ ~ ~
activities are those which are undertaken
to correct emergencies that threaten the
public health, safety and welfare pursuant
to the criteria in RMC 4-3-0SO.C.?.b. An
emergency means that an action must be
undertaken immediately or within a time
frame too short to allow full compliance
with this section, to avoid an immediate
threat to public health or safety, to prevent
an imminent danger to public or private
property, or to prevent an imminent threat
of serious environmental degradation.
2. Emergency Tree/Ground Cover X X X X
Removal by Agency or Utility: Removal of
trees and/or ground cover by any City
department or agency and/or public or
private utility in emergency situations
involving immediate danger to life or
property, substantial fire hazards, or
interruption of services provided by a
utility.
3. Emergency Activities in Aquifer
Protection Area [Reserved]
27
ORDINANCE NO. 4835
3
i. Activities in Critical Area Buffers:
1. Trails and Open Space: Walkways X X X
and trails, and associated open space in
critical area buffers located on public
property, or where easements or
agreements have been granted for such
purposes on private property. All of the
following criteria shall be met.
i. The trail, walkway, and associated
open space shall be consistent with the
Comprehensive Parks, Recreation, and
Open Space Master Plan. The City
may allow private trails as part of the
approval of a site plan, subdivision or
other land use permit approvals.
ii. Trails and walkways shall be located
in the outer half of the buffer, i.e. the
portion of the buffer that is farther away
from the critical area. Exceptions to this
requirement may be made for:
-Trail segments connecting to
existing trails where an
alternate alignment is not
practical.
-Public access points to water
bodies spaced periodically
along the trail.
iii. Enhancement of the buffer area
is required where trails are located in
the buffer.
iv. Trail widths shall be a maximum
width of twelve ( 12) feet.
2. Stormwater Management Facilities in X X
Buffer: Stormwater management facilities
in critical area buffers including
stormwater dispersion outfall systems
designed to minimize impacts to the buffer
and wetland where the site topography
requires their location within the buffer to
allow hydraulic function, provided the
standard buffer zone area associated with
the wetland classification is retained
pursuant to RMC 4-3-050.M.6.c., and is
sited to reduce impacts between wetland
and surrounding activities. For Habitat
Conservation Areas, this exemption
applies only to Category 1 wetlands
28
ORDINANCE NO. _4_8_3 _5 __
6. Prohibited Activities: Prohibited activities are identified below for each
critical area governed by this section.
a. General -All Critical Areas: No action shall be taken by any
person, company, agency, or applicant which results in any
alteration of a critical area except as consistent with the purpose,
objectives, and requirements of this section.
b. Prohibited Activities -Flooding: Encroachments, including fill,
new construction, substantial improvements, and construction or
reconstruction of residential structures is prohibited within
designated floodways, unless it meets the provisions of RMC 4-3-
050.!.4., Additional Restrictions within Floodways.
c. Prohibited Activities -Shorelines, Streams and Lakes:
[Reserved]
d. Prohibited Activities -Wetlands: Grazing of animals 1s not
allowed within a wetland or its buffer.
7. Temporary Emergency Exemption Procedure:
a. Temporary Emergency Exemption Purpose: Temporary
emergency exemptions shall be used only in extreme cases and
not to justify poor planning by an agency or applicant.
b. Temporary Emergency Exemption Review Authority and
Decision Criteria: Issuance of an emergency permit by the City
does not preclude the necessity to obtain necessary approvals from
appropriate Federal and State authorities. Notwithstanding the
provisions of this section or any other City laws to the contrary, the
Department Administrator may issue a temporary emergency
exemption letter if the action meets the following requirements:
(1) An unacceptable threat to life or severe loss of property
will occur if an emergency permit is not granted; and
(2) The anticipated threat or loss may occur before a permit
can be issued or modified under the procedures otherwise
required by this section and other applicable laws.
(3) Any emergency exemption letter granted shall incorporate,
to the greatest extent practicable and feasible but not
inconsistent with the emergency situation, the standards
and criteria required for nonemergency activities under this
section.
c. Temporary Emergency Exemption Letter Process and Timing:
The emergency exemption shall be consistent with the following
procedural and time requirements:
(1) Time Limits: The emergency shall be limited in duration
to the time required to complete the authorized emergency
29
ORDINANCE NO. 4 8 3 5
activity, provided that no emergency permit be granted for
a period exceeding ninety (90) days except as specified in
RMC 4-3-050.C. 7.c.ii. below.
(2) Restoration Required: Require, within the ninety (90)
day period, the restoration of any critical area altered as a
result of the emergency activity, except that if more than
ninety (90) days from the issuance of the emergency permit
is required to complete restoration, the emergency permit
may be extended to complete this restoration. For the
purposes of this paragraph, restoration means returning the
affected area to its state prior to the performance of the
emergency activity.
(3) Public Notice Required: Notice of the issuance of the
emergency permit and request for public comments shall be
posted at the affected site(s) and City Hall no later than ten
(10) days after the issuance of the emergency permit. If
significant comments are received, the City may reconsider
the permit.
(4) Expiration of Exemption Authorization: The emergency
exemption authorization may be terminated at any time
without process upon a determination by the Department
Administrator that the action was not or is no longer
necessary to protect human health or the environment.
8. Non-Conforming Activities or Structures: Regulated activities legally
in existence prior to the passage of this section, but which are not in
conformity with the provisions ofthis section are subject to the provisions
ofRMC 4-10-0lO.G, "Nonconforming Activities".
D. ADMINISTRATION AND INTERPRETATION:
1. General Provisions-All Critical Areas:
a. Duties of Administrator: The Planning/Building/Public Works
Administrator, (the Department Administrator) or his/her duly
authorized representative, shall have the power and authority to
enforce the provisions of this section. For such purposes he/she
shall have the power of a law enforcement officer.
b. Interpretation: The Department Administrator shall have the
power to render interpretations of this section and to adopt and
enforce rules and regulations supplemental to this section as he/she
may deem necessary in order to clarify the application of the
provisions of this Code. Such interpretations, rules and regulations
shall be in conformity with the intent and purpose ofthis section.
c. Compliance: Unless specifically exempted by this section, the
City shall not grant any approval or permit any regulated activity
30
ORDINANCE NO. 4835
-----
m a critical area or associated buffer pnor to fulfilling the
requirements of this section.
d. Reviewing Official: Wherever referenced in this section,
Reviewing Official refers to the decisionmak:ing official or body
authorized to grant permit approval for an activity.
2. Aquifer Protection [Reserved)
3. Flood Hazards:
a. Duties and Responsibilities of the Department Administrator
or Designee: The duties of the Department Administrator or
his/her designee shall include, but not be limited to:
(1) Review all development permits to determine that the
permit requirements of this section have been satisfied; and
(2) Review all development permits to determine that all
necessary permits have been obtained from those Federal,
State or local governmental agencies from which prior
approval is required; and
(3) Review all development permits to determine if the
proposed development is located in the floodway. If
located in the floodway, to assure that the encroachment
provisions of RMC 4-3-050.1.4., Additional Restrictions
within Floodways, are met; and
( 4) Use of Other Base Flood Data: When base flood
elevation data has not been provided in accordance with
RMC 4-3-050.B.3.c, Mapping and Documentation, the
Department Administrator or designee shall obtain, review,
and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other
source, in order to administer RMC 4-3-050.1.3, Specific
Standards, and RMC 4-3-050.1.4. Additional Restrictions
Within Floodways.
b. Information to Be Obtained and Maintained: The Department
Administrator or his/her designee shall obtain and maintain the
following information:
(1) Record Required: Where base flood elevation data is
provided through the flood insurance study or required as
in RMC 4-3-050.D.3.a.iv, Use of Other Base Flood Data,
the applicant shall obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures,
and whether or not the structure contains a basement.
(2) Elevations and Certificates: For all new or substantially
improved floodproofed structures:
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ORDINANCE NO. 4835
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• The applicant shall verify and record the actual elevation (in
relation to mean sea level), and
• The Department Administrator or his/her designee shall maintain
the floodproofing certifications required in RMC 4-8-120-D.6,
Flood Hazard Data; and
• Flood elevation certificates shall be submitted by an applicant to
the Development Services Division prior to the building fmished
floor construction. Finished floor elevation should be verified by a
pre-construction elevation certificate at the time of construction of
a substantial structural element of the finished floor (i.e.
foundation form for the concrete floor). An as-built elevation
certificate will be provided prior to issuance of fmal occupancy,
and the certificates shall be maintained by the Department
Administrator or designee.
(3) Public Records: The Department Administrator or his/her
designee shall maintain for public inspection all records
pertaining to the provisions of the flood hazard regulations
(e.g. elevation certificates, notification of
alteration/relocation of watercourses, flood hazard
regulation variances).
c. Alteration of Watercourses: The Department Administrator, or
his/her designee shall:
(1) Notice Required: Notify adjacent communities and the
State of Washington Department of Ecology prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance
Administration.
(2) Maintenance: Require that maintenance is provided
within the altered or relocated portion of said watercourse
so that the flood carrying capacity is not diminished. The
City may require covenants, or other mechanisms to ensure
maintenance.
d. Interpretation of Firm Boundaries: The Department
Administrator, or his/her designee, shall make interpretations
where needed, as to exact location of the boundaries ofthe areas of
special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
RMC 4-1-050.F, Hearing Examiner, and RMC 4-8-110, Appeals).
e. Record Required: The Department Administrator, or his/her
designee, shall maintain the records of all appeal actions and
32
ORDINANCE NO. 4 8 3 5
report any variances to the Federal Insurance Administration upon
request.
4. Review Authority
a. Review Authority-General: The Department Administrator or
his/her designee is authorized to make the following administrative
allowances and determinations:
(1) Issue a critical areas permit for proposals not otherwise
requiring a development permit per RMC 4-3-050.C.3.,
Finding of Conformance Required.
(2) Issue written letters of exemption pursuant to RMC 4-3-
050.C.4.
(3) Allow temporary emergency exemptions per RMC 4-3-
050.C.7.
( 4) Interpret Geologic Hazards, Habitat Conservation, and
Wetlands regulations per RMC 4-3-0SO.D.l.b.
(5) Approve the use of alternates in accordance with RMC 4-3-
0SO.N.l and RMC 4-9-250.E.
(6) Waive report content or submittal requirements per RMC
4-3-050.F.6.
(7) Grant administrative variances, except for Flood Hazard
regulation variances, per RMC 4-9-250.B.
(8) Require tests for proof of compliance per RMC 1-3-l.E. 7.
(9) Grant modifications and administrative variances, per RMC
4-3-0SO.N.
b. Review Authority -Geologic Hazards, Habitat Conservation,
Shorelines, Streams and Lakes, and Wetlands. The Department
Administrator is authorized to make the following administrative
allowances and determinations:
(1) Geologic Hazards
• Waive independent review of geotechnical reports per RMC 4-
3-050.J.3.
• Increase or decrease required buffer for Very High Landslide
Hazard areas per RMC 4-3-050.J.7.b.
• Waive Coal Mine Hazard reports per RMC 4-3-050.J.8.
• Grant a modification for created slopes per RMC 4-3-050.N.2.
(2) Habitat Conservation
• Waive habitat/wildlife assessment reports per RMC 4-3-
050.K.2.
33
ORDINANCE NO. 4 8 3 5
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(3) Shorelines, Streams and Lakes [Reserved]
(4) Wetlands.
• Waive wetland study requirement per RMC 4-3-050.M.3.b.
• Determine whether wetlands are unregulated per RMC 4-3-
050.M.l.a and b.
• Extend the valid period of a wetland delineation pursuant to
RMC 4-3-050.M.4.d.
• Approve proposals for buffer width reductions of up to 25% in
accordance with the review criteria stated in RMC 4-3-
050.M.6.e.
• Approve proposals for buffer width averaging pursuant to the
standards and criteria stated in RMC 4-3-050.M.6.f.
• Authorize other category level for created or restored wetlands
per RMC 4-3-050.M.ll.c.
• Release wetland maintenance assurity devices per RMC 4-3-
050.M.17.a.
• Waive requirements of this section upon determination that all
impacts on wetlands would be mitigated as part of an approved
area-wide wetlands plan that, when taken as a whole over an
approved schedule or staging of plan implementation, will
meet or exceed the requirements ofthis section (see RMC 4-3-
050.M.9).
5. Authority to Approve, Condition, or Deny -General: Based upon site
specific review and analysis, the Reviewing Official or his/her designee
may approve, condition, or deny a proposal.
6. Authority to Approve, Condition, or Deny -Shorelines, Streams and
Lakes: [Reserved]
E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED
ALTERATIONS
1. Performance Standards: The performance standards for each critical
area are specified in Subsections RMC 4-3-0SO.G toM. The standards are
minimum standards.
2. Protection of Critical Areas: Critical areas and any associated buffers
shall be avoided, and undisturbed, unless alterations are permitted in
accordance with the requirements of this section.
3. Allowed Alterations: Critical areas may be altered by authorized exempt
activities, alterations specifically allowed in RMC 4-3-050.0 to M and
subject to listed criteria, or through approval of modifications or variances.
F. SUBMITTAL REQUIREMENTS AND FEES:
34
ORDINANCE NO. 4835
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1. Applicability: When a regulated critical area or associated buffer is
identified, the following procedures apply.
2. Preapplication Consultation: Any person intending to develop
properties known or suspected to have critical areas present is strongly
encouraged to meet with the appropriate City department representative
during the earliest possible stages of project planning before major
commitments have been made to a particular land use and/or project
design. Effort put into a preapplication consultation and planning will
help applicants create projects which will be more quickly and easily
processed due to a better understanding on the part of applicants of
regulatory requirements.
3. Plans Required: When an application is submitted for any building
permit or land use review and/or to obtain approval of a use, development
or construction, the location of the critical areas and buffers on the site
shall be indicated on the plans submitted based upon an inventory
provided by a qualified specialist.
4. Submittal Requirements: See Chapter 4-8 of this Title.
5. Fees: See RMC 4-1-170.
6. Waiver of Submittal or Procedural Requirements: The Department
Administrator may waive any of the requirements of this subsection if the
size and complexity of the project does not warrant a step in the
proceeding.
G. NATIVE GROWTH PROTECTION AREAS
1. When Required: A Native Growth Protection Area may be required by
RMC 4-3-050.H toM in order to protect a critical area from any proposed
development for a non-exempt activity.
2. Standards:
a. Trees and ground cover shall be retained in designated Native
Growth Protection Areas.
b. Activities allowed in a Native Growth Protection Areas shall be
consistent with applicable Critical Area Regulations.
c. The City may require enhancement of Native Growth Protection
Areas to improve functions and values, reduce erosion or landslide
potential, or to meet another identified purpose of this section or of
Critical Area Regulations.
3. Method of Creation: Native growth protection areas shall be established
by one of the following methods, in order of preference:
a. Conservation Easement: The permit holder shall, subject to the
City's approval, convey to the City or other public or nonprofit
35
ORDINANCE NO. _4 _8 _35 __ _
entity specified by the City, a recorded easement for the protection
of the critical area and/or its buffer;
b. Protective Easement: The permit holder shall establish and
record a permanent and irrevocable easement on the property title
of a parcel or tract of land containing a critical area and/or its
buffer created as a condition of a permit. Such protective easement
shall be held by the current and future property owner, shall run
with the land, and shall prohibit development, alteration, or
disturbance within the easement except for purposes of habitat
enhancement as part of an enhancement project which has received
prior written approval from the City, and from any other agency
with jurisdiction over such activity."
c. Tract and Deed Restriction: The permit holder shall establish
and record a permanent and irrevocable deed restriction on the
property title of any critical area management tract or tracts created
as a condition of a permit. Such deed restriction(s) shall prohibit
development, alteration, or disturbance within the tract except for
purposes of habitat enhancement as part of an enhancement project
which has received prior written approval from the City, and from
any other agency with jurisdiction over such activity."
4. Marking During Construction: The location of the outer extent of the
critical area buffer and areas not to be disturbed pursuant to an approved
permit shall be marked with barriers easily visible in the field to prevent
unnecessary disturbance by individuals and equipment during the
development or construction of the approved activity.
5. Signage Required: The common boundary between a native growth
protection area and the adjacent land must be permanently identified. This
identification shall include permanent wood or metal signs on treated or
metal posts. Sign locations and size specifications shall be approved by
the City. Suggested wording is as follows: "Protection of this natural area
is in your care. Alteration or disturbance is prohibited by law .. "
36
ORDINANCE NO. 4 8 3 5
6. Responsibility for Maintenance: Responsibility for maintaining the
native growth protection easements or tracts shall be held by a
homeowners association, adjacent lot owners, the permit applicant or
designee, or other appropriate entity, as approved by the City.
7. Maintenance and Maintenance Note Required: The following note
shall appear on the face of all plats, short plats, PUDs, or other approved
site plans containing separate native growth protection easements or tracts,
and shall also be recorded as a covenant running with the land on the title
of record for all affected lots on the title: "MAINTENANCE
RESPONSIBILITY: All owners of lots created by or benefiting from this
City action abutting or including a native growth protection easement
[tract] are responsible for maintenance and protection of the easement
[tract]. Maintenance includes insuring that no alterations occur within the
tract and that all vegetation remains undisturbed unless the express written
authorization of the City has been received."
H. AQUIFER PROTECTION: [Reserved]
I. FLOOD HAZARDS:
1. Applicability: In addition to General Standards of RMC 4-3-050.E, the
following regulations apply in all areas of special flood hazard.
2. General Standards: In all areas of special flood hazards, the following
standards are required:
a. Anchoring--All New Construction: All new construction and
substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement ofthe structure.
b. Anchoring--Manufactured Homes: All manufactured homes
must likewise be anchored to prevent flotation, collapse or lateral
movement, and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are
not limited to, use of over-the-top or frame ties to ground anchors
(Reference FEMA's Manufactured Home Installation in Flood
Hazard Areas guidebook for additional techniques).
c. Construction Materials and Methods:
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that minimize
flood damage.
(3) Electrical, heating, ventilation, plumbing, and air-
conditioning equipment and other service facilities shall be
designed and/or otherwise elevated or located so as to
37
ORDINANCE NO. 4 8 3 5
prevent water from entering or accumulating within the
components during conditions of flooding.
d. Utilities:
(1) Water: All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of
flood waters into the system;
(2) Sewer: New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of
flood waters into the systems and discharge from the
systems into flood waters; and
(3) Waste Disposal: On-site waste disposal systems shall be
located to avoid impairment to them or contamination from
them during flooding.
e. Subdivision Proposals:
( 1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
(4) All subdivision proposals shall show the flood hazard
information and boundary on the subdivision drawing
including the nature, location, dimensions, and elevations
of the subdivided area.
f. Project Review:
(1) Building Permits: Where elevation data is not available
either through the flood insurance study or from another
authoritative source, i.e., RMC 4-3-050.D.3.a.iv.,
applications for building permits shall be reviewed to
assure that proposed construction will be reasonably safe
from flooding. The test of reasonableness is a local
judgment and includes use of historical data, high water
marks, photographs of past flooding, etc., where available.
Failure to elevate at least two feet (2') above grade in these
zones may result in higher insurance rates.
(2) Land Use Applications: Where base flood elevation data
has not been provided or is not available from another
authoritative source, it shall be generated for subdivision
proposals and other proposed developments which contain
at least fifty (50) lots or five (5) acres (whichever is less).
38
ORDINANCE NO. 4 8 3 5 ------
3. Specific Standards. In all areas of special flood hazards where base flood
elevation data has been provided as set forth in RMC 4-3-050.B.3.c,
Mapping and Documentation, or RMC 4-3-050.D.3.a.iv, Use of Other
Base Flood Data, where such data provides flood elevations that exceed
the regulatory standards in the FEMA flood insurance study, the
following provisions are required:
a. Residential Construction:
(1) New construction and substantial improvement of any
residential structure shall have the lowest floor, including
basement, elevated a minimum of one foot above base
flood elevation.
(2) Fully enclosed areas below the lowest floor that are subject
to flooding are prohibited, or shall be designed to
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
certified by a registered professional engineer or architect
or must meet or exceed the following minimum criteria:
- A minimum of two (2) openings having a total net area of not
less than one square inch for every square foot of enclosed area
subject to flooding shall be provided; and
-The bottom of all openings shall be no higher than one foot ( 1 ')
above grade; and
Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
b. Manufactured Homes: All manufactured homes to be placed or
substantially improved within Zones A1-30, AH, and AE shall be
elevated on a permanent foundation such that the lowest floor of
the manufactured home is a minimum of one foot above the base
flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of
RMC 4-3-050.1.2.b, Anchoring-Manufactured Homes. This
section applies to manufactured homes to be placed or
substantially improved in an expansion to an existing
manufactured home park or subdivision. This section does not
apply to manufactured homes to be placed or substantially
improved in an existing manufactured home park or subdivision
except where the repair, reconstruction, or improvement of the
streets, utilities and pads equals or exceeds fifty percent (50%) of
the value of the streets, utilities and pads before the repair,
reconstruction, or improvement has commenced.
39
ORDINANCE NO. 4 8 3 5 ------
c. Nonresidential Construction: New construction and substantial
improvement of any commercial, industrial or other nonresidential
structure shall have the lowest floor, including basement, elevated
a minimum of one foot above the level of the base flood elevation;
and together with attendant utility and sanitary facilities, shall:
( 1) Be flood proofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water;
(2) Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
(3) Be certified by a registered professional engineer or
architect that the design and methods of construction are in
accordance with accepted standards of practice for meeting
provisions of this subsection based on their development
and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the Building
Official;
( 4) Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space
below the lowest floor as described in RMC 4-3-
050.I.3.a.ii.
( 5) Applicants floodproofmg nonresidential buildings shall be
notified that flood insurance premiums will be based on
rates that are one foot (1 ') below the floodproofed level
(e.g., a building constructed to one foot above the base
flood level will be rated at the base flood level).
4. Additional Restrictions within Floodways: Located within areas of
special flood hazard established in RMC 4-3-050.B.3.c, Flood Hazards:
Mapping & Documentation, are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles, and erosion potential, the
following provisions apply:
a. Increase in Flood Levels Prohibited: Encroachments, including
fill, new construction, substantial improvements, and other
development are prohibited unless certification by a registered
professional engineer is provided demonstrating that:
( 1) Encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge;
and
(2) There are no adverse impacts to the subject property or
abutting or adjacent properties; and
(3) There are no higher flood elevations upstream; and
40
ORDINANCE NO. 4 8 3 5 ------
(4) The impact due to floodway encroachment shall be
analyzed using future land use condition flows.
(5) IfRMC 4-3-050.1.4.a. is satisfied, all new construction and
substantial improvements shall comply with all applicable
flood hazard reduction provisions of this section.
b. Residential Construction in Floodways: Construction or
reconstruction of residential structures is prohibited within
designated floodways, except for:
(1) repairs, reconstruction, or improvements to a structure
which do not increase the ground floor area; and
(2) repairs, reconstruction or improvements to a structure, the
cost of which does not exceed fifty percent (50%) of the
market value of the structure either, a) before the repair,
reconstruction, or repair is started, or b) if the structure has
been damaged, and is being restored, before the damage
occurred. Work done on structures to comply with existing
health, sanitary, or safety codes or to structures identified
as historic places shall not be included in the fifty percent
(50%).
5. Compensatory Storage:
a. Compensatory Storage Required: Development proposals and
other alterations shall not reduce the effective base flood storage
volume of the floodplain. If grading or other activity will reduce
the effective storage volume, compensatory storage shall be
created on the site or off the site if legal arrangements can be made
to assure that the effective compensatory storage volume will be
preserved over time. Compensatory storage shall be configured so
as not to trap or strand salmonids after flood waters recede and
may be configured to provide salmonid habitat or high flow refuge
whenever suitable site conditions exist and the configuration does
not adversely affect bank stability or existing habitat.
b. Additional Requirements -Springbrook Creek: The higher of
the City hydrologic and hydraulic model results for the 1 00-year
future land use conveyance and storage events shall be used by the
City to determine the volume of compensatory storage required for
filling within the 1 00-year flood zone of Springbrook Creek.
(1) An exception to this requirement shall apply where the
Federal Emergency Management Agency (FEMA) defined
1 00-year flood zone is lower than the City model results for
the 1 00-year future land use conveyance event.
(2) Under the exception, the lower FEMA floodplain elevation
shall be used. The exception only applies for the reach of
41
ORDINANCE NO. 4 8 3 5
Springbrook Creek between SW 43rd Street and Oakesdale
A venue near SW 41st Street.
c. Determining Finished Floor Elevations According to FEMA:
Although City model results will apply to compensatory storage
requirements, the FEMA 1 00-year flood plain elevations shall be
used to establish building fmished floor elevations to comply with
other National Flood Insurance Program requirements.
J. GEOLOGIC HAZARDS:
1. Applicability: In addition to the General Standards of RMC 4-3-050.E,
the following performance standards, RMC 4-3-050.1.2.-1.8., apply to all
regulated geologic hazard areas, unless the subsection clearly identifies
that the standard applies only to a specific geologic hazard category.
Multiple performance standards may apply to a site feature, for example
steep slope, landslide and erosion hazards, based upon overlapping
classification systems.
2. Special Studies Required: Whenever a proposed development requires a
development permit and a geologic hazard is present on the site of the
proposed development or on abutting or adjacent sites within 50 feet of the
subject site, geotechnical studies by qualified professionals shall be
required. Specifically, geotechnical studies are required for developments
proposed on sites with any of the following geologic hazards:
a. Sensitive and protected slopes;
b. Medium, high, or very high landslide hazards;
c. High erosion hazards;
d. High seismic hazards;
e. Medium or high coal mine hazards.
3. Independent Secondary Review:
a. Required: Sensitive and Protected Slopes, and Medium, High,
or Very High Landslide Hazards: All geotechnical reports
submitted in accordance with RMC 4-3-050.1.2, Special Studies
Required, and Chapter 4-8, Permits & Decisions, shall be
independently reviewed by qualified specialists selected by the
City, at the applicant's expense. An applicant may request that
independent review be waived by the Department Administrator in
accordance with RMC 4-3-050.D.4.b., Review Authority -
Geologic Hazards, Habitat Conservation, Shorelines, Streams and
Lakes, and Wetlands.
b. At City's Discretion: High Erosion, High Seismic, Medium
Coal Mine, or High Coal Mine Hazards: The City may require
independent review of an applicant's geotechnical report by
qualified specialists selected by the City, at the applicants expense.
42
ORDINANCE NO. 4835
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4. Conditions of Approval: Conditions of approval may modify the
proposal, including, but not limited to, construction techniques, design,
drainage, project size/configuration, or seasonal constraints on
development. Additional possible conditions may be listed under the
performance standards for each hazard type .. Upon review of geotechnical
studies, the development permit shall be conditioned to mitigate adverse
environmental impacts and to assure that the development can be safely
accommodated on the site and is consistent with the purposes of this
section.
5. Protected Slopes:
a. Prohibited Development: Development is prohibited on
protected slopes. This restriction is not intended to prevent the
subdivision or development of property that includes 40% or
greater slopes on a portion of the site, provided there is enough
developable area elsewhere to accommodate building pads.
b. Exceptions Through Modification: Exceptions to the prohibition
may be granted for:
( 1) Filling against the toe of a natural rock wall or rock wall, or
protected slope created through mineral and natural
resource recovery activities or public or private road
installation or widening and related transportation
improvements, railroad track installation or improvement,
or public or private utility installation activities pursuant to
RMC 4-3-050.N.2, Modifications.
(2) Grading to the extent that it eliminates all or portions of a
mound or to allow recongifuration of protected slopes
created through mineral and natural resource recovery
activities or public or private road installation or widening
and related transportation improvements, railroad track
installation or improvement, or public or private utility
installation activities, pursuant to RMC 4-3-050.N.2,
Modifications.
c. Exceptions Through Variance: Exceptions to the prohibition
may be granted for construction, reconstruction, additions, and
associated accessory structures of a single-family home on an
existing legal lot pursuant to a variance as stated in RMC 4-9-
250.B.l. where there is not enough developable area elsewhere on
the site to accommodate building pads and provide practicable off-
street parking.
d. Exceptions Through Waiver: Exceptions to the prohibition may
be granted for installation of public utilities which are needed to
protect slope stability, and public road widening where all the
following provisions have been demonstrated:
43
ORDINANCE NO. 4 8 3 5
( 1) The utility or road improvement is consistent with the
Renton Comprehensive Plan, adopted Utility Plans, and the
Transportation Improvement Program where applicable.
(2) Alternative locations have been determined to be
economically or functionally infeasible.
(3) A geotechnical evaluation indicates that the proposal will
not increase the risk of occurrence of a geologic hazard,
and measures are identified to eliminate or reduce risks.
Where the excepted activities above are allowed, the erosion
control measures in RMC 4-3-050.1.S, Sensitive Slopes, Medium,
High and Very High Landslide Hazards, and High Erosion
Hazards, shall also apply.
e. Native Growth Protection Areas -Protected Slopes: Unless
development is allowed pursuant to RMC 4-3-050.1.5 a.i., a.ii., or
a.iii, Protected Slopes, those Protected Slopes shall be placed in a
Native Growth Protection Area pursuant to RMC 4-3-050.G, or
dedicated to a conservation organization or land trust, or similarly
preserved through a permanent protective mechanism acceptable to
the City.
£ Conditions of Approval: Based upon the results of the
geotechnical report and independent review, conditions of approval
for developments on sites which include steep slopes may include,
but are not limited to vegetation enhancement, slope stabilization,
buffer zones, or other requirements.
6. Sensitive Slopes; Medium, High and Very High Landslide Hazards;
and High Erosion Hazards: The following standards apply to
development on Sensitive Slopes, Mediurn!High/V ery High Landslide
Hazard areas, and High Erosion Hazard areas:
a. Erosion Control Plans: Development applications shall submit
erosion control plans consistent with RMC 4-3-050.1.2, Special
Studies Required, and Chapter 4-8, Permits and Decisions.
Conditions of Approval: The Reviewing Official may condition
a development proposal to achieve minimal site erosion, including,
but not limited to, timing of construction and vegetation
stabilization, sequencing or phasing of construction, clearing and
grading limits, and other measures.
c. On-site Inspections: During construction, weekly onsite
inspections shall be required at the applicant's expense. Weekly
reports documenting erosion control measures shall be required.
7. Very High Landslide Hazards:
a. Prohibited Development: Development shall not be permitted on
land designated with Very High Landslide Hazards, except by
44
ORDINANCE NO. 4835 ------
variance, administered pursuant to RMC 4-9-250.B.l, tor
construction of a single family home on an existing legal lot.
b. Buffer Requirement: A buffer of fifty feet (50') shall be
established from the top, toe and sides of a Very High Landslide
Hazard area. The Department Administrator may increase or
decrease the required buffer based upon the results of a
geotechnical report, and any increase or decrease based upon the
results of the geotechnical study shall be documented in writing
and included with the project approval.
c. Native Growth Protection Area -Very High Landslide
Hazards: The landslide hazard area shall be placed in a native
growth protection area pursuant to RMC 4-3-0SO.G, or dedicated
to a conservation organization or land trust, or similarly preserved
through a permanent protective mechanism acceptable to the City.
Based upon the results ofthe geotechnical study, the butTer may be
placed in a native growth protection area, or it may be designated
as a "no build" easement, or the area may be designated in part, a
native growth protection area and in part, a "no build" easement.
8. Coal Mine Hazards:
a. Medium Hazard -Report Required: Reports consistent with
RMC 4-4-050.1.2, special Studies Required, and Chapter 4-8,
Permits and Decisions, shall be prepared for development
proposed within Medium Coal Mine Hazard areas and for
development proposed within two hundred feet (200') of a
Medium Coal Mine Hazard area. An applicant may request that
the Department Administrator waive the report requirement
pursuant to RMC 4-3-050.D.4.b., Review Authority -Geologic
Hazards, Habitat Conservation, Shorelines, Streams and Lakes,
and Wetlands. where it has been determined through field
documentation that coal mine hazards are not present.
b. High Hazard -Report Required: Reports consistent with RMC
4-3-050.J.2, Special Studies Required, and Chapter 4-8, Permits &
Decisions, shall be prepared for development proposed within
High Coal Mine Hazard areas and for development proposed
within five hundred feet (500') of a High Coal Mine Hazard area.
An applicant may request that the Department Administrator waive
the report requirement pursuant to RMC 4-3-050.D.4.b., Review
Authority -Geologic Hazards, Habitat Conservation, Shorelines,
Streams and Lakes, and Wetlands, where it has been determined
through field documentation that coal mine hazards are not present.
c. Conditions of Approval: Based upon the results of studies
prepared, the City may condition approval of development by
requiring mitigation. Potential mitigation may include, but is not
limited to, backfilling and sealing mine entries and shafts,
45
ORDINANCE NO. 4 8 3 5 ------
backfilling cx1stmg sinkholes, removal or regrading or capping
coal mine waste dumps, limiting development on portions of the
site, or other measures offering equal protection from the hazard.
(1) Additional Engineering Design and Remediation
Specifications: After approval of the mitigation approach
proposed as a result of subsection 8.c above, and prior to
construction, the applicant shall complete engineering
design drawings and specifications for remediation. Upon
approval of the plans and specifications, the applicant shall
complete the remediation. Hazard mitigation shall be
performed by or under the direction of a qualified engineer
or geologist. The applicant shall document the hazard
mitigation by submitting as-builts and a remediation
construction report.
d. Hazards Found During Construction: Any hazards found
during any development activities shall be immediately reported to
the Development Services Division. Any coal mine hazards shall
be mitigated prior to recommencing construction based upon
supplemental recommendations or reports by the applicant's
geotechnical professional.
e. Construction in Areas with Combustion: Construction shall not
be permitted where surface or subsurface investigations indicate
the possible presence of combustion in the underlying scam or
seams, unless the impact is adequately mitigated in accordance
with the recommendations of the applicant's geotechnical
professional.
K. HABITAT CONSERVATION:
1. Applicability: In addition to the General Standards of RMC 4-3-050.E,
the following performance standards, RMC 4-3-050.K.2.K.5., apply to all
non-exempt activities on sites containing critical habitat areas per RMC 4-
3-050.B.5
2. Habitat Assessment Required: Based upon RMC 4-3-050.B.5., Habitat
Conservation. the City shall require a habitat/wildlife assessment to
determine the extent, function and value of the critical habitat when
regulated activities arc proposed which have the potential to cause
significant impacts. In cases where a proposal is not likely to
significantly impact the critical habitat and there is sufficient information
to determine the effects of a proposal, an applicant may request that this
report be waived by the Department Administrator in accordance with
RMC 4-3-050.D.4.b. The City may require independent review of an
applicant's report by qualified specialists selected by the City, at the
applicant's expense.
46
ORDINANCE NO. 4 8 3 5 ------
3. Native Growth Protection Areas: Based on the required habitat
assessment, the Reviewing Official may require critical habitat areas and
their associated buffers be placed in a Native Gro'vvth Protection Area
subject to the requirements of RMC 4-3-0SO.G, or dedicated to a
conservation organization or land trust, or similarly preserved through a
permanent protective mechanism acceptable to the City."
4. Alterations Require Mitigation: If alterations to critical habitat/wildlife
habitat or buffers are proposed, mitigation shall he required by the City.
The applicant shall evaluate alternative methods of developing the
property using the following criteria in this order:
a. A void any disturbances to the habitat.
h. Minimize any impacts to the habitat.
c. Compensate for any habitat impacts.
5. Mitigation Options: In addition to any performance standards or
mitigation required by wetland regulations, additional mitigation may be
determined by the Reviewing Official based upon the consultant report
submitted by the applicant, and/or peer review of the applicant's
consultant report by a qualified professional selected by the City at the
applicant's expense, and/or by information from State or Federal agencies.
a. On-Site Mitigation: Mitigation shall he provided on-site, unless
on-site mitigation is not scientifically feasible due to physical
features of the property. The burden of proof shall he on the
applicant to demonstrate that mitigation cannot he provided on-
site.
h. Off-Site Mitigation: When mitigation cannot be provided on-site,
mitigation shall he provided in the immediate vicinity of the
permitted activity on property owned or controlled by the
applicant, and identified as such through a recorded document such
as an easement or covenant, provided such mitigation is heneficiai
to the habitat area and associated resources.
c. In-Kind Mitigation: In-kind mitigation shall be provided except
when the applicant demonstrates and the City concurs that greater
functional and habitat value can he achieved through out-of:.kind
mitigation.
L. SHORELINES, STREAMS AND LAKES: [Reserved] -Pending issuance of
"4d" Rule by the National Marine Fisheries Service and subsequent Tri-County
Regulatory Response
M. WETLANDS:
1. Applicability: In addition to General Standards of RMC 4-3-0SO.E, the
following performance standards apply to all regulated wetlands.
47
ORDINANCE NO. 4835 ------
a. Regulated and Non-Regulated Wetlands -Genera!: Wetlands
created or restored as a part of a mitigation project are regulated
wetlands. Regulated wetlands do not include those artificial
wetlands intentionally created from non-wetland sites fiu purposes
other than wetland mitigation, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, wastewater treatment facilities, farm pond, and
landscape amenities, or those wetlands created after July 1, 1990
that were unintentionally created as a result of the construction of a
road, street, or highway. The Department Administrator shall
determine that a wetland is not regulated on the basis of
photographs, statements, and other evidence.
b. Non-Regulated Category 3 \Vetlands: Based upon an applicant
request, the Department Administrator may determine that
Category 3 wetlands are not considered regulated wetlands, if the
applicant demonstrates the following criteria are met:
(I) The wetland formed on top of fill legally placed on a
property; and,
(2) The wetland hydrology is solely provided by the
compaction of the soil and fill material; and,
(3) The U.S. Army Corps of Engineers has determined that
they will not take jurisdiction over the wetland.
2. General Standards for Permit Approval: Permit approval by the
Reviewing Official for projects involving regulated wetlands or wetland
buffers shall be granted only if the approval is consistent with the
provisions ofthis section. Additionally, approvals shall only be granted if:
a. A proposed action avoids adverse impacts to regulated wetlands or
their buffers or takes affirmative and appropriate measures to
minimize and compensate for unavoidable impacts; and
b. The proposed activity results in no net loss of regulated wetland
area, value, or function in the drainage basin where the wetland is
located; or
c. Denial of a permit would deny all reasonable use of the property
and a variance process is successfully completed to determine
conditions for permitting of activity requested.
3. Study Required:
a. When Study Is Required: Wetland classifications or delineations
are required as follows:
(1) Wetland Classification: The applicant shall be required to
conduct a study to determine the classification of the
wetland if the subject property or project area is within one
hundred feet (1 00') of a wetland even if the wetland is not
48
ORDINANCE NO. 4 8 3 5 ------
located on the subject property but it is determined that
alterations of the subject property are likely to impact the
wetland in question.
(2) Wetland Delineation: A wetland delineation is required
for any portion of a wetland on the subject property that
will be impacted by the permitted activities.
b. Study \Vaived: The study shall be waived by the Department
Administrator when the applicant provides satisfactory evidence
that a road, building or other barrier exists between the wetland
and the proJX)Sed activity, or when the buffer area needed or
required will not intrude on the applicant's lot.
4. Delineation of Regulatory Edge of Wetlands:
a. Methodology: For the purpose of regulation, the exact location of
the wetland edge shall be determined by the wetlands specialist
hired at the expense of the applicant through the performance of a
field investigation using the procedures provided in the following
manual: Washington State Wetlands Identification and
Delineation Manual, Washington State Department of Ecology,
March 1997, Ecology Publication #96-94.
b. Delineations -Open Water: Where wetlands are contiguous
with areas of open freshwater, streams, or rivers, the delineation
shall be consistent with the Washington State Wetlands Rating
System: Western Washington, Second Edition, Washington State
Department of Ecology, August 1993, Publication #93-74,
Appendix 5, or another accepted Federal or State methodology,
subject to City review.
c. Adjustments to Delineation by City: Where the applicant has
provided a delineation of the wetland edge, the City shall review
and may render adjustments to the edge delineation. In the event
the adjusted edge delineation is contested by the applicant, the City
shall at the applicant's expense, obtain the services of an additional
qualified wetlands specialist to review the original study and
render a final delineation.
d. Period of Validity for Wetland Delineation:
(l) Within City Limits. A final wetland delineation, for
properties within the city limits at the time the delineation
was prepared, is valid for five ( 5) years, unless the
Department Administrator determines that conditions have
changed. The five (5) year validity period shall remain
applicable for projects where complete building permit or
preliminary plat applications have been submitted
regardless of whether conditions have changed. Upon
applicant request, extensions for additional years of validity
49
5.
ORDINANCE NO. 4 8 3 5
may be approved by the Department Administrator if an
application is proceeding in a timely manner through the
perroit process.
(2) Outside City Limits. The period of validity of wetland
delineations h')r properties, vvhich were unincorporated at
the time of the delineation, will be determined by the
Departn1cnt Administiator. F'ollovving a rcYicvv of a
wetland delineation prepared for a unincorporated property,
since annexed into the city, the Department Administrator
may require adjustments be made to the study or a new
study prepared. per RMC 4-3-050M.3., Delineation of
Regulatory Edge of Wetlands.
Determination of Wetland Classification: Wetland studies shall
determine the appropriate wetland classification according to RMC 4-3-
050.B.7, Wetlands. The City may accept a dual wetland classification for
a wetland exhibiting a combination of Category 1 and 2 features or a
combination of Category 1 and 3 features. The City will not accept a dual
rating for a Category 2 wetland, such as a combined Category 2 and 3
rating. Dual ratings for a Categorj 1 wetland shall be consistent with the
Washington State Wetlands Rating System: Western Washington, Second
Edition, Washington State Department of Ecology, August i 993,
Publication #93-74.
6. Wetland Buffers:
a. Buffers Required: Wetland buffer zones shall be required of all
proposed regulated activities adjacent to regulated wetlands. Any
wetland created, restored, or enhanced in conjunction with creation
or restoration as compensation for approved wetland alterations
shall include the standard buffer required for the class of the
weiland being replaced. 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.
b. Measurement of Buffers: All buffers shall be measured from the
wetland boundary as surveyed in the field pursuant to the
requirements ofR-'\1C 4-3-050.M.4.a. Methodology.
c. Standard Buffer Zone Widths: The width of the required
wetland buffer zone shall be determined according to the wetland
category. The buffer zone required for all regulated wetlands is
determined by the classification of the wetland. If standard buffer
widths cannot be met, and buffer reductions per RMC 4-3-
050.M.6.e. and buffer averaging per RMC 4-3-050.M.6.f cannot be
accomplished, a variance to buffer requirements may be requested
per RMC 4-3-0SO.N, Aiternaies, Modifications and Variances, and
4-9-250.B. Variance Procedures.
50
ORDINANCE NO. 4 8 3 5
Wetland Category: Standard Buffer:
Category 1 -Very High 100 feet
Quality
Category 2-High Quality 50 feet
Category 3-Lower Quality 25 feet
d. Increased Wetland Buffer Zone Width: The Environmental
Review Committee may require increased standard buffer zone
widths in unique cases -i.e., endangered species, very fragile
areas, when a larger buffer is necessary to protect wetlands
functions and values. This determination shall be supported by
appropriate documentation provided by the applicant or the City
showing that increased buffers arc reasonably related to protection
of the functions and values of the regulated wetland. Such
determination shall be attached as a condition of project approval
and shall demonstrate that:
( 1) A larger buffer is necessary to maintain viable populations
of existing species; or
(2) The wetland is used by species listed by the Federal or the
State government as threatened, endangered and critical
species and State listed priority species, essential habitat for
those species or has unusual nesting or resting sites such as
heron rookeries or raptor nesting trees or evidence thereof;
or
(3) Nearby lands which drain into the wetland are susceptible
to severe erosion, and erosion control measures will not
effectively prevent adverse wetland impacts; or
(4) Nearby lands which drain into the wetland have minimal
vegetative cover or slopes greater than fifteen percent
(15%).
e. Reduction of Buffer Width: Based upon an applicant's request,
the Department Administrator may approve a reduction in the
standard wetland butter zone widths on a case-by-case basis where
the applicant can demonstrate compliance with subsections "i" or
""ii" below. Such determination and evidence shall be included in
the application file and public notification shall be given by
posting the subject site and City Hall, and notifying parties of
record.
( 1) T·hc adjacent land is extensively vegetated and has less than
fifteen percent ( 15%) slopes and no direct or indirect, short-
term or long-term, adverse impacts to regulated wetlands,
51
ORDINANCE NO. 4 8 3 5
as determined by the City, will result from a regulated
activity. The City's determination shall be based on
specific site studies by recognized experts. The City may
require long-term monitoring of the project and subsequent
corrective actions if adverse impacts to regulated wetlands
are discovered; or
(2) The project includes a buffer enhancement plan using
native vegetation and substantiates that the enhanced buffer
will be equal to or improve the functional attributes of the
buffer. An enhanced buffer shall not result in greater than a
twenty five percent (25%) reduction in the buffer width,
and the reduced buffer shall not he less than twenty five
feet (25') wide. Greater buffer width reductions require
review as a variance per RMC 4-3-050.N.3.
f. Averaging of Buffer Width: Standard wetland butter zones may
be modified by averaging buffer widths. Upon applicant request,
wetland buffer vvidth averaging may be allowed by the Department
Administrator only where the applicant demonstrates all of the
following:
(I) The averaging is necessary to avoid denial of reasonable
usc to the applicant caused by circumstances peculiar to the
property; and
(2) That the wetland contains variations m sensitivity due to
existing physical characteristics; and
(3) That only low impact land uses would be located adjacent
to areas where butTer width is reduced, and that such low
impact land uses arc guaranteed by covenant, deed
restriction, easement or other legally binding mechanism;
and
(4) That width averaging will not adversely impact the wetland
function and values: and
(5) That the total area contained within the wetland buffer after
averaging is no less than that contained within the required
standard buffer prior to averaging.
( 6) In no instance shall the buffer vvidth be reduced by more
than fifty percent (50%) of the standard buffer or be less
than twenty-five feet (25') wide. Greater buffer width
reductions require review as a variance per RMC 4-3-
050.N.3 and PJ'v1C 4-9-250.8.
(7) Buffer enhancement in the areas where the buffer is
reduced may be required on a case-by-case basis where
appropriate to site conditions, wetland sensitivity, and
proposed land development characteristics.
52
ORDINANCE NO. 4 8 3 5 ----
7. Wetlands-Native Crm·'-'th Protection Areas:
a. Protection Area Required: As a condition of any approval issued
pursuant to this section tor any development permit, the property
owner shall be required to create a separate Native Growth
Protection Area containing the areas determined to be wetland
and/or wetland buffer in field investigations performed pursuant to
RMC 4-3-050.M.4, Delineation of Regulatory Edge of Wetlands,
and 5, Determination of Wetland Classification.
b. Establishment: Native Gro\\-1h Protection Areas shali be
established pursuant to RMC 4-3-0SO.G or dedicated to a
conservation organization or land trust, or similarly preserved
through a permanent protective mechanism acceptable to the City.
c. Fencing May Be Required: The City shall require permanent
fencing of the Native Growth Protection Area containing wetlands
and associated buffers when there is a substantial likelihood of the
presence of domestic grazing animals within the development
proposal. The City shall also require as a permit condition that
such fencing be provided if, subsequent to approval of the
development proposal, domestic grazing animals are in tact
introduced.
8. \Vctland Changes -Alternative Methods uf Development: If wetland
changes are proposed for a non-exempt activity, the applicant shall
evaluate alternative methods of developing the property using the
following criteria in this order and provide reasons why a less intrusive
method of development is not feasible. In determining whether to grant
permit approval per RMC 4-3-050M.2., General Standards for Permit
i\.pproval., the Rcvie\ving Official shall make a determination as to
whether the feasibility of less intrusive methods of development have been
I _____ ..~.__I __ -·---L __ ..._ __ 1 ___ I .LL . .L 1. __ ~ . .!._ ·---·--· ·-_.,~L. _1_ l_" _1 ___ t ______ ..~._ __ _ aoequme1y evawmeu auu umL 1ess tmnts!ve rnetnous 01 ueve!OfJIIIem are
not teasible:
a. ,-\void any disturbances to the wetland or buffer;
b. Minimize any wetland or buffer impacts;
c. Restore any wetlands or buffer impacted or lost temporarily; and
d. Compensate fi>r any permanent wetland or huffer impacts by one
ofthe following methods:
(1) Restoring a fi1rmer wetland am! provide buffers at a site
once exhibiting vvetland characteristics to CCH11pensate
wetlands lost;
(2) Creating ne\v vvctlands and buffers for those lost; and
+-:~-.· 1\ II
(1) Tn addition to restoring or creating a \Vetland; enh=-1ncing an
e)(JStulg degraded \vc:tland to COIIlpeilSate lOr lust iililt:tiullS
a11d ·values.
4835
9. Compensating For Wetlands Impacts:
a. Goa!: The overa11 ~!oal or anv comnensatnrv nroiect sha11 he no
b.
c.
rl u.
...._, *' .1_ .I .1_ .J
net loss of \Vetland ftln.ction ~nd acreage and to stri,~e ti;r ~ net
resource glun in \.vet1anJs over present condltlnns. The concept or
.... No net loss 'I) means to create" restore and/or enhance a \vet land so
that there is no reduction to total wet!anJ acreage and/or function.
P!an
prnviJes acquisition,
develop a n!qn
f--'.IU..l.l
constrnct ion .. rnaintenance
rPrort3-f:lfr-.:.
1\o,i\o,il.\o,,UL'-'
+hn.+ i.iiL.ii.
and
as
oossihle the \Vetland heinf' renlaced in terms of l:1crea!le. function.
_.1 ...._, 1 ..._, I '
than.
the original wetlands.
Plan Performance Standan.b: Compensator)~ mitigation shaH
fi1llnw an annroved mitiQatinn nlan nursuan1 to RMC 4-~-050.M.R
.1_ • ...._, 1 1
!\/1.1 0 and shaH meet the t()llovving m1n1n1un1 pcrtOrmancc
stanJards. The annlicant shall: 1 1
( ~ \
I 1 I Demonstrate sutiicient scientific the
capahility, ancl the financial resources tn carry out the
project: and
(2) Den-inns1raic the capiihility fi;r rnonltoring the s;tc and tn
i"' ' 4. ~ '-' ,
the
project fails to meet projected goals; and
1 ana t{;r the
rnailagen;ent,
f"ip., rp ln.nrnp.nf
U'-'"'-'J.V_f"-'J.J.l\o,ilJ.L
of the COiTIDensatinn
1
nr fip.nrr.lrlr:lt;n.n r.1nrl tn
VJ. U\o,i.E:-lt.4UU.l.J.VJ.J. U.J.J.U LV
area lo
persistence of the compensation area; and
Provide tOr project
in sped ions.
I\cceptablc Wtitigation = Permanent '-'letland
. ann
avoid further
fOr
. annua1 { •;t~ .
'-ll.,.
person ___ 1
\Vn<; alters regulated \\-'etlands shaH restore nr create
equivalent areas or greater areas of \>vetla11ds than those altered in
mq'r
lJ.lU.,..Y
1 oe conjunction
\Vith mitig,atlnn proposed to create or restore a \.Vet1and in order tn
n1aintain "no-net-1ossq of \Vetland acreage.
thruug,h 12 JlroviJLs further th.:tail on Vv'C1land restorat1nn, crc~t:nn_
and enhancemenl.
e, Restoration~ Creation~ nr Cnmhined Enhancement Required -
Compensation fUr t>~rmanent Wetland Impacts:
of any Jicrt&ii! a1hi\V'iiig ~:iltcrt-.;tinn nf ;,"\''ctlands and/or \vet1anJ
buffers" or as an entOrcement action the Cit)y shall require that the
aprin~ant engage in the rc:~tnratinn nr crcatlnn nf\vctlands !lncl their
!.. .. 1'+..~ .. {,-.~ h•-'--1:.-. .-. ,-.+fl ....... -.
I n_t I H. I --,. ;: 'i> • ;_!_;IIi_~! i !'~__:: or' ! I!"--_-...L ' '--'
.......
I~
• .................. -•. -.t,,
•• l ;I; r.-it. I~
L
ORDINANCE NO. 4 8 3 5
resulting from the applicant's or violator's actions. Enhancement in
conjunction with restoration or creation may be allowed in order to
offset the impacts resulting from an applicant's actions.
Enhancement is not allowed as compensation for a violator's
actions.
f. Compensating for Temporary Wetland Impacts: Where
wetland disturbance has occurred during construction or other
activities, see RMC 4-3-050.C.5.f.3.
g. Mitigation Bank Agreement -Glacier Park Company:
Pursuant to the Wetland Mitigation Bank Agreement between the
City and the Glacier Park Company, King County recording
number 9206241805, wetland alteration and wetland mitigation
shall be conducted in accordance with the agreement.
10. Wetland Compensation--Restoration, Creation, and Enhancement:
The applicant may propose a mitigation approach that includes restoration
or creation solely or combines restoration or creation with enhancement.
The City may require one mitigation approach in favor of another if it is
determined that:
a. There is a greater probability of success in ensuring no-net-loss of
wetlands acreage, functions, and values; and
b. The mitigation approach can be accomplished on-site rather than
off-site.
11. Wetlands Creation and Restoration.
a. Creation or Restoration Proposals: Any applicant proposing to
alter wetlands may propose to restore wetlands or create new
wetlands, with priority first for on-site restoration or creation and
then second, within the drainage basin, in order to compensate for
wetland losses. Restoration activities must include restoring lost
hydrologic, water quality and biologic functions.
b. Compliance with Goals: Applicants proposing to restore or
create wetlands shall identify how the restoration or creation plan
conforms to the purposes and requirements of this section and
established regional goals of no net loss ofwetlands.
c. Category: Where feasible, created or restored wetlands shall be a
higher category than the altered wetland. In no cases shall they be
lower, except as follows: For impacts to Category 1 shrub-scrub
and emergent wetlands, if it is infeasible to create or restore a site
to become a Category 1 wetland, the Administrator may allow for
creation/restoration of high quality Category 2 wetlands at 150%
of the normally required creation/replacement ratios of Category 1
shrub-scrub or emergent wetlands, within the basin.
55
ORDINANCE NO. 4 8 3 5
d. Design Criteria: Requirements for wetland restoration or creation
as compensation areas shall be determined according to the
function, acreage, type and location of the wetland being replaced.
Compensation requirements should also consider time factors, the
ability ofthe project to be self-sustaining and the projected success
based on similar projects. Wetland functions and values shall be
calculated using the best professional judgment of a qualified
wetland ecologist using the best available techniques. Multiple or
cooperative compensation projects may be proposed for one
project in order to best achieve the goal of no net loss. Restoration
or creation must be within the same drainage basin.
e. Acreage Replacement Ratio: The ratios listed in RMC 4-3-
050M.1l.e.i. -Ratios For Wetland Creation Or Restoration, apply
to all Category 1, 2, or 3 wetlands for restoration or creation which
is in-kind, on-or off-site, timed prior to alteration, and has a high
probability of success. The required ratio must be based on the
wetland category and type that require replacement. Ratios are
determined by the probability of recreating successfully the
wetland and the inability of guarantees of functionality, longevity,
and duplication of type and/or functions.
£ Increased Creation/Restoration/Replacement Ratios: The
Reviewing Official may increase the ratios under the following
circumstances: uncertainty as to the probable success of the
proposed restoration or creation; significant period of time between
destruction and replication of wetland functions; projected losses
in functional value; or off-site compensation. The requirement for
an increased replacement ratio will be determined through SEP A
review, except in the case of remedial actions resulting from illegal
alterations where the Department Administrator or Environmental
Review Committee may require increased wetland replacement
ratios.
g. Decreased Creation/Restoration/Replacement Ratios:
(1) Category 1. The Reviewing Official may decrease the
ratios for Category 1 forested and scrub-shrub wetlands to
2.0 times the area altered, and to 1.5 times the area altered
for emergent wetlands, provided the applicant has
successfully replaced the wetland prior to its filling and has
shown that the replacement is successfully established for
five (5) years.
(2) Category 2. The Reviewing Official may decrease the
ratios for Category 2 forested and scrub-shrub wetlands to
1.5 times the area altered provided the applicant has
successfully replaced the wetland prior to its filling and has
shown that the replacement is successfully established for
56
ORDINANCE NO. _4_8 _3 _5 __
two (2) years. Ratios for Category 2 emergent wetlands
may be reduced to 1.25 times the area altered provided the
applicant has successfully replaced the wetland prior to its
filling and has shown that the replacement is successfully
established for two (2) years.
(3) Category 3.
(i) The Reviewing Official may decrease the ratios for
Category 3 emergent wetlands to 1.0 times the area
altered provided the applicant has successfully
replaced the wetland prior to its filling and has
shown that the replacement is successfully
established for twelve (12) months. Ratios for
Category 3 scrub-shrub and forested wetlands may
be reduced to 1.25 times the area altered provided
the applicant has successfully replaced the wetland
prior to its filling and has shown that the
replacement is successfully established for two (2)
years.
(ii) If the applicant can aggregate two (2) or more
Category 3 wetlands, each less than ten thousand
(1 0,000) square feet, into one wetland, the
replacement ratio shall be reduced to 1: 1. If the
combined wetland would be rated as a Category 2
wetland as a result of the combination, the buffer
requirement may be reduced to 25 feet minimum
provided the buffer is enhanced.
h. Category 3 Replacement Option: The applicant, at his/her
expense, may select to use accepted Federal or State methods to
establish the functions and values for the Category 3 wetland being
replaced in lieu of replacement by acreage only. A third party
review, funded by the applicant, and hired and managed by the
City, shall review and verify the reports. Dependent upon the
results of the functions and values evaluation, a Category 3
wetland may be replaced by assuring that all the functions and
values are replaced in another location, within the same basin.
i. Minimum Restoration/Creation Ratio: Unless allowed by
subsection ll.g above, restoration or creation ratios may only be
reduced by modification or variance pursuant to RMC 4-3-0SO.N,
Alternates, Modifications and Variances, and RMC 4-9-250.B,
Variance Procedures, and D, Modification Procedures. In order to
maintain no-net-loss of wetland acreage, in no case shall the
restoration or creation ratio be less than 1: 1. This minimum ratio
may not be modified through the modification or variance process.
57
ORDINANCE NO. 4 8 3 5
12. Wetland Enhancement:
a. Enhancement Proposals -Combined with Restoration and
Creation: Any applicant proposing to alter wetlands may propose
to enhance an existing degraded wetland, in conjunction with
restoration or creation of a wetland in order to compensate for
wetland losses. Wetland enhancement shall not be allowed as
compensation if it is not accomplished in conjunction with a
proposal to restore or create a wetland.
b. Evaluation Criteria: A wetland enhancement compensation
project may be approved by the Reviewing Official provided that
enhancement for one function will not degrade another function.
Wetland function assessment shall be conducted in conformance
with accepted Federal or State methodologies.
c. Wetlands Chosen for Enhancement: An applicant proposing to
alter wetlands may propose to enhance an existing Category 2 or 3
wetland. Existing Category 1 wetlands shall not be enhanced to
compensate for wetland alteration unless the wetland selected for
enhancement is a Category 1 wetland only by virtue of its acreage
and three vegetation classes, where the existing vegetation is
characterized partly or wholly by invasive wetland species.
d. Mitigation Ratios: Wetland alterations shall be created, restored
and enhanced using the formulas in RMC 4-3-050.M.12.d.i, Ratios
for Wetland Restoration or Creation plus Enhancement. The
following is an example of use of the formulas below: if 1 acre of
Category 2, forested wetland, were proposed to removed, the
creation/replacement ratio (RMC 4-3-050M.1l.e.i.) requires that 3
acres of forested Category 2 wetland be restored or created; if
wetland enhancement were proposed (RMC 4-3-050M.12.d.i.) for
the Category 2, forested wetland, 1.5 acres of forested Category 2
wetland would have to be created/restored and 2 acres of forested
Category 2 wetland enhanced, possibly a different part of the same
wetland."
e. Ratio Modification and Minimum Restoration/Creation Ratio:
An applicant may propose an increased creation or restoration ratio
and a decreased enhancement ratio if the total combined ratio is
maintained overall. Restoration/creation or enhancement ratios
shown in subsection 12.d may only be reduced by modification or
variance pursuant to RMC 4-3-050.N.3, Alternatives,
Modifications and Variances, and RMC 4-9-250.B, Variance
Procedures, and D, Modification Procedures. In order to maintain
no-net-loss of wetland acreage, in no case shall the restoration or
creation ratio be less than 1 : 1. This minimum ratio may not be
modified through the variance process.
58
ORDINANCE NO. 4 8 3 5
4-3-0SOM.U.e.i.
RATIOS FOR WETLANDS CREATION OR RESTORATION:
Wetland Category Vegetation Type Creation/ Restoration Ratio
Category 1 Forested 6 times the area altered.
Very High Quality Scrub-shrub 3 times the area altered.
Emergent 2 times the area altered.
Category 2 Forested 3 times the area altered.
High Quality Scrub-shrub 2 times the area altered.
Emergent 1.5 times the area altered.
Category 3 Forested 1.5 times the area altered.
Lower Quality Scrub-shrub 1.5 times the area altered.
Emergent 1.5 times the area altered.
59
ORDINANCE NO. 4835
RMC 4-J.;.OSOM.ll.d.i.
RATIOS FOR
WETLAND RESTORATION OR CREATION PLUS
ENHANCEMENT
Wetland Vegetation Restoration or Enhancement
Category Type Creation Ratio Ratio
Category 1 Forested 3 times the area plus 3.5 times the
Very High altered area altered
Quality
Scrub-1.5 times the plus 2 times the area
shrub area altered altered
Emergent 1 times the area plus 1. 5 times the
altered area altered
Category 2 Forested 1.5 times the plus 2 times the area
High Quality area altered altered
Scrub-1 times the area plus 1. 5 times the
shrub altered area altered
Emergent 1 times the area plus 1 times the area
altered altered
Category 3 Forested 1 times the area plus 1 times the area
Lower Quality altered altered
Scrub-1 times the area plus 1 times the area
shrub altered altered
Emergent 1 times the area plus 1 times the area
altered altered
13. Out-of-Kind Replacement: Out-of-kind replacement may be used in
place of in-kind compensation only where the applicant can demonstrate to the satisfaction of the
Reviewing Official that:
a. The wetland system is already significantly degraded and out-of-
kind replacement will result in a wetland with greater functional
value; or
b. Scientific problems such as exotic vegetation and changes in
watershed hydrology make implementation of in-kind
compensation impossible or unacceptable; or
c. Out-of-kind replacement will best meet identified regional goals
(e.g., replacement ofhistorically diminished wetland types).
60
ORDINANCE NO. 4835
------
14. Off-Site Compensation:
a. When Permitted: Off-site compensation may be provided in lieu
of on-site compensation only where the applicant can demonstrate
that:
(1) The hydrology and ecosystem of the original wetland and
those adjacent land and/or wetlands which benefit from the
hydrology and ecosystem will not be substantially damaged
by the on-site loss; and
(2) On-site compensation is not feasible due to problems with
hydrology, soils, or other factors; or
(3) Compensation is not practical due to potentially adverse
impact from surrounding land uses; or
( 4) Existing functional values at the site of the proposed
restoration are significantly greater than lost wetland
functional values; or
( 5) Established regional goals for flood storage, flood
conveyance, habitat or other wetland functions have been
addressed and strongly justify location of compensatory
measures at another site.
b. Locations: Any off-site compensation approved by the City shall
occur within the same drainage basin as the wetland loss occurred.
In the City, the drainage basins are the Black River (includes the
Green River Valley), Lower Cedar River, East Lake Washington,
West Lake Washington, Duwarnish, and May Creek.
c. Siting Recommendations: In selecting compensation sites, the
City encourages applicants to pursue siting compensation projects
in disturbed sites which were formerly wetlands, and especially
those areas which would result in a series of interconnected
wetlands.
d. Timing: Compensatory projects shall be substantially completed
and approved by the City prior to the issuance of an occupancy
permit. Construction of compensation projects shall be timed to
reduce impacts to existing wildlife and flora. The Reviewing
Official may elect to require a surety device for completion of
construction.
15. Cooperative Wetland Compensation: Mitigation Banks or Special
Area Management Programs (SAMP):
a. Applicability: The City encourages, and will facilitate and
approve cooperative projects wherein a single applicant or other
organization with demonstrated capability may undertake a
compensation project under the following circumstances:
61
ORDINANCE NO. 4 8 3 5
(1) Restoration or creation on-site may not be feasible due to
problems with hydrology, soils, or other factors; or
(2) Where the cooperative plan is shown to better meet
established regional goals for flood storage, flood
conveyance, habitat or other wetland functions.
b. Process: Applicants proposing a cooperative compensation
project shall:
( 1) Submit a permit application;
(2) Demonstrate compliance with all standards;
(3) Demonstrate that long-term management will be provided;
and
(4) Demonstrate agreement for the project from all affected
property owners of record.
c. Mitigation Banks: Mitigation banks are defined as sites which
may be used for restoration, creation and/or mitigation of wetland
alternatives from a different piece of property than the property to
be altered within the same drainage basin. The City of Renton
maintains a mitigation bank. A list of City mitigation bank sites is
maintained by the Planning/Building/ Public Works Department.
With the approval of the Planning/Building/ Public Works
Department, non-city controlled mitigation banks may be
established and utilized.
d. Special Area Management Programs: Special area management
programs are those wetland programs agreed upon through an
interjurisdictional planning process involving the U.S. Army
Corps ofEngineers, the Washington State Department of Ecology,
any affected counties and/ or cities, private property owners and
other parties of interest. The outcome of the process is a regional
wetlands permit representing a plan of action for all wetlands
within the special area.
e. Compensation Payments to Mitigation Bank: Compensation
payments, amount to be determined by the Reviewing Official,
received as part of a mitigation or creation bank must be received
prior to the issuance of an occupancy permit.
16. Mitigation Plans:
a. Required for Restoration, Creation and Enhancement
Projects: All wetland restoration, creation, and enhancement in
conjunction with restoration and creation projects required
pursuant to this section either as a permit condition or as the result
of an enforcement action shall follow a mitigation plan prepared by
qualified wetland specialists approved by the City.
62
ORDINANCE NO. 4 8 3 5
b. Timing for Mitigation Plan Submittal and Commencement of
any Work: The proponent shall submit a Final Wetland
Mitigation Plan for the approval of the Development Services
Division prior to the issuance of building or construction permits
for development. The proponent shall receive written approval of
the mitigation plan prior to commencement of any wetland
restoration or creation activity.
c. Content of Mitigation Plan: Unless the City, in consultation with
qualified wetland specialists, determines, based on the size and
scope of the development proposal, the nature of the impacted
wetland and the degree of cumulative impacts on the wetland from
other development proposals, that the scope and specific
requirements of the mitigation plan may be reduced, the mitigation
plan shall address all requirements in RMC 4-8-120.D.23, Wetland
Mitigation Plan.
17. Surety Devices:
a. Performance Surety Device Required: The City shall require
the applicant of a wetlands permit proposal to post a performance
surety device acceptable to the City such as a letter of credit,
irrevocable set-aside letter or cash.
(1) Amount of Performance Surety Device: The device shall
be in an amount equivalent to one and one-half (1 1/2)
times the estimated cost of the performance and with surety
and conditions sufficient to fulfill the requirements ofRMC
4-3-050.M.9, Compensating for Wetlands Impacts, and, in
addition, to secure compliance with other conditions and
limitations set forth in the permit. The amount and the
conditions of the surety device shall be consistent with the
purposes ofthis section. The amount ofthe security can be
modified to reflect more current data, particularly a signed
contract.
(2) Breach of Conditions: In the event of a breach of any
condition of any permit protected by a surety device, the
City may institute an action in a court of competent
jurisdiction upon such surety device and prosecute the same
to judgment and execution.
(3) Release of Performance Security Device: Until such
written release of the surety device, the principal or surety
cannot be released. The City shall release the surety
device upon determining that:
• All activities, including any required compensatory mitigation,
have been completed in compliance with the terms and conditions
of the permit and the requirements of this section; and
63
ORDINANCE NO. 4 8 3 5
• Upon the posting by the applicant of a maintenance surety device.
b. Maintenance Surety Device Required: The City shall require
the holder of a development permit issued pursuant to this section
to post cash or other security acceptable to the City such as letter
of credit or irrevocable set-aside letter in an amount and with
surety and conditions sufficient to guarantee that structures,
improvements, and mitigation required by the permit or by this
section perform satisfactorily for a minimum of five (5) years after
they have been completed. The City shall release the maintenance
surety device upon determining that performance standards
established for evaluating the effectiveness and success of the
structures, improvements, and/or compensatory mitigation have
been satisfactorily met for the required period. For mitigation
projects, the performance standards shall be those contained in the
mitigation plan developed pursuant to RMC 4-3-050.M.16. and
approved during the permit review process. The maintenance
surety device applicable to a compensation project shall not be
released until the Department Administrator determines that
performance standards established for evaluating the effect and
success of the project have been met.
N. ALTERNATES, MODIFICATIONS AND VARIANCES:
1. Alternates:
a. Applicability: See RMC 4-9-250.E
2. Modifications:
a. Applicability: The Department Administrator may grant
modifications, per RMC 4-9-250.D.l., application Time and
Decision Authority, in the following circumstances:
(1) Aquifer Protection [Reserved]
(2) Geologic Hazards -Modifications: An applicant may
request that the Department Administrator grant a
modification to allow:
(i) Regrading of any slope which was created through
previous mineral and natural resource recovery
activities or was created prior to adoption of
applicable mineral and natural resource recovery
regulations or through public or private road
installation or widening and related transportation
improvements, railroad track installation or
improvement, or public or private utility installation
activities;
64
ORDINANCE NO. 4835
------
(ii) Filling against the toe of a natural rock wall or rock
wall created through mineral and natural resource
recovery activities or through public or private road
installation or widening and related transportation
improvements, railroad track installation or
improvement or public or private utility installation
activities; and/or
(iii) Grading to the extent that it eliminates all or
portions of a mound or to allow reconfiguration of
protected slopes created through mineral and natural
resource recovery activities or public or private road
installation or widening and related transportation
improvements, railroad track installation or
improvement, or public or private utility installation
activities.
The following procedures shall apply to any of the above activities:
(i) The applicant shall submit a geotechnical report
describing any potential impacts of the proposed
regrading and any necessary mitigation measures;
(ii) All submitted reports shall be independently
reviewed by qualified specialists selected by the
City at the applicant's expense;
(iii) The Department Administrator may grant,
condition, or deny the request based upon the
proposal's compliance with the applicable
modification criteria ofRMC 4-9-250.D.; and
(iv) Any slope which remains 40% or steeper following
site development shall be subject to all applicable
geologic hazard regulations for steep slopes and
landslide hazards, in this section.
(3) Wetlands -Modifications: An applicant may request that the
Department Administrator grant a modification as follows:
Modifications may be requested for a reduction in
creation/restoration or enhancement ratios for a Category 3
wetland; however, the creation/restoration ratio shall not be
reduced below 1: 1.
In addition to the criteria of RMC 4-9-250.D, Modification
Procedures, the following criteria shall apply: The proposal
will result in no-net loss of wetland or buffer area and
functions.
65
ORDINANCE NO. 4 8 3 5
3. Variances:
a. Aquifer Protection: [Reserved]
b. Flood Hazards -Variances:
(1) Applicability: Refer to RMC 4-9-250.B.
c. Geologic Hazards, Habitat Conservation, and Wetlands -
Variance:
(1) Applicability: If an applicant feels that the strict
application of this section would deny all reasonable use of
the property containing a critical area or associated buffer,
or would deny installation of public transportation or utility
facilities determined by the 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 critical area
variance.
(2) Application Submittal: An application for a critical areas
variance shall be filed with the Development Services
Division.
(3) Review Authority: Variances shall be determined
administratively by the Department Administrator, or by
the Hearing Examiner, as indicated in RMC 4-9-250.B.
d. Shorelines, Streams and Lakes-Variances [Reserved]
0. APPEALS:
1. General: See RMC 4.1.050 (Review Authority) and RMC 4.8.110
(Process).
2. Record Required -Flood Hazards: The Department Administrator or
his/her designee, the Building Official, shall maintain the records of all
appeal actions and report any variances to the Federal Insurance
Administration upon request.
P. ASSESSMENT RELIEF-WETLANDS:
1. City Assessments: 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.
Q. VIOLATION AND PENALTIES:
1. Enforcement Officer: The Department Administrator or his or her
designated representative shall be responsible for investigation of
violations and citation of the violating parties.
66
ORDINANCE NO. 4 8 3 5
2. Penalties for Violations: Unless otherwise specified, penalties for any
violations of any of the provisions of this section shall be in accord with
Chapter 1-3, General Penalty, RMC.
3. Suspension or Revocation of Permits: In addition to other penalties
provided for elsewhere, the City may suspend or revoke a permit if it fmds
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."
R. MAPS:
1. Aquifer Protection: [Reserved]
2. Flood Hazards: see Figure RMC 4-3-050.R.2. for reference map.
3. Geologic Hazards:
a. Coal Mine Hazards:
(1) Map: See Figure RMC 4-3-050.R.3.a.(1)i. for reference
map.
(2) Mapping Criteria:
• Low Coal Mine Hazards (CL): areas not identified as high
or medium hazards. While no mines are known in these
areas, undocumented mining is known to have occurred.
• Medium Coal Mine Hazards (CM):
( i) Lands overlying coal mines, but not included in the
high hazard category; and
(ii) Surrounding lands overlying a wedge between a
plane rising vertically from the mine and a plane
rising from the mine at a break angle of between
twenty-five (25) and forty (40) degrees. The break
angle is measured from the vertical. The break
angle appropriate for the given seam is determined
by the slope of the seam and the workings.
Approximate mine depths and seam dip and break
angles are provided in Appendices C and D of the
Summary Report, Critical and Resource Areas
Evaluation, GeoEngineers, 1991.
• High Coal Mine Hazard (CH): all lands where underlying
coal mines are within two hundred feet (200') below the
ground surface, or fifteen ( 15) times the height of the mine
workings below the surface, whichever is less.
b. Erosion Hazards:
67
ORDINANCE NO. 4 8 3 5
(1) Map: See Figure RMC 4-3-050.R.3.b.(l)i. for reference
map.
(2) Mapping Criteria:
• Low Erosion Hazard (EL): all surface soils on slopes less than
fifteen percent (15%). Mapped areas include all Natural
Resource Conservation Service (formerly U.S. Soil
Conservation Service) soils designated A, B, or C.
• High Erosion Hazard (EH): all surface soils on slopes steeper
than fifteen percent (15%). Mapped areas include all Natural
Resource Conservation Service (formerly U.S. Soil
Conservation Service) soils designated as D, E, or F.
c. Landslide Hazards:
(1) Map: See Figure RMC 4-3-050.R.3.c.(l)i. for reference
map.
(2) Mapping Criteria:
• Low Landslide Hazard (LL ): areas with slopes less than fifteen
percent ( 15% ).
• Medium Landslide Hazard (LM): areas with slopes between
fifteen and forty percent (15-40%) where the surface soils are
underlain by permeable geologic units. The permeable units
include:
(i) fill: af, afm, and m;
(ii) alluvium: Qac, Qaw, Qas, and Qa;
(iii) Vashon recessional and advance glacial deposits:
Qik, Qit, Qiv, Qpa, Qis, Qys, Qyg, Qvr, Qsr, and
Qos;
(iv) Vashon glacial deposits: Qg, Qgt, Qt, and Qvt.
• High Landslide Hazards (LH): areas with slopes greater than
forty percent ( 40%) and areas with slopes between 15 and 40%
where the surface soils are underlain by low permeability
geologic units. The low permeability units include:
(i) Post-glacial lake and peat silts: Qlp, Qp, Qlm, and
Qvl;
(ii) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc,
Qcg, and Qog;
(iii) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu,
Tta, T eta, and Ttl.
68
ORDINANCE NO. 4 8 3 5
• Very High Landslide Hazards (LV): all mapped landslide
deposits: Qmc, Qm, Ql, and landslides known from public
records.
d. Seismic:
(1) Map: See Figure RMC 4-3-050.R.3.d.(l)i. for reference
map.
(2) Mapping Criteria:
• Low Seismic Hazard (SL): all Vashon age glacial and
older sediments. The mapped areas include:
(i) All deposits of recessional and advance glacial
deposits: Qik, Qit, Qiv, Qpa, Qis, Qys, Qyg, Qur,
Qsr, Qos, Qog.
(ii) Vashon glacial deposits: Qg, Qgt, Qt, and Qvt;
(iii) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, and
Qcg;
(iv) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu,
Tta, Teta, and Ttl.
(v) Areas of roadway fill, af and afm, which overly the
above units.
• High Seismic Hazard (SH): postglacial deposits which are
likely to be saturated as they occupy low areas and
frequently overlay low permeability deposits. They
include:
(i) Deposits of fill: af, afin, and m;
(ii) Alluvium: Qaw, Qac, Qas, and Qa;
(iii) Mass wasting deposits: Qmc, Qm, and Ql;
(iv) Post-glacial lake silts and peats: Qlp, Qp, Qlm, and
Qvl.
e. Steep Slopes:
(1) Map: Refer to the City of Renton Steep Slope Atlas and
Figure RMC 4-3-0SO.R.e.(l)i. for reference map.
4. Shorelines, Streams and Lakes: [Reserved]
5. Wetlands: Refer to the City of Renton Wetland and Stream Corridors
Critical Areas Inventory and see Figure RMC 4-3-050.R.5.(1) for
reference map.
69
Renton e
16 March 2000
ORDINANCE NO. 4 8 3 5
\
I
I
' /\
Roads 1 00 Year Flood Plains
Flood Plains
Lakes
Streams
Rivers
City Boundary
70
0 5500
1:66000
11000
----------~~~~~~~~~~~~---------------------------
ORDINANCENO. 4835
KENT
Renton Muntctpal Code
~ ~~~:!s
~ ~Rivers
17 March 2000 City Boundary
H:\EconomicDevelopment\Stratplan\Planning\Maps\CodeAmend\Coalmh 1:66000
Coal Mine Hazards
0 5500
~
11000
Unclassified :::::c~
71
ORDINANCE NO. 4 8 3 5
Renton Municipal Code e -High Hazard
16 March 2000 Lakes
---Roads
~streams
~Rivers
---City Boundary
72
0 5500 11000
:cc,c:c::c:cc,c~
1:66000
ORDINANCE NO. 4 8 3 5
Landslide Hazards
~Streams
~Rivers
---City Boundary
73
0 5500
1:66000
11000
ORDINANCE NO. 4 8 3 5
Renton Municipal Code e -High Hazard
---Roads
~streams
~Rivers
Seismic Hazards
0 5500
i
' 1\
16 March 2000 Lakes ---City Boundary
1:66000
74
11000
ORDINANCE NO. 4835
------
Renton Municipal Code e 25-40% Slope
21 March 2000 40%+ Slope
H:\EconomicDevelopment\Stratplan\Planning\Maps\CodeAmend\Steep Slope 1:66000
75
ORDINANCE NO. 4 8 3 5
Renton Municipal Code e -Wetlands
Lakes
Roads
~Streams
~Rivers
City Boundary 17 March 2000
H:\EconomicDevelopment\Stratplan\Planning\Maps\CodeAmend\Wetlands
76
0
0
I
\ ),
\ /\
\ I
'Q
5500 11000
1:66000
ORDINANCE NO. 4 8 3 5
SECTION VIII. Sections 4-3-060, 4-3-070 and 4-3-110, of Chapter 3, Environmental
Regulations and Special Districts, of Title 4 (Development Regulations), of Ordinance No. 4260
entitled "Code of General Ordinances ofthe City ofRenton, Washington" are hereby deleted.
SECTION IX. Section 4-4-030.B, of Chapter 4, Property Development Standards, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by deleting the following
regulations adopted by reference:
1984 Greenbelt Regulations
1992 Wetland Regulations.
SECTION X. Sections 4-4-060.H.l, K.2, L.2, and L.6, of Chapter 4, Property
Development Standards, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as
follows:
H.l. Maximum Slopes -Work in Progress: No slopes greater than one horizontal to
one vertical will be permitted for cuts, fills, or during excavations that exceed ten feet (1 0') in
height without physical restraint by timbering or approval by the Building Department of an
engineering or geologist report assuring slope will maintain its shape without undue risk of
failing.
K.2. Maximum Slope: The slope of cut surfaces shall be no steeper than is safe for the
intended use. Except in conjunction with a modification granted per RMC 4-9-250.D.l for one
of the circumstances listed in RMC 4-3-050.N.2.a(2) (Geologic Hazards-Modifications), cut
operations associated with a plat, short plat, subdivision or dedication, or other permitted land
development activity which would result in the creation of permanent slopes forty percent ( 40%)
or greater which are 15 feet in height, i.e., protected slopes, shall not be approved.
L.2. Fill Location: Fill slopes shall not be constructed (a) on natural slopes steeper
than two-and-a-halfhorizontal to one vertical (2.5:1) that are 15 feet or greater in height (except
in conjunction with a modification granted per RMC 4-9-250.D.l for filling against the toe of a
natural rock wall -see RMC 4-3-050.N.2.a(2)(ii) or (b) where the fill slope toes out within
twelve feet (12') horizontally of the top of existing or planned cut slopes that are 15 feet or
greater in height and steeper than two-and-a-half horizontal to one vertical (2.5:1).
L.6. Maximum Slope: The slope of fill surfaces shall be no steeper than is safe for the
intended use. Except in conjunction with a modification granted per RMC 4-9-250.D.l for one
of the circumstances listed in RMC 4-3-050.N.2.a(2) (Geologic Hazards -Modifications), fill
operations associated with a plat, short plat, subdivision or dedication, or other permitted land
development activity which would result in the creation of permanent slopes forty percent ( 40%)
or greater which are 15 feet in height, i.e. protected slopes, shall not be approved.
SECTION XI. Section 4-4-130 of Chapter 4, Property Development Standards, of Title 4
77
ORDINANCE NO. 4 8 3 5
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances ofthe
City of Renton, Washington" is hereby amended to read as follows:
4-4-130
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
4-4-130
TREE CUTTING AND LAND CLEARING REGULATIONS ............... 81
Purpose
Applicability
Exemptions
Prohibited Activities
Authority and Interpretation
Permits Required
Routine Vegetation Management Permit Review Process
Performance Standards for Land Development/Building Permits
Variance Procedures
Violations and Penalties
TREE CUTTING AND LAND CLEARING REGULATIONS:
A. PURPOSE: This RMC provides regulations for the clearing of land and the
protection and preservation of trees and associated significant vegetation for the following
purposes:
1. To preserve and enhance the City's physical and aesthetic character by
minimizing indiscriminate removal or destruction of trees and ground cover;
2. To implement and further the goals and policies of the City's Comprehensive Plan
for the environment, open space, wildlife habitat, vegetation, resources, surface
drainage, watersheds, and economics, and promote building and site planning
practices that are consistent with the City's natural topographical and vegetational
features while at the same time recognizing that certain factors such as condition
(e.g. disease, danger of falling, etc.), proximity to existing and proposed structures
and improvements, interference with utility services, protection of scenic views,
and the realization of a reasonable enjoyment of property may require the removal
of certain trees and ground cover;
3. To ensure prompt development, restoration and replanting, and effective erosion
control of property during and after land clearing;
4. To promote land development practices that result in a minimal adverse
disturbance to existing vegetation and soils within the City;
5. To minimize surface water and groundwater runoff and diversion, and aid in the
stabilization of soil, and to minimize erosion and sedimentation, and minimize the
need for additional storm drainage facilities caused by the destabilization of soils;
6. To retain clusters of trees for the abatement of noise and wind protection;
7. To recognize that trees and ground cover reduce air pollution by producing pure
78
ORDINANCE NO. 4 8 3 5
oxygen from carbon dioxide;
8. To preserve and enhance wildlife and habitat including streams, riparian
corridors, wetlands and groves of trees;
B. APPLICABILITY: The regulations of this section apply to any developed,
partially developed or undeveloped property where land development or routine vegetation
management acitivities are undertaken.
C. EXEMPTIONS: The following activities are exempt from Routine Vegetation
Management Permit requirements, and may be authorized without an associated land
development permit; however, the activities must be conducted in accordance with stated
requirements:
1. Emergency Situations: Removal of trees and/or ground cover by the
City and/or public or private utility in emergency situations involving
immediate danger to life or property, substantial fire hazards, or
interruption of services provided by a utility.
2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally
diseased, damaged, or dangerous ground cover or trees which have been
certified as such by a forester, registered landscape architect, or certified
arborist, selection of which to be approved by the City based on the type
of information required, or the City prior to their removal.
3. Maintenance Activities/Essential Tree Removal -Public or Private
Utilities, Roads and Public Parks: Maintenance activities including
routine vegetation management and essential tree removal for public and
private utilities, road rights of way and easements, and parks.
4. Installation ofSEPA Exempt Public or Private Utilities: Installation of
distribution lines by public and private utilities provided that such
activities are categorically exempt from the provisions of the State
Environmental Policy Act and RMC 4-9-070, Environmental Review
Procedures, ofthis Code.
5. Existing and ongoing agricultural activities: Clearing associated with
existing and ongoing agricultural activities as defmed in RMC 4-11,
Definitions.
6. Commercial Nurseries or Tree Farms: Clearing or cutting of only those
trees which are planted and growing on the premises of a licensed retailer
or wholesaler.
7. Public Road Expansion: Expansion of public roads.
8. Site Investigative Work: Site investigative work necessary for land use
application submittals such as surveys, soil logs, percolation tests, and
other related activities including the use of mechanical equipment to
perform site investigative work provided the work is conducted in
79
ORDINANCE NO. 4 8 3 5
accordance with the following requirements.
a. Investigative work should not disturb any more than five percent
(5%) of any protected sensitive area described in RMC 4-4-
130.D.2, Restrictions for Critical Areas, on the subject property.
In every case impacts shall be minimized and disturbed areas
restored.
b. In every location where site investigative work is conducted,
disturbed areas shall be minimized, and immediately restored.
c. A notice shall be posted on the site by the property owner or
owner's agent indicating that site investigative work is being
conducted, and that the work must minimize disturbance to the
critical areas identified in RMC 4-4-130.D.2, Restrictions for
Critical Areas.
d. No site investigative work shall commence without first notifying
the Director or designee in advance."
9. Allowable Minor Tree Cutting Activities: Tree cutting and associated
use of mechanical equipment is permitted as follows, except as provided
in RMC 4-4-130.D.2, Restrictions for Critical Areas:
a. On a developed lot or on a partially developed lot less than one-
half(1/2) of an acre any number oftrees may be removed;
b. On a partially developed lot greater than one-half (1/2) of an acre
or on an undeveloped lot provided that:
(1) No more than three (3) trees are removed in any twelve
(12) month period from a property under thirty five
thousand (35,000) square feet in size; and
(2) No more than six (6) trees are removed in any twelve (12)
month period from a property over thirty five thousand
(35,000) square feet in size.
LOT TYPES
r-. .-.,. r:··--r o··-·r
: PARTIALLY • 0
DEVECOPEDI j"VECOPEDI ! . I
• j : c:JD I j oeveco•e11 ....... _.... .~... .... +-... --l,J ...
(3) Rights-of-Way Unobstructed: In conducting minor tree
cutting activities, rights-of-way shall not be obstructed.
80
ORDINANCE NO. 4 8 3 5
10. Landscaping or Gardening Permitted: Land clearing in conformance
with the provisions of RMC 4-4-130.C.9, Allowable Tree Cutting
Activities, and RMC 4-4-130.D.2, Restrictions for Critical Areas, is
permitted on a developed lot for purposes of landscaping or gardening.
Land clearing in conformance with the provisions of RMC 4-4-130.C.9,
Allowable Minor Tree Cutting Activities, and RMC 4-4-130.D.2,
Restrictions for Critical Areas, is permitted on a partially developed or
undeveloped lot for purposes of landscaping or gardening provided that no
mechanical equipment is used.
11. Operational Mining/Quarrying: Land clearing and tree cutting
associated with previously approved, operational mining and quarrying
activities.
D. PROHIBITED ACTIVITIES:
1. Prohibited Activities: There shall be no tree cutting or land clearing on
any site for the sake of preparing that site for future development unless a
land development permit for the site has been approved by the City.
2. Restrictions for Critical Areas -General: No tree cutting, eF land
clearing, or groundcover management is permitted:
a. on portions of property with identified and protected critical
habitats;
b. on Protected Slopes except as allowed in this Section or in the
Critical Areas Regulation, RMC 4-3-050; or
c. areas classified as Very High Landslide Hazards, except as allowed
in this Section or in the Critical Areas Regulations, RMC 4-3-050.
Buffer requirements shall be consistent with the Critical Area Regulations.
Tree cutting or land clearing shall be consistent with established Native
Growth Protection Area requirements ofRMC 4-3-050.G.
3. Restrictions for Critical Areas -Routine Vegetation Management
Permits: In addition to the prohibitions of RMC 4-4-130D.2., no tree
cutting, land clearing or groundcover management, except for
enhancement purposes or otherwise permitted by this Section, shall be
allowed per a routine vegetation management permit in the following
cases:
a. in wetlands and their buffers; and
b. riparian corridors including a minimum buffer area of twenty five
feet (25') from the ordinary high water mark of the creek or stream
and in the two hundred foot (200') State shoreline area.
4. Restrictions for Critical Areas -Land Development Permits and
Building Permits: In addition to the prohibitions of RMC 4-4-130D.2.,
no tree cutting, land clearing or groundcover management, except for
81
ORDINANCE NO. 4 8 3 5
enhancement purposes or otherwise permitted by this Section, shall be
allowed per a land development or building permit in the following cases:
a. in a wetland; and
b. Within a minimum of twenty five feet (25') of the ordinary high
water mark of creeks, streams, lakes and other shoreline areas or
within fifteen feet (15') of the top of the bank of same, nor should
any mechanical equipment operate in such areas except for the
development of public parks and trail systems and enhancement
activities.
E. AUTHORITY AND INTERPRETATION: The City's Development Services
Division Director, or his duly authorized representative, is hereby authorized and directed to
interpret and enforce all the provisions of this section.
F. PERMITS REQUIRED:
1. Land Development Permit: An approved land development permit is
required in order to conduct tree cutting or land clearing on any site for the
sake of preparing that site for future development.
2. Permit Required for Routine Vegetation Management on
Undeveloped Properties: Any person who performs routine vegetation
management on undeveloped property in the City must obtain a Routine
Vegetation Management Permit prior to performing such work.
3. Permit Required to Use Mechanical Equipment: Except where use of
mechanical equipment is specifically listed as exempt, any person who
uses mechanical equipment for routine vegetation management, land
clearing, tree cutting, landscaping, or gardening on developed, partially
developed or undeveloped property must obtain a routine vegetation
management permit prior to performing such work.
4. Timber Stand Maintenance -Conditional Use Permit Required:
While timber harvesting shall not be permitted until such time as a valid
land development is approved, a request may be made for maintenance
and thinning of existing timber stands to promote the overall health and
growth of the stand. Permits allowing maintenance and thinning beyond
the limits allowed in subsections RMC 4-4-130.C.9, Allowable Tree
Cutting Activities, shall be considered as a conditional use permit, by the
Hearing Examiner according to the following criteria in lieu of standard
conditional use permit criteria:
a. Appropriate approvals have been sought and obtained with the
State Department ofNatural Resources; and
b. The activity shall improve the health and growth of the stand and
maintain long term alternatives for preservation of trees; and
c. The activity shall meet the provisions of subsections RMC 4-4-
82
ORDINANCE NO. 4 8 3 5
130.H.2, Applicability, Performance Standards, and Alternates,
and RMC 4-4-130.H.3, General Review Criteria; and
d. Thinning activities shall be limited to less than 40% of the volume
and trees.
5. Tree Cutting -Solar Access or Pasture Land: A routine vegetation
management permit is required for tree cutting in greater amounts than
specified under partially exempt actions in RMC 4-4-130.C.2, Allowable
Tree Cutting Activities, for any property where tree cutting is proposed
without an associated land development permit. A Routine Vegetation
Management Permit may be issued allowing tree cutting only in the
following cases:
a. For purposes of allowing solar access to existing structures; or
b. To create pasture land where agricultural activities are permitted
uses in the zone.
Any tree cutting activities shall be the minimum necessary to accomplish
the purpose, and shall be consistent with RMC 4-4-130.D.2, Restrictions
for Critical Areas.
G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW
PROCESS: Permits for routine vegetation management shall be processed as follows:
1. Submittal: An application for a routine vegetation management permit
shall be submitted to the Development Services Division together with any
necessary fees as required in Chapter 4-1.
2. Information Required: A routine vegetation management permit
application shall contain the information requested in RMC 4-8-120,
Application Submittal Requirements.
3. Time: The permit shall be reviewed administratively within a reasonable
period of time.
4. Routine Vegetation Management Permit Conditions: The routine
vegetation management permit may be denied or conditioned by the City
to restrict the timing and extent of activities in order to further the intent of
this section including:
a. Preserve and enhance the City's aesthetic character and maintain
visual screening and buffering.
b. Preserve habitat to the greatest extent feasible.
c. Prevent landslides, accelerated soil creep, settlement and
subsidence hazards.
83
ORDINANCE NO. 4 8 3 5
d. Minimize the potential for flooding, erosion, or increased turbidity,
siltation or other form of pollution in a watercourse.
e. Ensure that the proposal will be consistent with RMC 4-4-130.D.2,
Restrictions for Critical Areas.
5. Time Limits for Routine Vegetation Management Permits: Any
permit for routine vegetation management shall be valid for one year from
the date of issuance. An extension may be granted by the Development
Services Division for a period of one year upon application by the
property owner or manager. Application for such an extension must be
made at least thirty (30) days in advance of the expiration of the original
permit and shall include a statement of justification for the extension.
H. PERFORMANCE STANDARDS FOR LAND
DEVELOPMENT/BUILDING PERMITS:
1. Plan Required: When a development permit is submitted to the City it
shall be accompanied by a land clearing and tree cutting plan. Where it is not practicable
to retain all trees on site due to a proposed development, the plot plan shall identify those
trees which are proposed for removal. Where the drip line of a tree overlaps an area
where construction activities will occur, this shall be indicated on the plot plan. Trees
shall be shown on the plan as follows:
a. For allowed activities, including allowed exemptions,
modifications, and variances, show all trees proposed to be cut on
priority tree retention areas: slopes 25% or greater, High or Very
High Landslide Areas, and High Erosion Hazard Areas.
b. Show trees to be cut in restricted Critical Areas: wetlands,
streams, floodways, slopes 40% or greater, Very High Landslide
Hazard areas, and critical habitat if the activity is exempt or
allowed by the Critical Areas Regulations in RMC 4-3-050.C.5,
Specific Exemptions.
c. Show all trees to be retained in Critical Area buffers.
d. Show trees to be cut along shorelines, streams, and lakes and in
their buffers.
e. Show trees proposed to be cut within required zoning setbacks
along perimeter of development.
£ In all other areas of the site, trees to be cut can be indicated
generally with clearing limits.
84
ORDINANCE NO. 4 8 3 5 ------
2. Applicability, Performance Standards and Alternates: All land
clearing and tree cutting activities shall conform to the criteria and
performance standards set forth in this section unless otherwise
recommended in an approved soil engineering, engineering geology,
hydrology or forest management plan and where the alternate procedures
will be equal to or superior in achieving the policies of this Section. All
land clearing and tree cutting activities may be conditioned to ensure that
the standards, criteria, and purpose of this section are met.
3. General Review Criteria: All land clearing and tree cutting activities
shall meet the following criteria:
a. The land clearing and tree cutting will not create or significantly
contribute to landslides, accelerated soil creep, settlement and
subsidence or hazards associated with strong ground motion and
soil liquefaction.
b. The land clearing and tree cutting will not create or significantly
contribute to flooding, erosion, or increased turbidity, siltation or
other form of pollution in a watercourse.
c. Land clearing and tree cutting will be conducted to maintain or
provide visual screening and buffering between land uses of
differing intensity, consistent with applicable landscaping and
setback provisions of the Renton Municipal Code.
d. Land clearing and tree cutting shall be conducted so as to expose
the smallest practical area of soil to erosion for the least possible
time, consistent with an approved build-out schedule and including
any necessary erosion control measures.
e. Land clearing and tree cutting shall be consistent with RMC 4-4-
130.D.2., Restrictions for Critical Areas, and RMC 4-3-050,
Critical Areas Regulations.
4. Tree Preservation: Trees shall be maintained to the maximum extent
feasible on the property where they are growing.
a. Ability to Condition Plan: The City may require a modification
of the land clearing and tree cutting plan or the associated land
development plan to ensure the retention of the maximum number
of trees.
b. Clearing -Conditions of Approval: The Department
Administrator or designee may condition a proposal to restrict
clearing outside of building sites, rights-of-way. utility lines and
easements, to require sequencing and phasing of construction, or
other measures, consistent with the permitted density and intensity
ofthe zone.
5. Native Growth Protection Areas: Native growth protection areas may
85
ORDINANCE NO. 4 8 3 5
be established through the subdivision process, or via another land
development permit pursuant to the Critical Areas regulations and RMC 4-
3-050.G., and in environmentally critical areas including but not limited to
the following area: a buffer area from the annual high water mark of
creeks, streams, lakes and other shoreline areas or from the top of the bank
of same, whichever provides good resource protection.
6. Timing: The City may restrict the timing of the land clearing and tree
cutting activities to specific dates and/or seasons when such restrictions
are necessary for the public health, safety and welfare, or for the
protection of the environment.
7. Restrictions for Critical Areas: See RMC 4-4-130-D.2., Prohibited
Activities and RMC 4-3-050, Critical Areas Regulations.
8. Tree/Ground Cover Retention: The following measures may be used by
the Department Administrator or designee in conditioning a land
development permit or building permit proposal per RMC 4-4-130.H.4,
Tree Preservation, to comply with the general review criteria of RMC 4-
4-130.H .. 3.
a. Trees shall be maintained to the maximum extent feasible on the
property where they are growing.
b. The City may require and/or allow the applicant to relocate or
replace trees, provide interim erosion control, hydroseed exposed
soils, or other similar conditions which would implement the intent
of this section.
c. Priority shall be given to retention oftrees on Sensitive Slopes and
on lands classified as having High or Very High Landslide
Hazards, or High Erosion hazards as classified in the Critical Areas
Regulation.
d. Where feasible, trees which shelter interior trees or trees on
adjacent properties from strong winds that could otherwise cause
them to blow down should be retained.
e. Except in critical areas unless enhancement activities are being
performed, the removal of trees on the following list should be
allowed in order to avoid invasive root systems, weak wood prone
to breakage, or varieties which tend to harbor insect pests:
(1) All Populus species including cottonwood (Populus
trichocarpa), quaking aspen (Populus tremuloides),
lombardy poplar (Populus nigra "ltalica"), etc.
(2) All Alnus species which includes red alder (Alnus
oregona), black alder (Alnus glutinosa), white alder (Alnus
86
ORDINANCE NO. 4 8 3 5
rhombifolia), etc.
(3) Salix species which includes weeping willow (Salix
babylonica), etc. unless along a stream bank and away from
paved areas.
(4) All Platanus species which include London plane tree
(Platanus acerifo lia ),American sycamore, buttonwood,
(Platanus occidentalis), etc.
9. Protection Measures During Construction:
a. Tree Protection Measures: Protection measures in RMC 4-4-
130.H.9.b.i through b.vi shall apply for all trees which are to be
retained in areas immediately subject to construction. These
requirements may be waived pursuant to RMC 4-9-250.D,
Modification Procedures. individually or severally by the City if
the developer demonstrates them to be inapplicable to the specific
on-site conditions or if the intent of the regulations will be
implemented by another means with the same result.
b. Drip Line: All of the following tree protection measures shall
apply:
( 1) The applicant may not fill, excavate, stack or store any
equipment, or compact the earth in any way within the area
defmed by the drip line of any tree to be retained.
(2) The applicant shall erect and maintain rope barriers or
place bales of hay on the drip line to protect roots. In
addition, the applicant shall provide supervision whenever
equipment or trucks are moving near trees.
(3) If the grade level adjoining to a tree to be retained is to be
raised, the applicant shall construct a dry rock wall or rock
well around the tree. The diameter of this wall or well
must be equal to the tree's drip line.
(4) The applicant may not install impervious surface material
within the area defmed by the drip line of any tree to be
retained.
( 5) The grade level around any tree to be retained may not be
lowered within the greater of the following areas: 1) the
area defmed by the drip line of the tree, or 2) an area
around the tree equal to one foot ( 1 ') in diameter for each
one inch (1 ") of tree caliper.
87
ORDINANCE NO. _4_8_3 _5 __
( 6) The applicant shall retain a qualified professional to prune
branches and roots, fertilize, and water as appropriate for
any trees and ground cover which are to be retained.
I. VARIANCE PROCEDURES: The Hearing Examiner shall have the authority
to grant variances from the provisions ofthis section pursuant to RMC 4-l-050.F.l.q. and RMC
4-9-250.
J. VIOLATIONS AND PENAL TIES:
1. Penalties: Penalties for any violation of any of the provisions of this
section shall be in accord with RMC 1-3-2 ofthis Code. In a prosecution
under this section, each tree removed, damaged or destroyed will
constitute a separate violation, and the monetary penalty for each violated
tree shall be no less than the minimum penalty, and no greater than the
maximum penalty ofRMC l-3-2.D.
2. Additional Liability for Damage: In addition, any person who violates
any provision of this section or of a permit issued pursuant thereto shall be
liable for all damages to public or private property arising from such
violation, including the cost of restoring the affected area to its condition
prior to such violation.
3. Restoration Required: The City may require replacement of all
improperly removed ground cover with species similar to those which
were removed or other approved species such that the biological and
habitat values will be replaced. Restoration shall include installation and
maintenance of interim and emergency erosion control measures which
shall be required as determined by the City.
4. Replacement Required: The City may require for each tree which was
improperly cut and/or removed, replacement planting of a tree of equal
size, quality and species or up to three (3) trees of the same species in the
immediate vicinity of the tree(s) which was removed. The replacement
trees will be of sufficient caliper to adequately replace the lost tree(s) or a
minimum ofthree inches (3") in caliper.
5. Stop Work: For any parcel on which trees and/or ground cover are
improperly removed and subject to penalties under this section, the City
shall stop work on any existing permits and halt the issuance of any or all
future permits or approvals until the property is fully restored in
compliance with this section and all penalties are paid.
SECTION XII. Section 4-7-BO.C.l, of Chapter 7, Subdivision Regulations, of Title 4
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances ofthe
City ofRenton, Washington" is hereby amended to read as follows:
88
ORDINANCE NO. 4 8 3 5
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable
for subdivision includes land with features likely to be harmful to the
safety and general health of the future residents (such as lands adversely
affected by flooding, steep slopes, or rock formations). Land which the
Department or the Hearing Examiner considers inappropriate for
subdivision shall not be subdivided unless adequate safeguards are
provided against these adverse conditions.
a. Flooding/Inundation: If any portion of the land within the
boundary of a preliminary plat is subject to flooding or inundation,
that portion of the subdivision must have the approval of the State
according to chapter 86.16 RCW before the Department and the
Hearing Examiner shall consider such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which
would result in the creation of a lot or lots that primarily have
slopes forty percent (40%) or greater as measured per RMC 4-3-
050.B.4.b, without adequate area at lesser slopes upon which
development may occur, shall not be approved.
SECTION XIII. Section 4-7-130.C, of Chapter 7, Subdivision Regulations, of Title 4
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances ofthe
City of Renton, Washington" is hereby amended by inserting a new section 2 which read as
follows, and renumbering the remaining sections:
2. Native Growth Protection Area Easement and Minimum Lot Size:
Native Growth Protection Area easements may be included in the
minimum lot size of lots created through the subdivision process, provided
that the area of the lot outside of the easement is sufficient to allow for
adequate buildable area and yards.
SECTION XIV. Section 4-8-120.B, Table 4-8-120.B, of Chapter 8, Permits and Decisions,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended as shown on Attachment A
which is hereby incorporated.:
SECTION XV. Section 4-8-120.C, Table 4-8-120.C, of Chapter 8, Permits and Decisions,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended as shown on Attachment B
89
ORDINANCE NO. 4 8 3 5
which is hereby incorporated.
SECTION XVI. The following definitions in section 4-8-120.D.4, Defmitions D, of
Chapter 8, Permits and Decisions, ofTitle 4 (Development Regulations), of Ordinance No. 4260
entitled "Code of General Ordinances ofthe City ofRenton, Washington" are hereby amended to
read as follows:
Drainage Plan/Map: Plans drawn to scale and stamped by a State of Washington
licensed engineer and complying with the requirements of RMC 4-6-030, Drainage
(Surface Water) Standards, and the King County Surface Water Management Design
Manual as adopted by the City of Renton.
Drainage Report: A report stamped by a State of Washington licensed engineer
complying with the requirements of the City of Renton Drafting Standards, RMC 4-6-
030, Drainage (Surface Water) Standards, and the King County Surface Water
Management Design Manual (KCSWDM) as adopted by the City ofRenton.
SECTION XVII. Subsections 4-8-120.D.6.e and D.6.g, Defmitions F, of Chapter 8, Permits
and Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City ofRenton, Washington" are hereby amended to read as follows:
e.
g.
SECTION XVIII.
Include location of existing conditions (such as wetlands, steep
slopes, water courses, floodplains) on or adjacent to the site which
could hinder development.
Include the lot and block numbering scheme and lot addresses on
the plat map. Street names and addresses shall be determined by
the Department in accordance with the Street Grid Ordinance
(chapter 9-11 RMC), and established Department procedures for
addressing of new lots.
Section 4-8-120.D.6, Defmitions F, of Chapter 8, Permits and
Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended by adding the
following definition which reads as follows:
Flood Hazard Data: Flood hazard data includes:
a. Plans in duplicate drawn to scale showing the nature, location,
90
ORDINANCE NO. 4 8 3 5 -----
dimensions, and elevations of the area in question; existing or
proposed structures, fill, storage of materials, drainage facilities,
and the location of the foregoing;
b. Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures;
c. Elevation in relation to mean sea level to which any structure has
been floodproofed;
d. Certification by a registered professional engineer or architect that
the floodproofmg methods criteria in RMC 4-3-050.I.3.c.; and for
any nonresidential structure meet the floodproofing; and
e. Description of the extent to which a watercourse will be altered or
relocated as a result of proposed development.
SECTION XIX. Section 4-8-120.D.7, Definitions G, of Chapter 8, Permits and Decisions,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby revised by amending the following
defmitions which read follows:
Geotechnical Report: A study prepared in accordance with generally accepted
geotechnical practices and stamped by a professional engineer licensed in the State of
Washington which includes soils and slope stability analysis, boring and test pit logs, and
recommendations on slope setbacks, foundation design, retaining wall design, material
selection, and all other pertinent elements. If the evaluation involves geologic
evaluations or interpretations, the report shall be reviewed and approved by a geologist.
Further recommendations, additions or exceptions to the original report based on the
plans, site conditions, or other supporting data shall be signed and sealed by the
geotechnical engineer. If the geotechnical engineer who reviews the plans and
specifications is not the same engineer who prepared the geotechnical report, the new
engineer shall in a letter to the City accompanying the plans and specifications, express
his or her agreement or disagreement with the recommendations in the geotechnical
report and state that the plans and specifications conform to his or her recommendations.
If the site contains a geologic hazard regulated by the Critical Areas Regulation, the
preparation and content requirements ofRMC 4-8-120.D, Table 18 shall also apply.
Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State
of Washington licensed landscape architect at a scale of one inch to forty feet (1' to 40')
(horizontal feet) and one inch to ten feet (1" to 10') (vertical feet) (or other size plan
sheet or scale approved by the Development Services Division Plan Review Supervisor)
clearly indicating the following:
91
ORDINANCE NO. 4 8 3 5
a. Graphic scale and north arrow,
b. Dimensions of all property lines, easements, and abutting streets,
c. Location and dimension of all on-site structures and the location of
any structures within fifteen feet (15') of the subject property or
which may be affected by the proposed work,
d. Accurate existing and proposed contour lines drawn at five foot
(5'), or less, intervals showing existing ground and details of
terrain and area drainage to include surrounding off-site contours
within one hundred feet (100') ofthe site,
e. Location of natural drainage systems, including perennial and
intermittent streams, the presence of bordering vegetation, and
flood plains.
£ Setback areas and any areas not to be disturbed,
g. Finished contours drawn at five foot (5') intervals as a result of
grading,
h. Proposed drainage channels and related construction with
associated underground storm lines sized and connections shown,
and
1. General notes addressing the following (may be listed on cover
sheet):
(1) Area in square feet ofthe entire property.
(2) Area of work in square feet.
(3) Both the number of tons and cubic yards of soil to be
added, removed, or relocated.
( 4) Type and location of fill origin, and destination of any soil
to be removed from site.
(5) Finished floor elevation(s) of all structures, existing and
proposed.
SECTION XX. Section 4-8-120.D.8, Definitions H, of Chapter 8, Permits and Decisions,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding the following
92
ORDINANCE NO. 4 8 3 5
definition which reads as follows:
Habitat Data Report: Habitat data reports include:
a. Site Plan: The site plan shall indicate:
( 1) The vegetative cover types reflecting the general
boundaries ofthe different plant communities on the site.
(2) The exact locations and specifications for all activities
associated with site development including the type, extent
and method of operations
(3) Top view and typical cross-section views of critical
habitat/wildlife habitat to scale.
(4) The results of searches ofthe State Department ofFish and
Wildlife's Natural Heritage and Non-Game Data System
databases.
(5) The results of searches ofthe Washington State Department
ofFish and Wildlife Priority Habitat and Species database.
b. Narrative Report: A narrative report shall be prepared to
accompany the site plan which describes:
(1) The layers, diversity and variety of habitat found on the
site.
(2) The location of any migration or movement corridors.
(3) The species typically associated with the cover types,
including an identification of any critical wildlife species
that might be expected to be found.
(4) Identification of any areas that have been previously
disturbed or degraded by human activity or natural
processes.
(5) A summary of existing habitat functions and values,
utilizing a habitat evaluation procedure or methodology
approved by the City.
(6) A summary of proposed habitat alterations and impacts and
proposed habitat management program. Potential impacts
may include but are not limited to clearing of vegetation,
fragmentation of wildlife habitat, expected decrease in
species diversity or quantity, changes in water quality,
93
ORDINANCE NO. 4835
-----
increases in human intrusion, and impacts on wetlands or
water resources.
SECTION XXI. Section 4-8-120.D.12, Defmitions L, of Chapter 8, Permits and Decisions,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding the following
definitions which read as follows:
Letter of Conformance with Geotechnical Report: A letter submitted by the applicant
stating structural plans were prepared consistent with the fmdings of the geotechnical
report and stamped by a structural engineer. The plans and specifications shall be
accompanied by a letter from the Geotechnical Engineer who prepared the geotechnical
report stating that in his or her judgment, the plans and specifications conform to the
recommendations in the geotechnical report and the risk of damage to the proposed
development site and downslope properties from potentially hazardous conditions will be
minimal subject to the conditions set forth in the report.
Letter of Understanding Geologic Risk: The applicant, or the owner of the site, shall
submit a letter to the City, with the plans and specifications, stating that he or she
understands and accepts the risk of developing in an unstable area and that he or she will
advise, in writing, any prospective purchasers of the site, or any prospective purchasers of
structures or portions of structures on the site, of the unstable potential of the area.
SECTION XXII. The following defmition in section 4-8-120.D.13, Defmitions M, of
Chapter 8, Permits and Decisions, of Title 4 (Development Regulations), of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby
amended to read as follows:
Map of Existing Site Conditions: A plan drawn at the same scale as, or combined with,
the grading plan or topography map showing existing topographical or five foot (5')
contours or less, and structural and natural features. The plan shall include major trees,
shrubs, large rocks, creeks and watersheds, floodplains, buildings, roadways and trails.
SECTION XXIIl. Section 4-8-120.D.14, Defmitions N, of Chapter 8, Permits and
Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended by adding the
following defmition which reads as follows:
94
ORDINANCE NO. 4 8 3 5
-----
Notation of Geologic Risk by Engineer: A letter of notation on the design drawings
prepared by a structural engineer and submitted at the time of the permit application
stating that he or she has reviewed the geotechnical report, understands its
recommendations, has explained or has had explained to the owner the risks of loss due
to earth movement on the site, and has incorporated into the design the recommendations
of the geotechnical report and established measures to reduce the potential risk of injury
or damage that might be caused by any earth movement predicted in the report.
SECTION XXIV. Section 4-8-120 .D .16, Defmitions P, of Chapter 8, Permits and
Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended by adding a new
subsection k which reads as follows, and renumbering the remaining subsections:
k. Flood hazard information and boundary on the subdivision
drawing including the nature, location, dimensions, and elevations
ofthe subdivided area.
SECTION XXV. Section 4-8-120.D.16, Defmitions P, of Chapter 8, Permits and Decisions,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding the following
definition which reads as follows:
Project Narrative, Routine Vegetation Management: A project narrative report shall
include the following elements:
a. A time schedule for all mechanical equipment activities or routine
vegetation management activities.
b. A plan for the specific work to be performed.
c. For routine vegetation management on undeveloped properties, the
narrative shall include:
( 1) Standards and criteria to be used for routine tree trimming
and tree topping;
(2) Standards and criteria to be used for ground cover
management; and
(3) Standards and criteria to be used in determining the
location for use of chemicals including insecticides and
herbicides.
95
SECTION XXVI.
ORDINANCE NO. 4 8 3 5
d. For use of mechanical equipment the narrative shall include:
(1) The type of equipment to be used.
(2) A description of the specific work to be accomplished
using the equipment.
(3) The measures proposed to protect the site and adjacent
properties from the potential adverse impacts of the
proposed work and equipment operation.
The following definition in section 4-8-120.D.19, Defmitions S, of
Chapter 8, Permits and Decisions, ofTitle 4 (Development Regulations), of Ordinance No. 4260
entitled "Code of General Ordinances ofthe City ofRenton, Washington" is hereby amended to
read as follows:
Short Plat Map, Preliminary: A fully dimensioned plan, drawn at a scale of one inch
equals forty feet (1" = 40') on an eighteen inch by twenty four inch (18" x 24") plan sheet
(or other size or scale approved by the Development Services Division Director) and
including the following information:
a. Name ofthe proposed short plat (and space for the future City file
number),
b. Names and addresses of the engineer, licensed land surveyor, and
all property owners,
c. Legal description ofthe property,
d. Date, graphic scale, and north arrow oriented to the top of the
paper/plan sheet,
e. Vicinity map (a reduced version of the "neighborhood detail map"
as defined above),
£ A drawing of the subject property with all existing and proposed
property lines dimensioned, indicating the required yards
(setbacks) with dashed lines,
g. Location of the subject site with respect to the nearest street
intersections (including intersections opposite the subject
property), alleys and other rights-of-way, showing how access will
be provided to all lots,
h. Names, locations, widths and other dimensions of existing and
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ORDINANCE NO. 4 8 3 5
proposed streets, alleys, easements, parks, open spaces and
reservations,
1. Contours and elevations at minimum five foot (5') vertical intervals
to the extent necessary to predict drainage characteristics of the
property. Approximate, estimated contour lines shall be extended
at least one hundred feet (100') beyond the boundaries of the
proposed short plat,
J. Location and dimensions of any existing and proposed structures,
existing on-site trees, existing or proposed fencing or retaining
walls, freestanding signs, and easements,
k. Location of existing conditions on or adjacent to the site which
could hinder development, and
I. Flood hazard information and boundary on the subdivision
drawing including the nature, location, dimensions, and elevations
ofthe subdivided area.
m. A legend listing the following included on the first sheet of the
short plat plan:
( 1) Short plat,
(2) Proposed number of lots,
(3) Zoning ofthe subject site,
(4) Proposed square footage in each lot, and
(5) Percentage of land in streets and open space.
SECTION XXVII. Section 4-8-120.D.19, Defmitions S, of Chapter 8, Permits and
Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended by adding the
following defmition which reads as follows:
Stream and Lake Data: Stream and Lake Data include the following information,
prepared as specified:
a. Field Location: The ordinary high water mark shall be flagged in
the field by a qualified consultant. The field flagging must be
accompanied by a stream or lake reconnaissance report.
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ORDINANCE NO. 4 8 3 5
b. Reconnaissance Report: The report shall include the following
information:
SECTION XXVIII.
(1) In addition to any submittal requirements in Chapter 4-8,
Permits and Decisions, the site map(s) shall indicate:
• The entire parcel of land owned by the applicant and the
ordinary high water mark determined in the field;
• Top view and typical cross-section views of the stream or
lake bed, banks, and buffers to scale;
• The vegetative cover of the stream or lake, banks, and the
site identification of the dominant plant and animal species;
(2) Stream or Lake Assessment: A narrative report shall be
prepared to accompany the site plan which describes:
• The vegetative cover of the stream or lake, banks, and the site,
identifying the dominant plant, fish, and animal species;
• If 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.
• If stream or lake or associated buffer changes are proposed, the
applicant shall evaluate alternative methods of developing the
property using the following criteria in this order:
A void any disturbances to the stream, lake or buffer;
Minimize any stream, lake or buffer impacts;
Compensate for any stream, lake or buffer impacts;
Restore any stream, lake or buffer area impacted or lost
temporarily; and
Enhance degraded stream or lake habitat to compensate for
lost functions and values.
• Any proposed alteration of lakes or stream shall be evaluated by
the Department Administrator using the above hierarchy.
The following definition in section 4-8-120.D.21, Defmitions U, of
Chapter 8, Permits and Decisions, ofTitle 4 (Development Regulations), of Ordinance No. 4260
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ORDINANCE NO. _4_8_3_5 __
entitled "Code of General Ordinances ofthe City ofRenton, Washington" is hereby amended to
read as follows:
Utilities Plan, Generalized: A plan drawn on twenty two inch by thirty four inch (22" x
34") plan sheets using a graphic scale of one inch equals forty feet (1" = 4G20') (or other
scale or size approved by the Development Services Division Plan Review Supervisor)
clearly showing all existing (to remain) and proposed public or private improvements to
be dedicated or sold to the public including, but not limited to: curbs, gutters, sidewalks,
median islands, street trees, frre hydrants, utility poles, refuse areas, freestanding lighting
fixtures, utility junction boxes, public utility transformers, etc., along the full property
frontage. The fmished floor elevations for each floor of proposed and existing (to remain)
structures shall be shown.
SECTION XXIX. The following defmition in section 4-8-120.D.23, Definitions W,
of Chapter 8, Permits and Decisions, of Title 4 (Development Regulations), of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby
amended to read as follows:
Wetland Report/Delineation: A wetland report/delineation includes the following:
a. A description of the project and maps at a scale no smaller than
one inch equals two hundred feet (1" = 200') showing the entire
parcel of land owned by the applicant and the wetland boundary
surveyed by a qualified wetlands ecologist, and pursuant to RMC
4-3-050.M.3;
b. A description of the vegetative cover of the wetland and adjacent
area including identification of the dominant plant and animal
species;
c. A site plan for the proposed activity at a scale no smaller than one
inch equals two hundred feet (1" = 200') showing the location,
width, depth and length of all existing and proposed structures,
roads, stormwater management facilities, sewage treatment and
installations within the wetland and its buffer;
d. The exact locations and specifications for all activities associated
with site development including the type, extent and method of
operations;
e. Elevations of the site and adjacent lands within the wetland and its
buffer at contour intervals of no greater than five feet (5') or at a
contour interval appropriate to the site topography and acceptable
to the City;
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ORDINANCE NO. 4 8 3 5
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.
1. Alternative Methods of Development: If wetland changes are
proposed, the applicant shall evaluate alternative methods of
developing the property using the following criteria in this order:
• A void any disturbances to the wetland or buffer;
• Minimize any wetland or buffer impacts;
• Compensate for any wetland or buffer impacts;
• Restore any wetlands or buffer impacted or lost temporarily; and
• Create new wetlands and buffers for those lost.
• In addition to restoring a wetland or creating a wetland, enhance an
existing degraded wetland to compensate for lost functions and values.
This evaluation shall be submitted 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 ofthis section.
Wetland Mitigation Plan -Preliminary: A preliminary wetland mitigation plan shall
include the following:
a. A conceptual site plan demonstrating sufficient area for
replacement ratios;
b. Proposed planting scheme for created, restored, and enhanced
wetlands;
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ORDINANCE NO. 4 8 3 5
c. Written report consistent with Final Wetland Mitigation Plan
requirements regarding Baseline Information, Environmental
Goals and Objectives, and Performance Standards.
Wetland Mitigation Plan-Final: A fmal wetland mitigation plan shall include:
a. 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.
b. Environmental Goals and Objectives: A written report by a
qualified wetland specialist shall be provided identifying goals and
objectives ofthe mitigation plan and describing:
(1) 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
(2) A review of the available literature and/or experience to
date in restoring or creating the type 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.
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ORDINANCE NO. 4 8 3 5
c. 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 e below, Monitoring Program.
An assessment of the project's 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.
d. Detailed Techniques 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 fmal 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
information as needed to determine the adequacy of a mitigation
plan.
e. 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:
(1) Establishing vegetation plots to track changes in plant
species composition and density over time;
(2) Using photo stations to evaluate vegetation community
response;
102
ORDINANCE NO. 4 8 3 5
(3) Sampling surface and subsurface waters to determine
pollutant loading, and changes from the natural variability
ofbackground conditions (pH, nutrients, heavy metals);
(4) Measuring base flow rates and storm water runoffto model
and evaluate hydrologic and water quality predictions;
( 5) Measuring sedimentation rates; and
( 6) Sampling fish and wildlife populations to determine habitat
utilization, species abundance and diversity.
(7) A description shall be included outlining how the
monitoring data will be evaluated by agencies that are
tracking the progress of the compensation project. A
monitoring report shall be submitted quarterly for the first
year and annually thereafter, and at a minimum, should
document milestones, successes, problems, and
contingency actions of the compensation project. The
compensation project shall be monitored for a period
necessary to establish that performance standards have
been met, but not for a period less than five ( 5) years.
f 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.
g. Permit Conditions: Any compensation project prepared for mitigation
pursuant to RMC 4-3-050.M, Wetlands, and approved by the City shall
become part of the application for project approval.
h. Demonstration of Competence: A demonstration of fmancial resources,
administrative, supervisory, and technical competence and scientific
expertise of sufficient standing to successfully execute the compensation
project shall be provided. A compensation project manager shall be
named and the qualifications of each team member involved in preparing
the mitigation plan and implementing and supervising the project shall be
provided, including educational background and areas of expertise,
training and experience with comparable projects.
SECTION XXX. Section 4-8-120.D., of Chapter 2, Land Use Districts, of Title 4
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances ofthe
City ofRenton, Washington" is hereby amended by adding Table 18 which reads as follows:
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DELIBERATELY LEFT BLANK
104
1
2
1.
2.
3.
4.
5.
ORDINANCE NO. 4 8 3 5
SECTION RMC 4-8-120.D, TABLE 18
GEOTECHNICAL REPORT-DETAILED REQUIREMENTS
REPORT STEEP LAND· LAND-LAND-HIGH SEISMIC
PREPARATION/ SLOPES SLIDE-SLIDE· SLIDE-EROSION
CONTENT MEDIUM HIGH VERY
REQUIREMENTS HIGH
Characterize soils, X X X X X X
geology and
drainage;
Describe and X X X X X X
depict all natural
and man-made
features within 150
feet of the site
boundary;
Identify any areas X X X X X X
that have
previously been
disturbed or
degraded by
human activity or
natural processes;
Characterize X X X X X X
groundwater
conditions including
the presence of any
public or private
wells within one-
quarter mile of the
site.
Provide a site X X X X X X
evaluation review
of available
information
105
COAL COAL
MINE-MINE-
MEDIUM HIGH
X X
X X
X X
X X
X X
-
ORDINANCE NO. 4835
REPORT STEEP LAND-LAND-LAND-HIGH SEISMIC COAL COAL
PREPARATION/ SLOPES SLIDE-SLIDE-SLIDE-EROSION MINE-MINE-
CONTENT MEDIUM HIGH VERY MEDIUM HIGH
REQUIREMENTS HIGH
regarding the site.
6. Conduct a surface X X X X X X X X
reconnaissance of
the site and
adjacent areas.
7. Conduct a X X X X X X X X
subsurface
exploration of soils
and hydrologic
conditions.
8. Provide a slope X X X X X X X
stability analysis.
9. Address principles X X X X X X X
of erosion control in
proposal design
including:
• Plan the
development to fit
the topography,
drainage patterns,
soils and natural
vegetation on site.
• Minimize the extent
of the area
exposed at one
time and the
duration of the
exposure.
• Stabilize and
106
ORDINANCE NO. 4 8 3 5
REPORT STEEP LAND-LAND-LAND-HIGH SEISMIC COAL COAL
PREPARATION/ SLOPES SLIDE-SLIDE-SLIDE-EROSION MINE-MINE-
CONTENT MEDIUM HIGH VERY MEDIUM HIGH
REQUIREMENTS HIGH
protect disturbed
areas as soon as
possible.
• Keep runoff
velocities low.
• Protect disturbed
areas from
stormwater runoff.
• Retain the
sediment within the
site area.
• Design a thorough
maintenance and
follow-up inspection
program to ensure
erosion control
practices are
effective.
10. Provide an X
evaluation of site
response and
liquefaction
potential relative to
the proposed
development.
11. Conduct sufficient X
subsurface
exploration to
provide a site
coefficient (S) for
use in the Uniform
Building Code to
the satisfaction of
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ORDINANCE NO. 4835
REPORT STEEP LAND- LAND-LAND-HIGH SEISMIC COAL COAL
PREPARATION/ SLOPES SLIDE-SLIDE-SLIDE-EROSION MINE-MINE-
CONTENT MEDIUM HIGH VERY MEDIUM HIGH
REQUIREMENTS HIGH
the Building
Official.
12. Calculate tilts and X X
strains, and
determine
appropriate design
values for the
building site
13. Review available X X
geologic hazard
maps, mine maps,
mine hazard maps,
and air
photographs to
identify any
subsidence
features or mine
hazards including,
but not limited to,
surface
depressions,
sinkholes, mine
shafts, mine
entries, coal mine
waste dumps, and
any indication of
combustion in
underground
workings or coal
mine waste dumps
that are present on
or within one
hundred feet (100')
of the property.
-·-----
108
ORDINANCE NO. 4 8 3 5
REPORT STEEP LAND- LAND-LAND-HIGH SEISMIC COAL COAL
PREPARATION/ SLOPES SLIDE-SLIDE-SLIDE-EROSION MINE-MINE-
CONTENT MEDIUM HIGH VERY MEDIUM HIGH
REQUIREMENTS HIGH
14. Inspect, review and X X
document any
possible mine
openings and
potential trough
subsidence, and
any known hazards
previously
documented or
identified.
15. Utilize test pits to X X
investigate coal
mine waste dumps
and other shallow
hazards such as
slope entry portals
and shaft collar
areas. Drilling is
required for coal
mine workings or
other hazards that
cannot be
adequately
investigated by
surface
investigations.
16. Provide an analysis X X X X X X X X
of proposed
clearing, grading
and construction
activities including
construction
scheduling.
Analyze potential
direct and indirect
__ on-site ancj_ off-site
------------------------·· -------I
109
ORDINANCE NO. 4835
REPORT STEEP LAND-LAND-LAND-HIGH SEISMIC COAL COAL
PREPARATION/ SLOPES SLIDE-SLIDE-SLIDE-EROSION MINE-MINE-
CONTENT MEDIUM HIGH VERY MEDIUM HIGH
REQUIREMENTS HIGH
impacts from
development.
17. Propose mitigation X X X X X X X X
measures, such as I
any special
construction
techniques,
monitoring or
inspection
programs, erosion
or sedimentation
programs during
I and after
construction,
surface water
I management
controls, buffers,
remediation,
stabilization, etc.
3 Note: An "X" indicates that the requirement applies in the identified critical area.
4
110
ORDINANCE NO. 4 8 3 5
SECTION XXXI. Section 4-9-070.A, of Chapter 9, Procedures and Review Criteria,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
A. PURPOSE:
The City, recognizing that man depends on his biological and physical surroundings for
food, shelter and other needs, and for cultural enrichment as well, and recognizing further the
profound impact of man's activity on the interrelations of all components of the natural
environment, particularly the profound influences of population growth, high density
urbanization, industrial expansions, resource utilization and exploitation and new and expanding
technological advances, and recognizing further the critical importance of restoring and
maintaining environmental quality to the overall welfare and development of man, declares that
it is the continuing policy of the City, in cooperation with Federal, State and other local
governments and in cooperation with other concerned public and private organizations, to use all
practicable means and measures in a manner calculated to foster and promote the general
welfare, to create and maintain conditions under which man and nature can exist in productive
harmony, and fulfill the social, economic and other requirements of present and future
generations of Washington citizens.
In order to carry out the policy set forth in this section, it is the continuing responsibility
of the City to use all practicable means, consistent with other essential considerations of State
and City policies, to improve and coordinate plans, functions, programs and resources to the
end that the State and its citizens may:
1. Fulfill the responsibilities of each generation as trustees of the
environment for succeeding generations;
2. Assure for all people of Washington safe, healthful, productive and
aesthetically and culturally pleasing surroundings;
3. Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, or other undesirable and unintended
consequences;
4. Preserve important historic, cultural and natural aspects of our national
heritage;
5. Maintain, wherever possible, an environment which supports diversity and
variety of individual choice;
6. Achieve a balance between population and resource use which will permit
high standards ofliving and a wide sharing oflife's amenities; and
7. Enhance the quality of renewable resources and approach the maximum
111
ORDINANCE NO. 4 8 3 5
attainable recycling of depletable resources.
The City recognizes that each person has a fundamental and inalienable right to a
healthful environment and that each person has a responsibility to contribute to the preservation
and enhancement ofthe environment.
SECTION XXXII. Section 4-9-070 of Chapter 9, Procedures and Review Criteria, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by inserting a new section J
which reads as follows, and renumbering the remaining sections accordingly:
J. ENVIRONMENTALLY SENSITIVE AREAS/INAPPLICABLE
EXEMPTIONS
1. Maps Depicting Environmentally Critical Areas and Critical Area
Designation:
a. Maps Adopted by Reference: The map(s) under Ordinance No.
3891 designate the location of environmentally critical areas within
the City and are adopted by reference. These include greenbelts
designated in the Comprehensive Plan, conservancy and natural
environments of the Shoreline Master Program and the one
hundred (100) year floodway mapped under the Federal Flood
Insurance Program.
b. Critical Areas Designated: Wetlands as mapped and identified in
the City Critical Areas Inventory of Wetlands are designated as
environmentally critical areas pursuant to the State Environmental
Policy Act, WAC 197-11-908.
2. Inapplicable State Environmental Policy Act (SEPA) Exemptions:
a. General: Certain exemptions do not apply on lands covered by
water, and this remains true regardless of whether or not lands
covered by water are mapped.
b. Environmentally Critical Areas: For each environmentally critical
area, the exemptions within WAC 197-11-800 that are inapplicable
for that area are:
WAC 197-11-800(1)
WAC 197 -11-800(2)( d, e, g)
WAC 197-ll-800(6)(a)
WAC 197-11-800(24)(a, b, c, d, f, g)
WAC 197-11-800(25)([, h)
c. Wetlands: The following SEP A categorical exemptions shall not
112
ORDINANCE NO. 4 8 3 5
apply to wetlands:
WAC 197-11-800(1)
WAC 197-11-800(2)
WAC 197-11-800(3)
WAC 197-11-800(4)
WAC 197-11-800(6)
WAC 197-11-800(8)
WAC 197-11-800(25)
Unidentified exemptions shall continue to apply within environmentally
critical areas ofthe City.
3. Threshold Determinations for Proposals Located within
Environmentally Sensitive Areas: The City shall treat proposals located
wholly or partially within an environmentally sensitive area no differently
than other proposals under this section, making a threshold determination
for all such proposals. The City shall not automatically require an EIS for
a proposal merely because it is proposed for location in an
environmentally sensitive area.
SECTION XXXIII. Subsection 4-9-070.0.2.c of Chapter 9, Procedures and Review
Criteria, ofTitle 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City ofRenton, Washington" is hereby amended to read as follows:
c. The City adopts, by reference, the policies in the following City
codes, ordinances, resolutions and plans as they currently appear
and as hereafter amended:
1976-Planning Commission
1976-Cedar River Master Plan
1983-Comprehensive Solid Waste Management Plan
1984-Green River Valley Plan
1987 -Subdivision Regulations
1987 -Fire Department Master Plan
1988 -Airport Master Plan
1990 -Parking Regulations
1990 -King County Stormwater Management Manual
1990-Comprehensive Water System Plan
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ORDINANCE NO. 4 8 3 5
1991 -Uniform Fire Code
1991 -Uniform Mechanical Code
1991 -Uniform Building Code
1991-Uniform Housing Code
1992 -Uniform Electrical Code
1992 -Comprehensive Park, Recreation and Open Space Plan
1992-Long Range Wastewater Management Plan
1992 -King County Comprehensive Housing Affordability Strategy
(CHAS)
1992 -Aquifer Protection Regulations
1992 -Grading, Excavation and Mining Regulations
1992 -Land Clearing and Tree Cutting Regulations
1993 -Shoreline Master Program
1993 -King County Solid Waste Management Plan
1993-Barrier-Free Regulations
1994 -Countywide Planning Policies
1994 -Six-Year Transportation Improvement Plan
1994 -Zoning Code and Areawide Zoning
1994 -Street Arterial Plan
1994 -State Energy Code
1994-Traffic Mitigation Resolution and Fee
1994-Parks Mitigation Resolution and Fee
1994-Fire Mitigation Resolution and Fee
1995 -Comprehensive Plan
2000 --Critical Areas Regulation
SECTION XXXIV. Section 4-9-250.B of Chapter 9, Procedures and Review Criteria,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
B. VARIANCE PROCEDURES:
1. Authority and Applicability:
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a. Hearing Examiner Variances: The Hearing Examiner shall have
the authority to grant variances from the provisions of this Title
where the proposed development requires or required any permit
or approval as set forth in RMC 4-1-050.H., Review Authority for
Multiple Permit Applications.
(1) Proposals Located Within Critical Areas -Flood
Hazards: The Board of Adjustment or the Hearing
Examiner, whichever is afforded jurisdiction under the
provisions ofRMC 4-1-050D.l. or F.l. ofthe City Code, as
amended, shall hear and decide requests for variances from
the flood hazard requirements of RMC 4-3-050, Critical
Areas Regulations.
(2) Proposals Located Within Critical Areas -Geologic
Hazards, Habitat Conservation, and Wetlands: The
Hearing Examiner shall have the authority to grant
variances from Critical Areas Regulations as follows:
• Wetlands: Buffer width reductions not otherwise
authorized by RMC 4-3-050.M.6.e and f-Category 1 or 2.
• General: Public/quasi-public utility or agency proposing to
alter Geologic Hazard, Habitat or Wetlands Regulations not
listed above or as an Administrative Variance.
b. Board of Adjustment Variances: The Board of Adjustment
shall have authority to grant variances from the provisions of this
Title upon application to the Development Services Division where
no approval or permit is required for the proposed development
which must be granted by the Hearing Examiner pursuant to RMC
4-1-050.H. The Board of Adjustment shall have no authority to
vary the terms or conditions of any permit, recommendation or
decision issued by the Hearing Examiner.
(1) Proposals Located Within Critical Areas -Flood
Hazards:
The Board of Adjustment or the Hearing Examiner, whichever is
afforded jurisdiction under the provisions of RMC 4-1-050.0.1. or
F.1. of the City Code, as amended, shall hear and decide requests
for variances from the flood hazard requirements ofRMC 4-3-050
c. Administrative Variances: The Planning/Building/Public Works
Administrator or his/her designee, shall have the authority to grant
variances from the following development standards when no other
permit or approval requires Hearing Examiner Review:
(1) Residential Land Uses: Lot width, lot depth, setbacks,
allowed projections into setbacks, and lot coverage; and
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(2) Commercial and Industrial Land Uses: Screening of
surface mounted equipment and screening of roof-mounted
equipment.
(3) Proposals Located Within Critical Areas -Geologic
Hazards, Habitat Conservation, and Wetlands:
• Steep Slopes 40% or Greater and Very High Landslide Hazards:
The construction of one single family home on a pre-existing
platted lot.
• Wetlands:
-Creation/restoration/enhancement ratios: Categories 1 and 2.
-Buffer width reductions not otherwise authorized by RMC 4-3-
050.M.6.e and f-Category 3.
- A new or expanded single family residence on an existing,
legal lot, having a regulated Category 3 wetland.
SECTION XXXV. The lead in paragraph to section 4-9-250.B.5 and subsection B.5.d
of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"
are hereby amended to read as follows:
5. Decision Criteria: Except for variances from Critical Areas Regulations,
the Reviewing Official shall have authority to grant a variance upon
making a determination in writing that the conditions specified below have
been found to exist:
d. That the approval as determined by the Reviewing Official is a
minimum variance that will accomplish the desired purpose.
SECTION XXXVI. Section 4-9-250.B of Chapter 9, Procedures and Review Criteria,
of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances ofthe City ofRenton, Washington" is hereby amended by inserting a new section 6
which reads as follows, and renumbering the remaining sections accordingly:
6. Special Review Criteria -Reasonable Use Variance-Critical Areas
Regulations Only: For variance requests related to the Critical Areas
Regulations not subject to subsections B. 7 to B.1 0 below, the Reviewing
Official may grant a Reasonable Use Variance if all of the following
criteria are met:
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a. That the granting of the variance will not be materially detrimental
to the public welfare or injurious to the property or improvements
in the vicinity and zone in which subject property is situated.
b. There is no reasonable use of the property left if the requested
variance is not granted.
c. The variance granted is the minimum amount necessary to
accommodate the proposal objectives.
d. The need for the variance is not the result of actions of the
applicant or property owner.
SECTION XXXVII. Subsections 4-9-250.B. 7 through B.16 of Chapter 9, Procedures
and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled
"Code of General Ordinances ofthe City ofRenton, Washington" are hereby amended to read as
follows:
7. Special Review Criteria for Variances from the Aquifer Protection
Regulations: See Chapter 8-8 RMC. The criteria in 8-8 RMC are in lieu
of those criteria in RMC 4-9-250.B.5. and 6 above.
8. Special Review Criteria for Variances from Flood Hazard
Requirements in the Critical Areas Regulations: In lieu ofthe variance
criteria of RMC 4-9-250.B.5 above, the following directives and criteria
shall be utilized by the Board of Adjustment or Hearing Examiner in the
review of variance applications related to the Flood Hazard requirements
of the Critical Areas Regulations:
a. Purpose and Intent: Variances, as interpreted in the national
flood insurance program, are based on the general zoning law
principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its
inhabitants, economic or financial circumstances. They primarily
address small lots in densely populated residential neighborhoods.
As such, variances from the flood elevations should be quite rare.
b. Applicability-Conditions for Variance:
(1) Generally, the only condition under which a variance from
the elevation standard may be issued is for new
construction and substantial improvements to be erected on
a lot of one-half (1/2) acre or less in size contiguous to and
surrounded by lots with existing structures constructed
below the base flood level, provided criteria in RMC 4-9-
250.B.8.d. have been fully considered. As the lot size
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increases the technical justification required for issuing the
variance increases.
(2) Variances may be issued for nonresidential buildings in
very limited circumstances to allow a lesser degree of
floodproofmg than watertight or dry-floodproofing, where
it can be determined that such action will have low damage
potential, complies with all other variance criteria except
RMC 4-9-250.B.8.b., and otherwise complies with RMC 4-
3-050.1.2.a. and b. ofthe General Standards.
(3) Variances may be issued for the reconstruction,
rehabilitation, or restoration of structures listed in the
National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
forth in this section.
c. Review Authority: The Board of Adjustment or the Hearing
Examiner, whichever is afforded jurisdiction under the provisions
ofRMC 4-1-050.0.1. and F.l. ofthe City Code, as amended, shall
hear and decide requests for variances from the requirements of
this section.
d. Review Criteria: In passing upon such an application for a
variance, the Hearing Examiner or Board of Adjustment, as the
case may be, shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this section; and:
( 1) The danger that materials may be swept onto other lands to
the injury of others.
(2) The danger to life and property due to flooding or erosion
damage;
(3) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner;
( 4) The importance of the services provided by the proposed
facility to the community;
(5) The necessity to the facility of a waterfront location, where
applicable;
( 6) The availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and
anticipated development;
(8) The relationship of the proposed use to the comprehensive
plan and flood plain management program for that area;
(9) The safety of access to the property in times of flood for
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ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of
wave action, if applicable, expected at the site; and,
(11) The costs of providing governmental services during and
after flood conditions, including maintenance and repair of
public utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
e. Requirements for Variance Approval:
( 1) Variances shall not be issued within a designated floodway
if any increase in flood levels during the base flood
discharge would result.
(2) Variances shall only be issued upon:
• A showing of good and sufficient cause;
• A determination that failure to grant the vartance would result in
exceptional hardship to the applicant;
• A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or
ordinances.
A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief
£ Conditions of Approval: Upon consideration of the factors of
RMC 4-9-250.B.8.d. and e. above, and the purposes of this section,
the Hearing Examiner or Board of Adjustment, as the case may be,
may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this section.
g. Notice Required Upon Variance Approval: Any applicant to
whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the
reduced lowest floor elevation
h. Records: The Department Administrator or his/her designee, the
Building Official shall maintain the records of all variance actions
and report any variances to the Federal Insurance Administration
upon request.
9. Special Review Criteria-Single Family Residence on a Legal Lot with
a Category 3 Wetland: In lieu of the criteria shown in RMC 4-9-250.B.5
and 6, a variance may be granted from any wetland requirement in the
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Critical Areas Regulations for a single family residence to be located on
an existing legal lot if all of the following criteria are met.
a. The proposal is the minimum necessary to accommodate the
building footprint and access. In no case, however, shall the
impervious surface exceed 5,000 square feet, including access.
Otherwise the alteration shall be reviewed as a Hearing Examiner
Variance and subject to the review criteria ofRMC 4-9-250.B.6.
b. Access is located so as to have the least impact on the wetland and
its buffer.
c. The proposal preserves the functions and values of the wetlands to
the maximum extent possible.
d. The proposal includes on-site mitigation to the maximum extent
possible.
e. The proposal first develops non-wetland area, then the wetland
buffer, before the wetland area itself is developed.
f. The proposed activities will not jeopardize the continued existence
of endangered, threatened or sensitive species as listed by the
Federal government or the State; and
g. The inability to derive reasonable economic use of the property is
not the result of actions segregating or dividing the property and
creating the undevelopable condition after the effective date of this
section.
10. Special Review Criteria -Public/Quasi-Public Utility or Agency
Altering Geologic Hazard, Habitat, or Wetland Regulations: In lieu
ofthe variance criteria ofRMC 4-9-250.B.5, applications by public/quasi-
public utilities or agencies proposing to alter Geologic Hazard, Habitat,
Stream and Lake or Wetland Regulations shall be reviewed for
compliance with all of the following criteria:
a. Public policies have been evaluated and it has been determined by
the Department Administrator that the public's health, safety, and
welfare is best served;
b. Each facility must conform to the Comprehensive Land Use Plan
and with any adopted public programs and policies;
c. Each facility must serve established, identified public needs; and
d. No practical alternative exists to meet the needs.
e. The proposed action takes affirmative and appropriate measures to
minimize and compensate for unavoidable impacts.;
£ The proposed activity results in no net loss of regulated wetland
area, value, or function in the drainage basin where the wetland is
located;
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g. The proposed activities will not jeopardize the continued existence
of endangered, threatened or sensitive species as listed by the
Federal government or the State; and
h. The approval as determined by the Hearing Examiner IS a
minimum variance that will accomplish the desired purpose.
11. Continuation Of Public Hearing: If for any reason testimony in any
manner set for public hearing, or being heard, cannot be completed on date
set for such hearing, the person presiding at such public hearing or
meeting may, before adjournment or recess of such matters under
consideration, publicly announce the time and place to and at which said
meeting will be continued, and no further notice of any kind shall be
required.
12. Board Of Adjustment Decision Process:
a. Board of Adjustment shall Announce Findings and Decisions:
Not more than thirty (30) days after the termination of the
proceedings of the public hearing on any variance, the Board of
Adjustment shall announce its fmdings and decision. If a variance
is granted, the record shall show such conditions and limitations in
writing as the Board of Adjustment may impose.
b. Notice of Decision of Board of Adjustment: Following the
rendering of a decision on a variance application, a copy of the
written order by the Board of Adjustment shall be mailed to the
applicant at the address shown on the application and filed with the
Board of Adjustment and to any other person who requests a copy
thereof.
c. Reconsideration: (Reserved)
d. Record of Decision: Whenever a variance is approved by the
Board of Adjustment, the Building Department shall forthwith
make an appropriate record and shall inform the administrative
department having jurisdiction over the matter.
13. Conditions Of Approval: The Reviewing Official may prescribe any
conditions upon the variance deemed to be necessary and required.
14. Finalization: (Reserved)
15. Expiration Of Variance Approval:
a. General: Any variance granted by the Reviewing Official, unless
otherwise specified in writing, shall become null and void and in
the event that the applicant or owner of the subject property for
which a variance has been requested has failed to commence
construction or otherwise implement effectively the variance
granted within a period of two (2) years after such variance has
been issued.
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b. Critical Areas Regulation Variances: Any variance granted by
the Reviewing Official, unless otherwise specified in writing, shall
become null and void in the event that the applicant or owner of
the subject property for which a variance has been requested has
failed to commence construction or otherwise implement
effectively the variance granted within a period of two (2) years
after such a variance has been issued. For proper cause shown, an
applicant may petition the Reviewing Official 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.
16. Extension Of Approval: For proper cause shown, an applicant may
petition the Reviewing Official for an extension of the two (2) year period,
specifying the reasons therefor. The Reviewing Official may extend the
time limit, but such extension shall not exceed one additional year in any
event.
SECTION XXXVIII. Section 4-1 0-01 0, of Chapter 10, Nonconforming
Structures, Uses and Lots, ofTitle 4 (Development Regulations), of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington" is hereby amended by
inserting a new section which reads as follows:
G. CRITICAL AREAS REGULATIONS -NONCONFORMING ACTIVITIES
AND STRUCTURES: A legally nonconforming, regulated activity or structure that was in
existence or approved or vested prior to the passage of the Critical Area Regulations, RMC 4-3-
050, and to which significant economic resources have been committed pursuant to such
approval but which is not in conformity with the provisions ofRMC 4-3-050 may be continued
provided that:
1. No such legal nonconforming activity or structure shall be expanded,
changed, enlarged or altered in any way that infringes further on the
critical area that increases the extent of its nonconformity with this section
without a permit issued pursuant to the provisions ofRMC 4-3-050;
2. Except for cases of on-going agricultural uses, if a nonconforming activity
is discontinued pursuant to RMC 4-10-010 C and D, any resumption of the
activity shall conform to this section;
3. Except for cases of on-going agricultural use, if a nonconforming 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 ofRMC 4-3-050;
4. Activities or adjuncts thereof that are or become nuisances shall not be
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entitled to continue as nonconforming activities.
SECTION XXXIX. Section 4-11-010, Definitions A, of Chapter 11, Definitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding deleting the
following defmitions:
ALLOWED ACTIVITIES.
AREA OF SPECIAL FLOOD HAZARD.
SECTION XL. Section 4-11-020, Defmitions B, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
defmitions to read as follows:
BEST MANAGEMENT PRACTICES, WETLANDS: Conservation practices or systems of
practices and management measures that:
Control soil loss and reduce water quality degradation caused by nutrients, animal waste,
toxins and sediment;
Minimize adverse impacts to surface water and groundwater flow, circulation patterns,
and to the chemical, physical and biological characteristics of wetlands; and
Includes allowing proper use and storage of fertilizers/pesticides.
BUFFER, CRITICAL AREA: A naturally vegetated and undisturbed , enhanced, or
revegetated areas that surrounds and protects a critical area from adverse impacts to its functions
and values, and/or which protects adjacent developed areas from potentially hazardous
conditions.
SECTION XLI. Section 4-11-030, Defmitions C, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
defmition to read as follows:
COMPENSATORY MITIGATION: Replacing project-induced wetland losses or impacts,
and includes, but is not limited to wetlands restoration and creation, and wetland enhancement in
conjunction with wetlands restoration or creation.
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SECTION XLII. Section 4-11-030, Defmitions C, of Chapter II, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding the following
defmition which reads as follows:
CRITICAL HABITAT, OR CRITICAL WILDLIFE HABITAT: Habitat areas associated
with threatened, endangered, sensitive, monitor, or priority species of plans or wildlife and
which, if altered, could reduce the likelihood that the species will maintain and reproduce over
the long term. See also RMC 4-3-050.B.5.b.
SECTION XLIII. Section 4-11-040, Defmitions D, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
defmitions to read as follows:
DENSITY, NET: A calculation of the number of housing units and/or lots that would be
allowed on a property after critical areas and public rights-of-way except alleys, and legally
recorded private access easements serving three or more dwelling units are subtracted from the
gross area (gross acres minus streets and critical areas multiplied by allowable housing units per
acre). Required critical area buffers shall not be subtracted from gross acres for the purpose of
net density calculations.
DEVELOPMENT PERMIT: Written permission after appropriate review for type of
application from the appropriate decision-maker authorizing the division of a parcel of land, the
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any
structure, utility, or any use or extension of the use ofthe land.
SECTION XLIV. Section 4-11-050, Definitions E, of Chapter 11, Definitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding the following
defmitions which read as follows:
EASEMENT: A grant by the property owner of the use or protection of a piece of land by the
public, corporation, or persons for specific purposes.
EASEMENT, CONSERVATION: A easement held by the City, a public or non-profit entity
approved by the City for the express purpose of protecting and conserving critical areas and their
buffers in accordance with the provisions of the Renton Municipal Code.
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EASEMENT, PROTECTIVE: An easement held by the property owner for the express
purpose of protecting critical areas and their buffers in accordance with the provisions of the
Renton Municipal Code.
ENHANCEMENT, WETLANDS: Actions performed to improve the functioning of an
existing wetland but which do not increase the area of a wetland. Enhancement is allowed only
in conjunction with wetland restoration or creation.
SECTION XLV. Section 4-11-060, Defmitions F, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by deleting the following
defmition:
FEDERAL MANUAL FOR IDENTIFYING AND DELINEATING JURISDICTIONAL
WETLANDS.
SECTION XL VI. Section 4-11-070, Defmitions G, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
defmition to read as follows:
GEOLOGICALLY HAZARDOUS AREAS: Areas which may be prone to one or more ofthe
following conditions: erosion, flooding, landslides, coal mine hazards, or seismic activity. Refer
to RMC 4-3-050.B.4.
SECTION XLVII. Section 4-11-080, Defmitions H, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding the following
definition which reads as follows:
HILLSIDE: means an inclined landform which may include one or more classes of slope: steep
(sensitive and/or protected) and non-steep (i.e., less than 25%).
SECTION XLVIII. Section 4-11-120, Defmitions L, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
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definition to read as follows:
LAKES: Natural or artificial bodies of water oftwo (2) or more acres and/or where the deepest
part of the basin at low water exceeds two (2) meters (6.6 feet). Artificial bodies of water with a
recirculation system approved by the Planning/Building/Public Works Department are not
included in this definition.
SECTION XLIX. Section 4-11-120, Definitions L, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by deleting the following
defmition:
LIMITED DENSITY CREDIT TRANSFER.
SECTION L. Section 4-11-120, Defmitions L, of Chapter 11, Defmitions, of Title 4
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances ofthe
City ofRenton, Washington" is hereby amended by adding the following defmition which reads
as follows:
LOW IMPACT LAND USE: Land uses which are not likely to have a significant adverse
impact on critical areas because of the intensity of the use, levels of human activity, use of
machinery or chemicals, site design or arrangement of buildings and structures, incorporation of
mitigation measures, or other factors.
SECTION LI. Section 4-11-130, Defmitions M, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
definitions to read as follows:
MECHANICAL EQUIPMENT: Includes all motorized equipment used for earth moving,
trenching, excavation, gardening, landscaping, and general property maintenance exceeding
twenty seven (27) horsepower in size.
MITIGATION BANK: Mitigation banks are defined as sites which may be used for
restoration, creation and/or mitigation of wetlands altered on a different piece of property than
the property to be altered within the same drainage basin.
SECTION LII. Section 4-11-160, Definitions P, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
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Ordinances of the City of Renton, Washington" is hereby amended by adding the following
definition which reads as follows:
PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern as
identified by the Washington State Department of Wildlife Priority Habitat and Species program.
"Priority habitats" are habitat types with unique or significant value to many species. An area
classified and mapped as priority habitat must have one or more of the following attributes:
A. Comparatively high fish and wildlife density.
B. Comparatively high fish and wildlife species diversity.
C. Important fish and wildlife breeding habitat.
D. Important fish and wildlife seasonal ranges.
E. Important fish and wildlife movement corridors.
F. Limited availability.
G. High vulnerability to habitat alteration.
H. Unique or dependent species.
"Priority species" are fish and wildlife species requiring protective measures and/or management
guidelines to ensure their perpetuation.
SECTION LIII. Section 4-11-180, Definitions R, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
defmition to read as follows:
REGULATED ACTIVITY: (For Chapter 3, Critical Area Regulation Use only.) All existing
and proposed activities located within a regulated critical area or critical area buffer.
SECTION LtV. Section 4-11-190, Defmitions S, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
definitions to read as follows:
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CRITICAL AREAS: Areas determined by the City to be not suitable for development and
which are subject to the City's Critical Areas Regulation including very high landslide hazard
areas, protected slopes, wetlands, or floodways.
SLOPE: An inclined ground surface the inclination of which is expressed as a ratio of horizontal
distance to vertical distance, which may be regulated or unregulated.
SECTION LV. Section 4-11-190, Defmitions S, of Chapter 11, Definitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding the following
defmitions which reads as follows:
SLOPE, PROTECTED: Refer to "Slope, Steep".
SLOPE, SENSITIVE: Refer to "Slope, Steep".
SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two classes of slope,
sensitive or protected.
SLOPE, PROTECTED: A hillside, or portion thereof, with an average slope, as identified in
the City of Renton Steep Slope Atlas or in a method approved by the City, of 40% or greater and
a minimum vertical rise of 15 feet.
SLOPE, SENSITIVE: A hillside, or portion thereof, characterized by: 1) an average slope, as
identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of 25%
to less than 40%; or 2) an average slope, as identified in the City of Renton Steep Slope Atlas or
in a method approved by the City, of 40% or greater with a vertical rise of less than 15 feet,
abutting an average slope, as identified in the City of Renton Steep Slope Atlas or in a method
approved by the City, of25-40%. This definition excludes engineered retaining walls.
SPECIAL AREA MANAGEMENT PROGRAM: 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.
STREAM, RIVER, OR WATERCOURSE: Any portion of a channel, bed, bank, or bottom
waterward of the ordinary high water mark in which fish may spawn, reside, or through which
they may pass, and tributary waters with defined beds or bank which influence the quality of fish
habitat downstream. This includes watercourses which flow on an intermittent basis or which
fluctuate in level during the year, and applies to the entire bed of such watercourse whether or
not the water is at peak level. This defmition does not include irrigation of ditches, canals,
stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a
natural watercourse which has been altered by humans or except where there are salmonids.
Refer also to RMC 4-3-050.B.6.
STREAM ALTERATION: Stream alteration is the relocation or change in the flow of a river,
128
ORDINANCE NO. 4835
stream or creek. A river, stream or creek is surface water runoff flowing in a natural or modified
channel.
SECTION LVI. Section 4-11-200, Definitions T, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
defmitions to read as follows:
TOE OF SLOPE: A point or line of a natural slope or slope created through man excavation or
cut where the lower surface changes to horizontal or meets the existing ground surface. The toe
of a slope may be a distinct topographic break in slope gradient or the point in which the lower
most limit of a steep slope is inclines at less than the gradient of that steep slope for a horizontal
distance of a minimum of25 feet.
TOP OF SLOPE: A point or line on the upper surface of a natural slope or slope created
through an excavation or cut where it changes to horizontal or meets the existing ground surface.
The top of a slope may be a distinct topographic break in slope gradient or the point in which the
upper most limit of a steep slope is inclines at less than the gradient of that steep slope for a
horizontal distance of a minimum of25 feet.
A. Top of Excavation or Cut: The upper surface point where the excavation meets the
original ground surface.
B. Top of Embankment: The upper surface point or line to which side slope changes to
horizontal or meets original ground surface.
SECTION LVII. Section 4-11-200, Defmitions W, of Chapter 11, Defmitions, of
Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by revising the following
definitions to read as follows:
WETLAND: 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 defmed by Washington State Wetlands Identification and Delineation Manual
pursuant to RMC 4-3-050.M.4.a. Wetlands created or restored as part of a mitigation project are
regulated wetlands. Wetlands do not include those artificial wetlands intentionally created for
purposes other than wetland mitigation, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, 6f landscape amenities, or those wetlands created after July 1, 1990 that were
unintentionally created as a result of the construction of a road, street, or highway. Drainage
ditches are not considered regulated wetlands. Also refer to RMC 4-3-0SO.B. 7.
WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a
129
ORDINANCE NO. 4 8 3 5 ----
wetland from adverse impacts to its functions and values. Buffers are designated areas adjacent
to a regulated wetland which protect the wetland 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 EDGE: The boundary of a wetland as delineated using the Washington State
Wetlands Identification and Delineation Manual pursuant to RMC 4-3-050.M.4.a.
WETLAND, REGULATED: See RMC 4-3-0SO.M.l.a ..
SECTION LVIII. This ordinance will be effective upon its passage, approval and 30
days after publication.
PASSED BY THE CITY COUNCIL this 27th day of----=cM=a=r'--"c=h,_____ ____ , 2000.
j
APPROVED BY THE MAYOR this 27th day of __ M_a_r_c_h _____ , 2000.
Appr~/Yfd as to legal form:
-.....J.,/
d~~;:pu~
Lawrence J. Warren, City Attorney
Date of Publication: 3/31 I 20 0 0 (Summary Only)
ORD.838:03/15/2000:as.
130
ffi
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TABLE 4-8-1208
1-
BUILDING :E
0:: .. w
"= c >. ~ 'C -0
APPLICATIONS z c .. .. .. .,. ·e 0 -D.. .. .a -~ '6 iii >< Jl! ~ .. .. .. ~ E .. E E E u a.., .,.
oJ!! E ... .. :i-u 0 0 ::.-
:J :I: :I: :I: ~ E o 'C .. "' c ~~ 8 ~ c'C ~,'; D.. 'C'C 'C .. 0:: 0 >.0 ~ .. .. 0>::!; -s."' iii E ==e = E c i;; .a .a _a .... .:.:: _z ·-.. ~ ~ E .,
u. 0 0 ... ·e iii ~0:: .. coo:: .. u u U CD ~ 0 Cl J!J! J!!E .. ... a. ~ 6 u. ... '5 c J!!-c E.!:! !!? .. 0 w '6 "' "' ::s ·-G,) .,P en c.~ C,'i: ~ E c c c J!! E -"' E ... 15 c SUBMITTAL REQUIREMENTS .. .. .. .. .. "' 0 ::J'C 0 .! 0 Cl .5 .. c .!
1-0 t'; ::!:::!: :!:O:I: ::!:.5 U.5 D.. iii rnz iii.5
Applicant Agreement Statement (for wireless communications facilities only) 3
Application Form, Building DiVision,:;~. 71i \; . ···~··· ·: ··•··. .)>•. .. :~ I ";c 1 .••. 2 1 .· •.. · 1' • .. ·2 • 1 1. • 1 );1'' . ·1;.1
Application Form, Construction Permit 2 2
Architectural Elevations · .. :~~ .· \; ly' :\B0; :~l: . ~::,; ..... ·.:···· "l"<j . "':. ·f\.'. ··:·•5 ; .. I: ··•· . ··>· "1)·2· ; .......
Architectural Plans, Commercial/Industrial/Attached Dwellings 3+ Units 4 3(n)
ArchitectiJrai.Pians}: Detached/Semt;;Attacned. DWellings and 2 Attached.DWellings •;•to;;:/• i.••. ; ·~ 0• . .. . 2'"% 2'" .•·
Blocking/ Anchoring/Skirting Details 2
Construction Mitigation description ' ...... ·. . • . ':! .·. 1 :t .. . I' .; .••• 2 ··••·
; L .. <: . , .···I~<; .. •i''.h. :.;
Drainage Plans 2 5 2(h)
Drainage Report N:, .. ·:.. . . ;; . ., ·;; ;;~;:, ... ·<' .•• 1•:.:;_
1 <6~s '" 2 . { .. 1: )' :.,, 1··.·)'
Electrical Plans 2 2 1(g)
EnergyeodeChecklisti~Non~Residential ···;{. 5#:1·· .::l:f •"i'~;f •<,; I·• •• ff. --::; ..... 1(m) ~1 , I•~ •• ; "; : . · .. i.:; ·.,
Energy Code Checklist, Residential 1(k) 1 1(a)
Foundation Plans r < ;_;· :.::• : ·· > . ''': A(' .:;)'fi. >t(( ; . ··.:• ...... • 3;(; }:;(•: Ji.~'~ .·"!> ; ... 4i;2·: It 4 ' :• •• ·2 2'•·· :;;:{;::,,
Geotechnical Report 2(b) 4 2(b)
Gradiril:l pfah ~?i±?iJ~~T . F > ·· •·• .!'' . :)'•·• )!:"'-' t;v+: .. < ;:. :iiff . p;; .• ; 5 0:: ~~;., <.¥ 5! .·. > ·(!:' ; . I'.· I <);rt: . ;.·:_;\>{ ....
Grading Work Description 4 2
Heat Loss calculation {¢;;! l<J{· . fiP · "; ···· . ;~. · · .. •. ·· .. ·•. . • .':i:;'fJ;:l <;'·· . ·'f.!"> .:··.: l4<.it>· .·> .. .i .. . , .. ,;/< t.;;. . i I' ;;.~ 1(c) · l'fl ... 1(c}},
Installer Certification 1
lnv~nlor1otExisting Sites1torwireless communication·facilitles only) ·••· ••••• .,-:.,·. ···' ,:
· .. } 'cnc ;:>:· :;;, .. · .... : a' I< . .):' ·.::fti .. l/i /. :)~X Af" ···••
Irrigation Sprinkler Plans 3
Klng!,CourityHealth Dept.' Approved Plans'> ... .-; ·.•· . • ji!j.; . (' i'""· . 1: 1 <·nr · ': lr .· ;;•:tt \1(f) . ~/1(f) l1(gj . i ,; ..... '; .._,...,;·• .. I • vi; .
Land Use Permit Conditions, approved (if any) 2 2 2 1
LanCt$c8ping Plans ! •.. • "~41 • <;f.; . 5).$J ·.••·.· ·: . •<> <, . >··f:1• ··~= t·······~···· :.-.. '-;:. j_ F I 4 ·~;· :·') ...• ; t: 1:: .·':f .
Lease Agreement, Draft (for wireless communication facilites only) 3
The number of copies (if any) is indicated is indicated in each column, unless waived by the Development Services Division.
TABLE 4-8-1208
1-
BUILDING :E
0:: w Ill
1!:: t: 1:
'C -0
APPLICATIONS z 1: .. .. ·0 :e 0 ·-D. .. .a ._'C n;
~ .. .. "':ll E E E E ~ E ... .. u 0 0 o-::1-
:J :X: :X: :X: ~ E o 'C .. 8 ~ 1: 'C D. 'C'C 'C .. "" 0
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.. .. G>::!; >."' :! ~ 1: i;;; .a .a .a~~ _z
IL 0 (J 0 :a ·e .. ::o:: .. ~ CD ... ... 0 J!J! .... D. J!ii .. ... c.
0 1: ~~f» E .2 !!! w '6 :I :I • Ill
SUBMITTAL REQUIREMENTS ~ E .. 1: 1: "'J!l E :!: :I E ... 0 .. t'5 .. .. .. :I 0 ::I'C 0 .! 0
1-c :::!::::!: ::!:O:x: ::!:.E u.E D.
Letter of Conformance with Geotechnical Re(2ort 2 2
Manutacturet's;Pian$F ;.' · .·. · .•.. ~·t .. •·. · ;;;pr.: ·:::< ·:;;;:f• .;"itk /:.r ··••· <[• . ·!;~til~. I~~~'. . •·•··· . 2 >;~§;$ ;(!: • ;~? •.• ;];. '
Mechanical Plans 3 2
Notation of GeolodidRisk by Engfneer > ts ·.·~ .... ~ ___:_ i . 'il'l.t':. •.·.· .. ~· ; . •z . I· :_._ <\!· t• ,L•.•;_ 2' _,y;c> .·•.· .. ..__ ····.•··· d;~
Plumbing Plans 2(m) 2
Projectlnf6rmation Sheet (it)cludes fegatdesririptionf'i\ !·'''f•i I '•;:··.... : > · :;:<~~ •. · 2· t2{i· .. ,. u ·.·· ·:)if,;:2 i& 5 •'f . 'Stn> • ~.;2
Receipt for Construction (Utility) Permit Application 2
Roadway Constnlctiori•Pian• ..•. ,,. • ·ifi <:·.. ·.· .. :• :y •:yg;; . •'i: : ~zf';t. .: li% li t . ; : ·.· .. ;:;;~t; . : 2: '. .;.:
Screening Detail, Refuse/Recycling 3
Ser'Vite Area' Map (for wireless c6mmunication faCilities only) ·.·:~ 'f.f$L . y:..:. ·:~ . :•:,,,t_ "<j\~2 >: . ··s g:>·
Side Sewer Capping Permit, Finaled 1
Sign 'f>laif£.. : .;•.: \>"' 1~~r' ;~. =·:tt · >~· ·~~;f;i?~'. . · ··•····. ·i'h•i ~}Jj '<t;: • ::···::.· ...
.. ·············.· .
.•.•. :ty;: ..• :v. .•.. \ l~:t ,.~~E
Site Plan, Commercial, Industrial, Multi-Family 5
Sitel?,lailiSign• <··?i:. ·' ··•.: ·>%~ ·:'~1!:·:. 'il?x·. ••.•:::. it·• l<·'k· ..• ;;z;. ?i~f#r .$:;f;f···· rWii::c; . t l;fty; 1 •-'ziJi: ··h ; .
Site Plan, Single Family/Duplex 2 2
StruCtural Calculations y;;.. .§ 1·:: ·~0: .k;i1• if~k'!• ... ·..•. : 1:: , :''" r•v. > ·. < !.n: .• ·•:: . {(;~ :: ;•~:; 2 >> ~~· 31
Topography Map (may be combined with site plan or grading plan) 2 2 2 4
Tree ~Uttil)g/Lari(I·CiearingPfan;approyed · ••. :''' ti:· ····· .:'~!Y:i/ <~3 .... )i:l}···· .• ·'l::t·<;.: ... jli0f' •. •. :@;2:1•. .':..;#?,. ·,•n:· .• 1·1l'···· }+ 3 ..
Utilities Construction Plans 6
Watet/SeWerfo.vailabilitY Letter •• '" , 'f?r'~ ;~?;" . :l'l:ih • ( .••.• ,,., •'%> • .,s$ilY :<:i<;: .· .. ·· <> •:: .@;,.;. II·:;• ::?e[1'/ 10)(k) •··
Water Service Disconnect request (final) 1
~t:Cfl"radeoff%ForT1l··r·e~· . ·:;+> .. f;{i· .···· < . ·:.'•;. •.• : • < : ;; .. :·>· . ,${>1::;; ··· .. ) +; ;j;'W· .:, . ,; .~::•
The number of copies (if any) is indicated is indicated in each column, unless waived by the Development Services Division.
Legend on following page
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TABLE 4-8-120C LEGEND:
a. Required for any alteration of exterior of (heated) building envelope.
b. When required by section 1804 (Foundations and Retaining Walls} of the UBC.
c. Required for installation of a new furnace or a replacement of greater size.
d. Not required for pools/spas/hot tubs to be installed within an existing building.
e. Required for structural changes only.
f. Required for food service establishments only.
g. Required only for public pools/spas/hot tubs (not required for single-family or duplex pools/spas/hot tubs.
h. Required for duplexes only.
I. Required for other than conventional construction.
j. Required only if trade-off option is being used for compliance.
k. For multi-family, one per building.
I. Not required for additions.
m. Not required for multi-family projects.
n. for restaurants and any construction project involving work in the right of way, four (4) copies are required.
(Ord. 4587, 3-18-1996; Amd. Ord. 4773, 3-22-1999)
8-36
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TABLE 4-8-120C
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Environmental Checklist J 13 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12
E-•u·· eo"· .ts(R~~~...,.dr:-· )··;;·:f::·:::y;JI.··<·· .J::>L:.::• ·5''~'/""'· 5· """· 5::.> .. · ,. ·.·. '5 5····5 ·5 '·! 55· .·5''1'' lc· ·5. '5 '5·. 5."''"'' 5 .~~t.\,:.,}:5· ·"' 5·1 ..... s ng venan """""'e ·'-"opy .; ..•. :.:.c_ , . .,.,.,,,, ..... ...,"'. ,..;·,.,. ,.,..,.. ... -<¥ .... · .... ..., ....... , .... ,, .:: . , IY •.. , .... . ,.,w,. ,..,, .. ,, :: '·'
Existing Easements (Recorded Copy) 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5
Final Plat Blan : , . ;h;,; %z'l' 14"1> ',.'.: , :: -~:; : .,.. .ii> ':: ' 1'.,, ,,~ ' l/!f I>' . '· !.> · ,:.:.. ··•·· •. 5]: l~ ' ... 1, : ·.·. > ;, , ,Jl!!: . ?;, r~~. 1 : I> , k.' ,i, ::
Flood Plain Map Hazara uata,
if applicable 12 12 12
Flo<)r Plans ~, :;,. ' ·,• ··•·. • ' "'i::. '' lx: .',:> t . !! I'~ . .... · . ctr:·· 5'' I 5 :5
Geotechnical Report 5 5 5
Graifingf'!an,·•bonceptual···•••' 2> .. ,· ·. ·; ·' ·!. 121 123 >12
Grading Plan, Detailed
H~bitaLData R~Port. ifaoolfcSable'U l.,,:. P'l •:~·1 ''i(i!>l "I I 11,12 112¥4:(121£!',
Inventory of Existing sites (for
wireless communication facilities) I I I I I I I I I 5 I 5 I 5
Justification for the
Conditional Approval Permit
(non-conforming structure) I I I I I I I 5
:&~::·
Justification for Conditional
Permit Request 12 I 12
12 12 12 12
'&i ; i> ':, ·•51': : i I h ..
5 .. v , . l*t 12 12 12 :<.
12
12lTI.l121 i2~1d2F'
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5 5 5 5 5 5 5 5 5 5 5
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12
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Justification for Variance Request I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 10
l$lng9Qunl:y ~eS$i.lr's .Map
11\dicating Si~e::0,r '%·\~1;: ·:;~~
Landscaping Plan, Conceptual 5 I 5 I 5 12 I 5
8-38
Number of copies required (if any) is indicated in each column unless waived by the Development Services Division.
5 I 5 5 I 5 5 I 5
Ci
<: LAND USE 1-;;-.§
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wireless communication facilities) I I I I I I I I 5 I 5 I 5
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Letter Describing
Proposed Home Occupation 1
Letter Ham Pr*rty Ownetw iCi.
Letter to Examiner/Council
stating reason(s) for appeal
per RMC -----
Section 4-6-23 I I I 1
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Letter of Understanding, Geologic Risk
'
Lishk hecili p*' ·· ·· .· <Niilers'i
widn Mnexation~8out1W~ '
List of Surrounding
Property Owners I 2 I 2 I I 1 I 2 I I 2 I 2 I 2 I 2 I 2 I I 2 21 2 21 I I 12121 I 2 21212121 121212121 12
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Mailing Labels for Property Owners
'• ~k ,',4#>: •~f:;; :• :+ A:<%,~ .. ···;y, >;<>
Map'ot:f:Xistirio1Site''~ti011$:
Map of View Area (for wireless
communication facilities only} 5 I 5 I 5
Mls~~,.j~li~tiOr\<i=otm,.i "1aA :.f:r~; "l 3 t2'1'12if';s;~]7sl .. 12•l12.h2l1'i~l121·~1' .jfgl121 .. 12l1:d· l':f hi~~21~~11ZI12Ir.>ff!1i!l.41';~2·lt211al\1~11 1f~1~112Fs'ltgl' .pj2
Mobile Home Park Plan I I I I I I I I I I I I I I I 1121 I 112
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Neighborhood Detail Map 1131 13 I I 1 I 12 I I 5 I 5 I I I I I I I I 1121 12 112112 41 I I I I I I I I I 112
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8-39
Number of copies required (if any) is indicated in each column unless waived by the Development Services Division.
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TYPE OF APPLICATION/PERMIT
Annexation (60% Petition with Zoning)
r-----+------r--~~--~+--+~~~--~--~+---~~---4~~+-~4-~~~~~~Appeal
Business License for Home
~r----+~~~--~r-~--~~~-+~~+-~~~~~~ Occupation.
Comp. Plan Map Amendment/Rezone
Comprehensive Plan Text Amendment
Conditional Approval Permit for a non·
conforming structure
Conditional Approval Permit for non·
----~~~~--~--+---~~+-~~--~~~--~~~ conrorminguses
Conditional Use Permit
(Administrative)
--~~~r--~~~~~~~-+~~~r--~ Conditional Use Permit (Hearing
+---~~~-+----+-~----+-~~~~~~~+-~~~~ Examiner)
Environmental Review
Environmental Review (non-project)
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+--4~-+~-+~-4---~~4-~-4---~4-+--4~-+~~~
Master site plan (individual phases) g
1-------l~----+----h'+--~~--h-.,.;;;:.j....----h~--l~--:.j....--l----~~--~...;;;"'*-__ p:.j....--l~~-~ Mobile Home Park, Preliminary
Mobile Home Park, Final
Modification/Alternate Request
Plat, Final
Plat, Preliminary
PUD, Preliminary
PUD, Final
Rezone
Routine Vegetation Management
Permit
Shoreline Exemption
Shoreline Substantial Development
Permit r-----"""1::;;::;;::;;7t----J%rt"--jh;rt"--l;:;::;;::;;rt"----l;:;::;;-:j----rt"ct----t][ft--t:::--:;::1"-'t"::rt"-:-i~::;;rl Shoreline Conditional Use Permit
Shoreline Variance
Short Plat, "Preliminary"
Short Plat, "Final"
Site Plan ~---~~~-4~~~~~~---+-~~~~~~~-4~~ r------f~~~t---H-2J~t--f--~~~t----i:l::;;H----i::;;t----f~--~~-f-i~f--f~~ Special Permit
~----~.,.;;;...;;;~+----P--l--+-~--h;-~1-----l~~+----l-.~--~--l--1---~--l~~~~~ TemporaryUsePermit
Variance
r----~~~~~~~+-+-~~---+-~~~~---~~~~~+-+-~
Waiver
Wetland Permit
LAND USE
APPLICATIONS
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Title Report or Plat Certificate I I I I I 3 414141 I I I I I I 14
~-,.34 . \ .L I. ,, <;,. '> ,.,~.rr~ kt:. ,, ... ·:·,ij:l;l. "' r<· t'" '%1 ~~;;;.,~··I''' J.' t~· ···I··· t'·llt'kl &I·· .. ,:, ;+t···F tL~:t'; T~rapby •v~PP {5 ·contours) .... , :t•: ....•. . •. : A,·, •• , .. ,... ,,. · ..• :. ,.,·+·· ;.·,;;;: , ....... .· .....,.. . .. •c·A.· '"" . .;; ,·5· ,..,5.~; ·. · .... , .,v [ff~·¥t.t' d> IL\?If· (ttl.7~.,~-~$T~~.l~:~r~trl~llwl··.
Traffic Study 31 I I I I 131 3 131 I I 13131 I I I I 3 131 I I 1313
6t~~*~jtl&oo:':~' ;t; I . irlf ml· ;;t:l1f--n~-,··~·tt-t'V;l~r<~'Jd-:·· ·t;,t·;~··t·"'~l >~~! . · .. ·. 4 ":Wf~· 1'''14 '." · 1: lt4l ·IZ\t i 4 ll~4l·.· .. 4 ~· 4: :d <:th
Tree CuttingNegetation Plan,
Approved 4
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Wetlands Delineation Map
Wetland Mitigation Plan -
Preliminary
Wetland Mitigation Plan -
12112112 12
3 3 13
121121 12 112 12 1121 12 112112112
3 I 3 313 31 3 131313
Final I I I I I I I I I I I I I 3 I I I I I I I 3 I I 3 I I I 3 I I I I I I I I 3 =~~ori~}'
Number of copies required (if any) is indicated in each column unless waived by the Development Services Division.
8-41
Table 3 Legend:
1. Required only for those home occupations that will have customer visits, more than 6 business deliveries per week, or external indication of commercial activity.
2. Level of detail limited to scope listed in RMC section 4-35-3.
3. Level of detail required may be reduced by Administrator.
4. For conditional use penni! applications for wireless communication facilities, the applicant shall submit a preliminary sketch (five copies) for preliminary staff review
prior to submittal of the conditional use permit application. The staff shall review this map within fourteen (14) working days and inform applicant of any preliminary
concerns and recommendations for revisions at a scheduled preapplicalion meeting. The staff shall also indicate where photosimulations will be required for the
application submittal, and may choose to waive submittal requirements for the conditional use penni! when deemed appropriate. This shall not preclude the staff from
12112 12 12
31 31 3 I 3 3