HomeMy WebLinkAboutORD 5137Amends ORDs:4521, 4722,
4777,4802,4835, 4851,4963,
4985, 4992,5000,5100
Amended by ORD:5156,5157,5159
5192,5286,5304 5355,5369
CITY OF REN1'DN,WASHINGTON
ORDINANCE NO.5137
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
AMENDING CHAPTER 3,ENVIRONMENTAL REGULATIONS AND
OVERLAY DISTRICTS;CHAPTER 4,CITYWIDE PROPERTY
DEVELOPMENT STANDARDS;CHAPTER 8,PERMITS -GENERAL
AND APPEALS;CHAPTER 9,PERMITS -SPECIFIC;CHAPTER 10,
LEGAL NONCONFORMING STRUCTURES,USES AND LOTS;AND
CHAPTER 11,DEFINITIONS;OF TITLE IV (DEVELOPMENT
REGULATIONS)OF ORDINANCE NO.4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"
TO AMEND CRITICAL AREAS REGULATIONS.
WHEREAS,the Growth Management Act mandates an update of the Critical Areas
Ordinance based on Best Available Science;and
WHEREAS,the City conducted a Best Available Science review of all existing and
proposed critical areas regulations as set forth in Exhibit A;and
WHEREAS,the City considered functions and values of its shorelines of the state in the
"City of Renton Best Available Science Literature Review and Stream Buffer
Recommendations"report dated February 27,2003,prepared by AC Kindig &Company and
Cedarock Consultants,Inc.on behalf of the City of Renton;and
WHEREAS,the City's stream regulation amendments focus primarily on new buffers,
which are designed to develop standard stream buffer widths that would result in no net loss of
functions and values.Further,to provide incentives to restore degraded buffer conditions,the
City's amendments allow for both standard and flexible review processes,so that applications
ORDINANCE NO.5137
proposing to substantially improve functions and values may be allowed to reduce buffer widths
with added site-specific studies and mitigation;and
WHEREAS,the City considered a best available science review of its wetlands
regulations in "Transmittal ofParametrix Review of Wetlands Regulations,"Jones &Stokes,
dated July 13,2004,together with "Best Available Science Ordinance Review"by Jim Kelly,
PhD,Parametrix,dated June 28,2004;as well as the memo "City of Renton Wetland Rating
System -Field Review"dated March 2,2005,by Jim Kelly,PhD,Parametrix;and
WHEREAS,in most cases,the City expects that the standard wetland buffers will be
sufficient to protect the functions and values of wetlands.However,the City Council also
recognizes:1)This ordinance would widen buffers as needed to preserve all functions and
values,including wildlife.2)Renton has performed reconnaissance of its wetlands and streams
and does understand the functions and values and categories of streams and wetlands in its
jurisdiction,increasing confidence in its code structure to protect functions and values by
lowering risk.3)Renton's areas oflinked wildlife habitat are limited to those areas where the
City has been active in its purchases of wetlands and wetland banks and property along
Springbrook Creek,May Creek,and the Black River.The City continues to be active in habitat
protection and restoration as evidenced in its Capital Improvement Program 2005 to 2010.4)
Another concentration of higher value wetlands is found in the Soos Creek vicinity outside of the
City limits.Renton has added a policy to do cooperative basin planning for the Soos Creek
watershed should annexation be imminent and will include such policy in its Year 2005
Comprehensive Plan policy amendments;and
WHEREAS,the City participates in Water Resource Inventory Areas 8 and 9 planning
processes which are expected to be completed in 2005;and
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ORDINANCE NO.5137
WHEREAS,the City's protection of shorelines and critical areas is multifaceted and
includes City ownership of environmentally sensitive sites,regional collaboration,City capital
improvement programming that involves habitat restoration,as well as shoreline and critical area
regulations;and
WHEREAS,the City notified State and local governments and tribal agencies and
parties of record of the work program through a notice of application and SEP A determination;
and
WHEREAS,the City issued a SEPA Determination ofNonsignificance in August 2004,
which Determination was timely appealed and which was upheld on appeal by the City's
Hearing Examiner on December 16,2004;and
WHEREAS,the City reviewed wetland policy and regulation comments provided by the
Washington State Department ofEcology submitted in May 2004 and December 2004 and met
with a representative ofthe State ofWashington Department ofEcology on March 23,2004 and
March 14,2005 and proposed some amendments in responses to comments dated July 13,2004
and March 2,March 9,and March 15,2005;and
WHEREAS,the City contacted the Washington State Department ofFish and Wildlife
(WDFW)to request early agency comment in March 2004,received comments in May 2004,and
responded to comments on July 13,2004;and
WHEREAS,the City established a public participation program pursuant to RCW
36.70A130(2)and provided notice ofthe update process pursuant to RCW 36.70A035,
provided for early and continuous public participation pursuant to RCW 36.70A140 by
publishing a meeting schedule,provided updates to the schedule on public television,and the
City web site;and
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ORDINANCE NO.5137
WHEREAS,the City held periodic public meetings with the Planning Commission
between Spring 2003 and Spring 2005 and City Council Planning and Development Committee
meetings between Spring 2004 and Spring 2005,as well as televised workshop sessions with the
Council Committee of the Whole between January 2004 and September,2004;and
WHEREAS,the City conducted a public open house on July 27,2004,a focus of which
was the proposed critical area related regulation amendments,and a workshop with Seattle/King
County Master Builders and neighboring jurisdictions on August 16,2004;and
WHEREAS,the City has provided opportunity for the public to comment on the review
and suggest needed revisions of the plan and regulations,and held a public hearings March 2,
2005,and March 21,2005,on this matter;
WHEREAS,the City considered and responded to government agency and public
comments as compiled and documented in "Responses to Planning Commission Hearing
Comments:Renton Best Available Science Critical Areas Regulations and Shoreline Master
Program GMA Integration"dated March 9,2005 and "Updated Responses to City Council
Hearing Comments Renton Best Available Science Critical Areas Regulations and Shoreline
Master Program GMA Integration"dated March 31,2005,both prepared on behalf of the City;
and
WHEREAS,the proposed critical area regulation and related amendments were made
available in public review drafts dated July 13,2004 and January 26,2005 together with
Planning Commission and Planning and Development Committee amendments in response to
comments received by the City through March 31,2005;and
WHEREAS,such Best Available Science and Critical Areas Regulations are in the best
interest of the public;
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ORDINANCE NO.5137
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON,DOES ORDAIN AS FOLLOWS:
SECTION I.The above findings are true and correct in all respects.This
ordinance is also supported by the following conclusions based on the adopted findings:
1)The City followed its established public participation program;
2)Revisions are needed to the Critical Areas Regulations;
3)The City has conducted its seven-year update requirement under RCW
36.70A.130 for all portions of the Comprehensive Plan and implementing regulations by
completing the portions of the work program needed to implement the Critical Areas,Shorelines
and Best Available Science review;and
4)All development standards within these sections were reviewed and those that
remained without amendment are found to be in compliance with the Growth Management Act,
as amended.All modified,revised or new development regulations are internally consistent and
found to be in compliance with the Growth Management Act.
SECTION II.Section 4-3-050 of Chapter 3,Environmental Regulations and
Overlay Districts,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code
of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows,
EXCEPT for the figures in 4-3-050.Q,which are not amended here:
4-3-050 CRITICAL AREAS REGULATIONS:
A.PURPOSE:
1.General:The purposes of this section are to:
a.Manage development activities to protect environmental quality;
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ORDINANCE NO.5137
b.Assist or further the implementation of the policies of the Growth
Management Act,the State Environmental Policy Act,chapter 43.21C RCW,and the City
Comprehensive Plan;
c.Provide City officials with information to evaluate,approve,condition
or deny public or private development proposals with regard to critical area impacts;
d.Protect the public life,health,safety,welfare,and property by
minimizing and managing the adverse environmental impacts of development within and
abutting critical areas;and
e.Protect the public from:
i.Preventable maintenance and replacement of public facilities
needed when critical area functioning is impaired;
ii.Unnecessary costs for public emergency rescue and relief
operations;and
iii.Potential litigation on improper construction practices occurring
in critical areas.
2.Aquifer Protection:The overall purpose of the aquifer protection regulations is
to protect aquifers used as potable water supply sources by the City from contamination by
hazardous materials.Other specific purposes include:
a.Protect the groundwater resources of the City;
b.Provide a means of regulating specific land uses within aquifer
protection areas;
c.Provide a means of establishing safe construction practices for projects
built within an aquifer protection area;and
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ORDINANCE NO.5137
d.Protect the City's drinking water supply from impacts by facilities that
store,handle,treat,use,or produce substances that pose a hazard to groundwater quality.
3.Flood Hazards:It is the purpose of the flood hazard regulations to:
a.Minimize public and private losses due to flood conditions in specific
areas;and
b.Minimize expenditure of public money and costly flood control
projects;and
c.Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;and
d.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
e.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
f.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.5137
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.Streams and Lakes:The purposes of the stream and lake regulations are to:
a.Protect riparian habitat in order to provide for bank and channel
stability,sustained water supply,flood storage,recruitment of woody debris,leaf litter,nutrients,
sediment and pollutant filtering,shade,shelter,and other functions that are important to both fish
and wildlife;and
b.Prevent the loss of riparian acreage and functions and strive for a net
gain over present conditions through restoration where feasible;and,
c.Protect aquatic habitat for salmonid species.Other fish/aquatic species
are addressed through Habitat Conservation regulations (see Subsection A.5.above).
7.Wetlands:The purposes of the wetland regulations are to:
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ORDINANCE NO.5137
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.Preserve,protect and restore wetlands by regulating development within
them and around them;and
c.Protect the public from costs associated with repair of downstream
properties resulting from erosion and flooding due to the loss of water storage capacity provided
by wetlands;and
d.Prevent the loss of wetland acreage and functions and strive for a net
gain over present conditions.
B.APPLICABILITY -CRITICAL AREAS DESIGNATIONSIMAPPING:
1.Lands to Which These Regulations Apply:The following critical areas,
classified in subsections H.l through M.l of this Section,are regulated by this section:
a.Aquifer Protection Areas.
b.Areas of Special Flood Hazard.
c.Sensitive Slopes,twenty five percent (25%)to forty percent (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.Volcanic Hazard Areas.
i.Critical Habitats.
j.Streams and Lakes.:
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ORDINANCE NO.5137
i.All applicable requirements of this Section,RMC 4-3-050 apply
to Class 2 to 4 water bodies,as classified in RMC 4-3-050.L.l.
ii.Class 5 water bodies,classified in RMC 4-3-050.L.l,are
exempt from all provisions of this section,RMC 4-3-050,Critical Areas.
iii.Class 1 water bodies,defined in RMC 4-3-050.L.l are not
subject to this section,RMC 4-3-050,Critical Areas Regulations,and are regulated in RMC 4-3-
090,Shoreline Master Program Regulations,and RMC 4-9-197,Shoreline Permits.
k.Wetlands,Categories 1,2 and 3.
2.Mapping -General:
a.The exact boundary of each critical area depicted on maps referenced
herein is approximate and is intended only to provide an indication ofthe presence of a critical
area on a particular site.Additional critical areas may be present on a site.The actual presence of
critical areas and the applicability of these regulations shall be based upon the classification
criteria for each critical area.
b.The Planning/BuildinglPublic Works Department shall provide an
annual docket process to update the maps.As ofthe effective date ofthis section (April 4,
2005),critical area reports prepared for permit applications shall be incorporated into critical
area mapping as part of the annual docket process.As a result of studies prepared through the
permit application process,where the City required increased buffers rather than standard
buffers,it shall be noted on the map.
3.Reports and Submittal Requirements:Study requirements and submittal
requirements are required in each regulated critical area as follows:
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ORDINANCE NO.5137
a.General Submittal Requirements -All Critical Areas:See RMC 4-3-
050.F,Submittal Requirements and Fees,and RMC 4-8-120,Submittal Requirements Specific to
Application Type.
b.Exempt Activities,Study Requirements:See RMC 4-3-050.CA.c,
Reports and Mitigation Plans Required.
c.Aquifer Protection Area Permit Submittal Requirements:See RMC 4-
3-050.H.1.e and 4-9-015.E.
d.Flood Hazard Data:Flood hazard data is to be applied pursuant to
RMC 4-3-050.I.1.b,Mapping and Documentation.
e.Geologic Hazards Special Studies Required:See RMC 4-3-050.1.2,
Special Studies Required.
f.Habitat Conservation Assessment Required:See RMC 4-3-050.K.2,
Habitat Assessment Required.
g.Streams and Lakes Studies Required:See RMC 4-3-050.L.3,Study
Required.
h.Wetlands Studies Required:See RMC 4-3-050.M.3,Study Required.
C.APPLICABILITY -EXEMPT,PROHIBITED AND NONCONFORMING
ACTIVITIES:
1.Applicability:Unless determined to be exempt from permitting and standards,
all proposed development,fill,and activities in regulated critical areas and their buffers shall
comply with the requirements of this Section.Expansion or alteration of existing activities shall
also comply with the requirements ofthis Section.Any person seeking to determine whether a
proposed activity or land area is subject to this Section may request in writing a determination
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ORDINANCE NO.5137
from the City.Such a request for determination shall contain the information requirements
specified by the Department Administrator.
a.Aquifer Protection Areas -Compliance with Regulations:The
following developments,facilities,uses and activities shall comply with the applicable
provisions and restrictions ofthis Section and chapters 4-4, 4-5, 4-6,4-9,and 5-5 RMC for the
APA zone in which the developments,facilities,uses and activities are located,except as
preempted by Federal or State law:
i.Development Permits:Development permits shall be reviewed
for compliance with the aquifer protection requirements of this Section.
ii.Facilities:Facilities,as defined in RMC 4-11-060,Definitions
F,which are existing,new,or to be closed are subject to this Section as specified below:
(a)Existing Facilities:All owners of facilities which store,
handle,treat,use,or produce hazardous materials or have done so in the past,must comply with
the permit requirements,release reporting requirements,and closure requirements as set forth in
this Section;
(b)Existing Facilities -Limitation on Material Increase:In
Zone 1 of an APA,no change in operations at a facility shall be allowed that increases the
quantities of hazardous materials stored,handled,treated,used,or produced in excess of
quantities reported in the initial aquifer protection area operating permit with the following
exception:An increase in the quantity of hazardous materials is allowed up to the amount
allowed for a new facility in Zone 1 as provided by subsection C.8.d(i)ofthis Section,
Prohibited Activities -Aquifer Protection Areas,Zone 1;
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ORDINANCE NO.5137
(c)New Facilities:All proposals for new facilities within
any zone of an aquifer protection area must be reviewed for compliance with this Section prior to
issuance of any development permits for uses in which hazardous materials are stored,handled,
treated,used or produced or which increase the quantity of hazardous materials stored,handled,
treated,used,or produced;
(d)Abandonment:No person,persons,corporation or other
legal entity shall temporarily or permanently abandon,close,sell,or otherwise transfer a facility
in an APA without complying with the requirements ofRMC 4-9-015.F,Closure Permits,and
permit conditions of this Section;
iii.Hazardous Materials -Use,Production,Storage,Treatment,
Disposal,or Management:Persons that store,handle,treat,use,or produce a hazardous material
as defined by chapter 4-11 RMC,Definitions,shall be subject to the requirements of this Section,
and as further specified below:
(a)All applications for development permits for uses in
which hazardous materials are stored,handled,treated,used or produced or which increase the
quantity of hazardous materials stored,handled,treated,used,or produced at a location in the
APA must be reviewed for compliance with this Chapter by the Department prior to approval.
(b)The focus of review for all permits will be on the
hazardous materials that will be stored,handled,treated,used,or produced;and the potential for
these substances to degrade groundwater quality.
(c)An inventory of hazardous materials on forms provided
by the Department shall be submitted to the Department upon application for a development
permit.
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ORDINANCE NO.5137
(d)Where required by the Department,plans and
specifications for secondary containment shall be submitted and shall comply with subsection
H.2.d(i)of this Section,Secondary Containment -Zones 1 and 2.Development permits shall not
be issued until plans and specifications for secondary containment,if required,have been
approved by the Department.
(e)The Generic Hazardous Materials List attached and
incorporated as subsection R of this Section is provided for informational purposes.
iv.Application of Pesticides and Nitrates:Persons who apply
pesticides and/or fertilizer containing nitrate in the APA,except for homeowners applying only
to their own property,shall comply with subsection H.3 of this Section,Use of Pesticides and
Nitrates -AP A Zones 1 and 2.
v.Construction Activities:Persons engaged in construction
activities as defined in RMC 4-11-030,Definitions C,shall comply with subsection H.7 of this
Section,Construction Activity Standards -Zones 1 and 2,and RMC 4-4-030.C.7,Construction
Activity Standards -APA Zones 1 and 2;
vi.Fill Material:Persons placing fill material on sites within the
APA shall comply with subsection H.8 of this Section,Fill Material,and RMC 4-4-060.LA,Fill
Material;
vii.Fuel Oil Heating Systems:Owners of facilities and structures
shall comply with subsection C.8.e(i)(9)and C.8.e(ii)(6)of this Section,Prohibited Activities -
Aquifer Protection Areas,Zones 1 and 2,relating to conversion of heating systems to fuel oil and
installation of new fuel oil heating systems.
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ORDINANCE NO.5137
viii.Pipelines:Owners of pipelines as defined in RMC 4-11-160
shall comply with subsection H.6 of this Section,Pipeline Requirements;
ix.Solid Waste Landfills:Owners of existing solid waste landfills
shall comply with subsection H.9 of this Section,Regulations for Existing Solid Waste Landfills
-Zones 1 and 2;
x.Surface Water Systems:Surface water systems shall meet the
requirements of subsection H.5 of this Section,Surface Water Requirements,and RMC 4-6-
030.E,Drainage Plan Requirements and Methods of Analysis;
xi.Unauthorized Release:All persons shall comply with
subsection H.l 0 of this Section,Hazardous Materials -Release Restrictions -Zones 1 and 2,and
RMC 4-9-015.G,Unauthorized Releases;
xii.Wastewater Disposal Systems:Owners of structures that are
connected to existing on-site sewage disposal systems and proposed wastewater disposal systems
shall comply with subsection HA of this Section,Wastewater Disposal Requirements,and RMC
4-6-040.J,Sanitary Sewer Standards,Additional Requirements that Apply within Zones 1 and 2
of an Aquifer Protection Area.
2.Permit Required:
a.Permit Required -Development or Alteration:Prior to any development
or alteration of a property containing a critical area as defined in subsection B of this Section,
Applicability -Critical Areas DesignationslMapping,the owner or designee must obtain a
development permit,critical area permit,and/or letter of exemption.No separate critical area
permit is required for a development proposal which requires development permits or which has
received a letter of exemption.If a proposed activity is not exempt and does not otherwise
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ORDINANCE NO.5137
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.
b.Aquifer Protection Area -Operating and Closure Permits:Aquifer
protection area operating permit and closure permit requirements are contained in RMC 4-9-015,
Aquifer Protection Area Permits.
3.Finding of Conformance Required:
a.General:Conformance with these critical area regulations shall be a
finding in any approval of a development permit or aquifer protection area permit,and such
finding shall be documented in writing in the project file.
b.Aquifer Protection Areas:No changes in land use shall be allowed nor
shall permits for development be issued if the Department finds that the proposed land use,
activity,or business is likely to impact the long-term,short-term or cumulative quality of the
aquifer.The finding shall be based on the present or past activities conducted at the site;
hazardous materials that will be stored,handled,treated,used or produced;and the potential for
the land use,activity,or business to degrade groundwater quality.
4.Letter of Exemption:
a.Aquifer Protection,Flood Hazards,Geologic Hazards,Habitat
Conservation,Streams and Lakes,Wetlands:Except in the case of public emergencies,all
exemptions in subsections C5,C6 and C7 of this Section require that a letter of exemption be
obtained from the Department Administrator prior to construction or initiation of activities.
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
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ORDINANCE NO.5137
subject to any listed conditions or requirements.Exempt activities do not need to comply with
mitigation ratios of subsection MIl of this Section,Wetlands Creation and Restoration,or
subsection M12 of this Section,Wetland Enhancement,unless required in exemption criteria.
c.Reports and Mitigation Plans Required:A report for the specific critical
area affected,and/or enhancement or mitigation plan shall be required pursuant to subsections H
to M,unless otherwise waived by the Department Administrator.
d.Administrator Findings:In determining whether to issue a letter of
exemption for activities listed in subsections C5,C6,and C7 of this Section,the Administrator
shall find that:
i.The activity is not prohibited by this or any other chapter of the
RMC or State or Federal law or regulation;
ii.The activity will be conducted using best management practices
as specified by industry standards or applicable Federal agencies or scientific principles;
iii.Impacts are minimized and,where applicable,disturbed areas
are immediately restored,unless the exemption is a wetland below the size thresholds pursuant to
subsection C.5.f.i.
iv.Where water body or buffer disturbance has occurred in
accordance with an exemption during construction or other activities,revegetation with native
vegetation shall be required.
v.If a hazardous material,activity,and/or facility that is exempt
pursuant to this Section has a significant or substantial potential to degrade groundwater quality,
then the Department Administrator may require compliance with the aquifer protection
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ORDINANCE NO.5137
requirements ofthis Section otherwise relevant to that hazardous material,activity,and/or
facility.Such determinations will be based upon site and/or chemical-specific data.
5.Specific Exemptions -Critical Areas and Buffers:Specific exempt activities
are listed in the following table.If an "X"appears in a box,the listed exemption applies in the
specified critical area and required buffer.If an "X"does not appear in a box,then the exemption
does not apply in the particular critical area or required buffer.Where utilized in the following
table the term "restoration"means returning the subject area back at a minimum to its original
state following the performance of the exempt activity.Activities taking place in critical areas
and their associated buffers and listed in the following table are exempt from the applicable
provisions of this Section,provided a letter of exemption has been issued per subsection C4 of
this Section,Letter of Exemption.Whether the exempted activities are also exempt from permits
will be determined based upon application of chapters 4-8 and 4-9 RMC,or other applicable
sections of the Renton Municipal Code.
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EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Stre,ms ond F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
la.Conservation,Enhancement,Education and Related Activities:
i.Natural ResourcelHabitat ~~~i=-Conservation or Preservation:
Conservation or preservation of X X
soil,water,vegetation,fish and
other wildlife.
ii.Enhancement activities as I~~I X I X I Xdefmedinchapter4-11 RMC.
iii.Approved
Restoration/Mitigation:Any
critical area and/or buffer Xl X X X X Xrestorationorothermitigation
activities that have been
approved by the City.
lb.Research and Site Investigation:
i.Education and Research:p~~~~~Nondestructive education and
research.
ii.Site Investigative Work:Site
investigative work necessary for
land use application submittals
such as surveys,soil logs,
percolation tests and other
related activities.Investigative
work shall not disturb any more .Xl X X X X X
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.
Ie-Agricultural,Harvesting,Vegetation Management:
i.Harvesting Wild Foods:The
harvesting of wild foods in a
manner that is not injurious to
natural reproduction of such Xl X X X X Xfoodsandprovidedthe
harvesting does not require
tilling of soil,planting of crops
or alteration of the critical area.
ii.Existing/Ongoing r-~~~~~Agricultural Activities:Existing
and ongoing agricultural
activities includim!:farrninl!:.
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ORDINANCE NO.5137
I
EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Streams ""d FEXEMPTACTIVITYProtectionHazardHazardConservationLakes:~lass 2 to Wetlands
Area Area Area Area
horticulture,aquaculture and/or
maintenance of existing
irrigation systems.Activities on
areas lying fallow as part of a
conventional rotational cycle are
part of an ongoing operation,
provided that the agricultural
activity must have been
conducted within the last five
years.Activities that bring a
critical area into agricultural use
are not part of an ongoing
operation.Maintenance of
existing legally installed
irrigation,ditch and pipe
systems is allowed;new or
expanded irrigation,ditch,
outfall or other systems are not
exempt.If it is necessary to
reduce the impacts of
agricultural practices to critical
areas,the Responsible Official
may require a farm management
plan based on the King County
Conservation District's Farm
Conservation and Practice
Standards,or other best
management practices.
iii.Dead or Diseased Trees:X:X:Removal of dead,terminally Limited to Tree cutting ofdiseased,damaged,or dangerous cutting of hazard hazard trees orgroundcoverorhazardtrees
which have been certified as trees;such other woody
such by a forester,registered hazard trees shall vegetation
Xl X X X be retained as accomplishedlandscapearchitect,or certified large woody such that treesarborist,selection of which to be debris in the are retained inapprovedbytheCitybasedonstreamlbufferthewetlandandthetypeofinformationrequired,corridor,where buffer whereortheCitypriortotheirfeasible.feasible.removal.
Id.Surface Water:
i.New Surface Water
Discharges:New surface water
discharges to wetland Categories
1,2 and 3,or buffers of X X X
Categories 1,2 and 3,and to
streams or lakes from detention
facilities.oresettlement oonds or
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ORDINANCE NO.5137
EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Stre,,,,,,nd F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
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
adverse 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 equal or
improved wetland or stream/lake
functions and values.Where
differences exist between these
regulations and RMC 4-6-030,
these regulations will take
precedence.
ii.New or modified Regional
Stormwater Facilities:Regional
stormwater management
facilities to be operated and
maintained under the direction
of the City Surface Water Utility
that are proposed and designed
consistent with the Washington X X X
State Department of Ecology
Wetlands and Stormwater
Management Guidelines or
meeting equivalent objectives.
For habitat conservation areas,
this exemption applies only to
Category 1 wetlands.
iii.Flood Hazard Reduction:
Implementation of public flood
hazard reduction and public
surface water projects,where
habitat enhancement and X X
restoration at a 1:1 ratio are
provided,and appropriate
Federal and/or State
authorization has been received.
21
ORDINANCE NO.5137
I
EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Sire""",nd F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
Ie.Roads,Parks,Public and Private Utilities:
i.Relocation of Existing
Utilities out of Critical Area and
Buffer:Relocation out of critical
areas and required buffers of
natural gas,cable,
connnunication,telephone and
electric facilities,lines,pipes,
mains,equipment and
appurtenances,(not including Xl X X X X X
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.
ii.Existing Parks,Trails,Roads,
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 X X X Xestablishedsafetystandards.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 innnediately after the
use of construction equipment.
22
ORDINANCE NO.5137
EXEMPT ACTIVITIES -PERMIITED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Stre"",ond F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
iii.Utilities,Traffic Control,
Walkways,Bikeways Within
Existing,Improved Right-of-
Way or Easements:Within
existing improved public road
rights-of-way or easements,
installation,construction,
replacement,operation,
overbuilding,or alteration of all
natural gas,cable,
communication,telephone and X X X Xelectricfacilities,lines pipes,
mains,equipment or
appurtenances,traffic control
devices,illumination,walkways
and bikeways.If activities
exceed the existing improved
area or the public right-of-way,
this exemption does not apply.
Where applicable,restoration of
disturbed areas shall be
completed.
iv.Modification of Existing
Utilities and Streets by Ten
Percent (10%)or Less:
Overbuilding (enlargement
beyond existing project needs)
or replacement of existing utility
systems and replacement and/or
rehabilitation of existing streets,
provided:
(1)The work does not increase
the footprint of the structure,
line or street by more than ten X:X:
percent (10%)within the critical Exemption is Exemption is
area and/or buffer areas,and X not allowed in not allowed in
occurs in the existing right-of-Category 1 Category 1
way boundary or easement wetlands.wetlands.
boundary.
(2)Restoration shall be
conducted where feasible.
Compensation for impacts to
buffers shall include
enhancement of the remaining
buffer area along the impacted
area where there is enhancement
opportunity.
(3)The Administrator
determines that based on best
23
ORDINANCE NO.5137
I
EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Str,,,",,MUI F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
'udgment,a person would not:
(a)be able to meaningfully
measure,detect,or evaluate
insignificant effects;or (b)
expect discountable effects to
occur.
(4)This exemption allows for
10%maximum expansion total,
life of the project.After the
10%expansion cap is reached,
future improvements are subject
to all applicable provisions of
RMC 4-3-050.
v.Vegetation
Management/Essential Tree
Removal for Public or Private
Utilities,Roads,and Public X:Tree cutting
Parks:Maintenance activities,X:Trees shall be and vegetation
including routine vegetation retained as large management
management and essential tree woody debris in accomplished
removal,and removal of non-X X X the stream/buffer such that trees
native invasive vegetation or corridor,where are retained in
weeds listed by the King County feasible.the wetland and
Noxious Weed Board or other buffer where
government agency,for public feasible.
and private utilities,road rights-
of-way and easements,and
parks.
..
If.Wetland Disturbance,Modification and Removal:
i.Any Activity in Small
Category 3 Wetlands:Any
activity affecting hydrologically
isolated Category 3 wetland no
greater than two thousand two
hundred (2,200)square feet
when consistent with all of the
following criteria:
(1)Standing water is not present
in sufficient amounts,i.e.X
approximately 12 inches to 18
inches in depth from
approximately December
through May,to support
breeding amphibians;
(2)Species listed by Federal or
State government as endangered
or threatened,or the presence of
essential habitat for those
24
ORDINANCE NO.5137
EXEMPT ACTIVITIES -PERMI'ITED WITIllN CRITICAL AREAS AND ASSOCIATED BUFFERS
I Aqu;fur IFlood Geologic Habitat Stteamsand F
I
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~laSS 2 to Wetlands .
Area Area Area Area
species,are not present~
(3)Some form of mitigation is
provided for hydrologic and
water quality functions,for
example,stormwater treatment
or landscaping or other
mitigation;and
(4)A wetland assessment is
prepared by a qualified
professional demonstrating the
criteria of the exemption are
met.The wetland assessment
shall be subject to independent
secondary review at the expense
of the applicant consistent with
Section 4-3-050.F.7.
ii.Tempol3IY Wetland Impacts:
Temporary distmbances 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 X Xtemporarilydistwbedare
restored at a 1:I ratio.Category
I wetlands and Category 2
forested wetlands shall be
enhanced at a 2:I mtio in
addition to being restored For
habitat conservation areas,this
I
exemption applies only to
Category I wetlands.
Ig.Maintenance and Constroction -Existing Uses and Facilities:
i.Remodeling,Replacing,
Removing Existing Structures,
Facilities,and Improvements:
Remodeling,restoring,replacing
or removing structures,facilities
and other improvements in
existence on the date this section X X X X
becomes effective and that do
not meet the setback or buffer
requirements of this section
provided the work complies
with the criteria in RMC 4-10-
090,Nonconforming Activities.
25
ORDINANCE NO.5137
I
EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Stream;",d F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
IActivities.I I I I I I
ii.Maintenance and Repair -
Any Existing Public or Private
Use:Normal and routine
maintenance and repair of any
existing public or private uses
and facilities where no alteration
of the critical area and required
buffer or additional fill materials
will be placed.The use of heavy
construction equipment shall be
limited to utilities and public X X X Xagenciesthatrequirethistypeof
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.
iii.Modification of an Existing
Single Family Residence:
Construction activity connected
with an existing single family
residence and/or garage;
provided,that the work does not
increase the footprint of the
structure lying within the critical
area or buffer;and provided,
that no portion of the new work
occurs closer to the critical area
or required buffers than the
existing structure unless the X X X Xstructureoradditioncanmeet
required buffers.Existing or
rebuilt accessory structures
associated with single-family
lots such as fences,gazebos,
storage sheds,playhouses are
exempt from this Section.New
accessory structures may be
allowed when associated with
single family lots such as fences,
gazebos,storage sheds,play
houses and when built on and
located in a oreviouslv leQ:allv
26
ORDINANCE NO.5137
EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Streom.<,nd.F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
laltered area.I I I I I I
iv.Existing Activities:Existing
activities which have not been
changed,expanded or altered,X X X X Xprovidedtheycomplywiththe
applicable requirements of
chapter 4-10 RMC.
Ih.Emergency Activities:
i.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
subsection C9b of this Section.
An emergency means that an
action must be undertaken
immediately or within a time Xl X X X X X
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.
ii.Emergency Tree/Ground
Cover Cutting or Removal by X:Tree cutting
Agency or Utility:Removal of X and vegetation
trees and/or ground cover by any Downed hazard management
City department or agency trees shall be accomplished
and/or public or private utility in Xl X X X retained as large such that trees
emergency situations involving woody debris in are retained in
immediate danger to life or the the wetland and
property,substantial ftre stream/buffer.buffer where
hazards,or interruption of feasible.
services provided by a utility.
iii.Emergency Activities in
Aquifer Protection Area:Public
interest emergency use,storage,Xl
and handling of hazardous
materials by governmental
organizations.
I i.Hazardous Materials:
i.Federal or State Pre-emption:~Ir-I I ICleanuos.monitoring and/or
27
ORDINANCE NO.5137
EXEMPT ACTIVITIES -PERMITTED WITHIN CRlTICAL AREAS AND ASSOCIATED BUFFERS
I
Aquifer Flood Geologic Habitat Sire""",nd F
EXEMPT ACTIVITY Protection Hazard Hazard Conservation Lakes:~lass 2 to Wetlands
Area Area Area Area
studies undertaken under IIIIsupervisionoftheWashington
Department of Ecology or the
U.S.Environmental Protection
Agency.
ii.Use of Materials with No
Risk:Use,storage,and handling
of specific hazardous materials Xl
that do not present a risk to the
aquifer as determined and listed
by the Department.
IIf a hazardous material,activity,and/or facility that is exempt pursuant to this Section has a significant or
substantial potential to degrade groundwater quality,then the Department Administrator may require compliance
with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or
facility.
6.Limited Exemptions:Activities that are exempt from some,but not all
provisions of this Section 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.
Whether the exempted activities are also exempt from permits will be determined based upon
application ofRMC Chapters 4-8 and 4-9,or other applicable sections of the Renton Municipal
Code.
28
ORDINANCE NO.5137
n
......
Xl
Xl
.
'lLTh1I'T~I:>~)(:EMJ?'TI()J',TS -.."\yI'TruJ',T c=gI'TIc=~~ASA:J',Tl)i\~~()9i\'T~I:>:strFI-'Egs
rACTIVITY ..:E!~n ;Ed ~:~C co;:~on j ~~1:~~2 L
~.IIazardolls IVlaterials:
F=....;.;.;;...~"--':.;.;.;;...-:--..;.;.;;..."--'::--:-...,--':-.....----..,r----.r----.....,r------r------,.........:::..=
i.Materials for Sale in Original Xl
Small Containers:Hazardous
materials offered for sale in
heir original containers of five
(5)gallons or less shall be i
xempt from requirements in :
subsections H.2.d(i)through .'
vi)of this Section and the
equirements pertaining to
emoval of existing facilities in ••
~ubsection H?ll(i)......:.
·i.Activities Exempt from
iSpecified Aquifer Protection
!Area Requirements:The
•wollowing are exempt from
:.equirements in subsections
••.1H.2.d(i)through (vi)of this
iSection,the requirements
.!pertaining to review of
!proposed facilities in
•~ubsection C.8.e of this
iSection,Prohibited Activities :'
.iAquifer Protection Areas,and ••
he requirements pertaining to :'
:emoval of existing facilities in ••.
•~~u~b~s~ec~t:::io~n~H~.2::.a~('~i'i)~===c~====:J.F===.~=······:...···=····=·;;.·····;:::====:...·:...c····~==:...=·······==F'-===.1
•1)Hazardous materials use,:Xl
:~torage,and handling in de-:
:tminimus amounts (aggregate
Ruantities totaling twenty (20)
~allons or less at the facility or :
ronstruction site).Weights of :
••~olid hazardous materials will
~e converted to volumes for
!purposes of determining
••whether de-minimus amounts
~re exceeded.Ten (10)pounds
•~hall be considered equal to
~me gallon.).........
(2)Noncommercial residential
luse,storage,and handling of
Ihazardous materials provided
hat no home occupation
:Ibusiness (as defined by chapter:
~-ll RMC)that uses,stores,or
.lhandles more than twentv.(20).
29
ORDINANCE NO.5137
KIM!!~p ~Jfl?~!9~~=~!!!:II.N·~gI!!~~,~A~..f\l'l!?A~~Q~!A!~!?~.~g~":rXEMPT ACTIVITY Aquifer Flood Geologic Habitat Streams and •.•1Wetlands ,
Protection Hazard Hazard i Conservation Lakes:Class 2..•
Area Area Area.;Area to 4 •.'...'..........•
~~~~~~~~~~~~~:~~~:~rialis11,-m.,,_.,,_''',..,.j c=I .J !...,,-m,....."".1,....-.-",,,.,,,,,C
3)Hazardous materials in fuel t Xl ...~nks and fluid reservoirs ~..'
attached to a private or ..,~ommercial motor vehicle and "';'.
used directly in the operation i
iOft~~tvehi~le.,".....'O,..•.
~a~~;~~~i~t~;:in eXisti~g il Xl .I....J..,.".
~~~[~~~JI_JI_,..__ll j I Jl ;
.
;
..:='····~==:I
;
.
•..
:
Xl
6)Fueling of equipment not Xl'i
icensed for street use;,
provided,that such fueling !.
activities are conducted in a .
ontainment area that is .•
~~~~~~~I .
prevent hazardous materials !
rom coming into contact with ..
~oil,surface water,or
[groundwater except for ,
efueling associated with !
~onstruction activity regulated
[by subsection H.7 of this
~ection,Construction Activity
!standards -Zones 1 and 2.,...
.7)Hazardous materials
[contained in properly operatingl
~ealed units (transformers,
efrigeration units,etc.)that are!
~ot opened as part of routine '
~:".<?:_,_.._,,,.
Xl8)Hazardous materials in fuel
anks and fluid reservoirs
attached to private or
~ommercial equipment and •"
:used directly in the operation.•.
'ef.!~lI:!..~~ip~~~!:...".",.,l ,.._"m'"''.'......_.""..,._"••,...••••,,'....."••••••.~~~;l_~~~~~:.=~~~~i:~:,.~:.........l [,..,~~..,w ••:I ".,_"(,.m'",,,:1.__,,_._,J1 ,..__..""...:.
~~it~f:zr:~o~~~~i~~~~l~~:els,,.;Ul
I..'.n···nl
..·0'·",,'.n'··,..•··U'..Imotels,retirement homes,:i :...::
~onv1:liescentcenter/nursing;.......!'i,.'
30
ORDINANCE NO.5137
!LIMITED EXEMPTIONS -WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS........•.......•..........................•......
:
,
·
·
·
.................
.
..
...
I
.
.....
Xl
XI
iXE.MPT ACTIVITY Aquifer ,Flood Geologic Habitat Streams and .IIWetlands
Protection ..Hazard Hazard Conservation Lakes:Class 2
Area "Area Area Area to 4.....
:~omes,mobile or manufactured'
~ome parks,group homes,and :
eaycare fahmil Y hed0mbes or i :.:".
"enters w en us y owners ••.
and/or operators of such .."
'facilities for on-site operation
an~IIl!1iI1t~n~I1~~EllfJ'<:l~fl~·.....,.......
,~~~~:;z~~reiDCDDDD
~12)Hazardous materials used Xl ".
~or personal care by workers or ...
occupathnts ofthe facility at !'
which e products are stored ..•.
'neluding but not limited to:.·t
soaps,hair treatments,••
grooming aids,health aids,and;'...•.
medicines...L..........•...•"................................•:.:.:'":':'::':':....:.:.:===.:.:;.';=:.:.:.:=..:.:.::.:.:.:.:.:=;,:=,:=;::"._:,:,::::,::,,::,.:=,:,:,:=:.:.::.:.::.:.::.:.:.:=':=;~':=':=':=':="'::'.:="r...::="'::'...::'"..:.:-....,
'ii,Uses,Facilities,and .,
Activities in Zone I Modified '.
Aquifer Protection Area
IExempt from Specified Aquifer'
Protection Area Requirements::
lFacilities located in the Zone I
!Modified Aquifer Protection
!Area in Figure 4-3-050.Q.I are
·~xemptfrom the followin:!F
'I)Removal requirements in
·~ubsection H.2.a(i)of this
:Section except that the storage,
j:landling,use,treatment,and
production of
·etrachloroethylene (e.g.dry-
Tleanin~~uid)shall continue to
:I[)~..pr.<:l~l~l!~;.."____...
i~~~v~:~~~;~~~~n i~~nL_.....Jn~
:~§l~;g~If:m J~lJl I J JL_J._c
~£:r.~~~r~~~E~li:J~~JI_..CDC.I_..__
~~~~;~;;I1;~~fr~~;;~~~entjl...XI !~I '1 J ie
31
ORDINANCE NO.5137
j[)~I'I'~1)~~!"1P!!ON"~::-'!YITJ:IIN"~gI'I'I~~.i\I{§i\Sw~i\S.S.09i\'I'~p~~gs.'i XEMPT ACTIVITY .1 Aquif~r Flood Geologic Habitat.f Streams and •...lweU'ndS'
;ProtectIOn Hazard Hazard Conservation i Lakes:Class 2..'
,i Area Area;Area Area'to 4·.•'.xcep;th"~Zone2 i~r=-~~Dr~;Q~~:s.~~~~~pc~~~aiw~edin 4-6-:I.·L.................•too ..__.Lo ".'.r."...._!.w..'0'•
lIt a hazardous material,activity,and/or facility that is exempt pursuant to this Section has a significant or
•substantial potential to degrade groundwater quality,then the Department Administrator may require compliance
[with the aquifer protection requirements of this Section otherwise relevant to that hazardolls material activity and/or
•f'a~ility.:_',._0....•...,_...............__.
7.Exemptions in Buffers:The activities listed in the following table are allowed
within critical area buffers,and are exempt from the applicable provisions of this Section,
provided a letter of exemption has been issued per subsection C4 of this Section,Letter of
Exemption.If an "X"appears in a box,the listed exemption applies in the specified buffer.If an
"X"does not appear in a box,then the exemption does not apply in the required buffer.Whether
the exempted activities are also exempt from permits will be determined based upon application
of chapters 4-8 and 4-9 RMC,or other applicable sections of the Renton Municipal Code.
32
ORDINANCE NO.5137
EXEMPTIONS WITHIN CRITICAL AREA BUFFERS
i.Trails and Open Space:Walkways and
trails,and associated open space in critical
area buffers located on public property,or
where easements or agreements have been
granted for such purposes on private property.
All of the following criteria shall be met.
(1)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.
2)Trails and walkways shall be located in the
outer 25%of the buffer,i.e.the portion ofthe
buffer that is farther away from the critical
area.Exceptions to this requirement may be
made for:
x x x x
..
:
..
..
I,
Trail segments connecting to existing trails
where an alternate alignment is not practical.
Public access points to water bodies spaced
periodically along the trail.
(3)Enhancement of the buffer area is required
where trails are located in the buffer.Where
enhancement of the buffer area adjacent to a
trail is not feasible due to existing high quality
vegetation,additional buffer area or other
mitigation may be required.
(4)Trail widths shall be a maximum width of
twelve (12)feet.Trails shall be constructed of
permeable materials.Impervious materials
may be allowed if pavement is required for
handicapped or emergency access,or safety,
or is a designated nonmotorized transportation
route or makes a connection to an already
dedicated trail,or reduces potential for other
e~:,i~()Il?1:J:ltllli1?-Pll~t~........''.~~::;~~::~:f:E!~~~in r 11_![-llxII:G~;;~~:::~;S:~~~;:::~~~a,L J__J_____I_J_hJ_~_
33
;1 .
ORDINANCE NO.5137
EXEMPTIONS WITHIN CRITICAL AREA BUFFERS
...··v·"-,,_..............................•.~...~...
;Aquifer Flood Geologic Habitat St::~ms F
EXEMPT ACTIVITY i Protection Hazard Hazard Conservation Lakes:Wetlands
;Area Area Area Area Class 2 to
4
,.
!
,;
8.Prohibited Activities:Prohibited activities are identified below for each critical
area governed by this Section.
a.General-All Critical Areas:No action shall be taken by any person,
company,agency,or applicant which results in any alteration of a critical area except as
consistent with the purpose,objectives,and requirements of this section.
b.Prohibited Activities -Floodways:Encroachments,including fill,new
construction,substantial improvements,and construction or reconstruction of residential
structures is prohibited within designated floodways,unless it meets the provisions of subsection
1.4 of this Section,Additional Restrictions within Floodways.
c.Prohibited Activities -StreamslLakes and Wetlands:Grazing of
animals is not allowed within a stream,lake,wetland or their associated buffers.
d.Prohibited Changes in Land Use and Types of New Facilities-Aquifer
Protection Areas:
i.Zone 1:
34
ORDINANCE NO.5137
(1)Changes in land use and types of new facilities in which
any of the following will be on the premises:
(a)More than five hundred (500)gallons of
hazardous material;
(b)More than one hundred fifty (150)gallons of
hazardous material in containers that are opened and handled;
(c)Containers exceeding five (5)gallons in size;or
(d)Tetrachloroethylene (e.g.dry-cleaning fluid).
(2)Surface impoundments (as defined in chapters 173-303
and 173-304 WAC);
(3)Hazardous waste treatment,storage,and disposal
facilities;
(4)All types of landfills,including solid waste landfills;
(5)Transfer stations;
(6)Septic systems;
(7)Recycling facilities that handle hazardous materials;
(8)Underground hazardous material storage and/or
distribution facilities;
(9)New heating systems using fuel oil except for
commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank;
and
(10)Petroleum product pipelines.
11.Zone 2:
35
ORDINANCE NO.5137
(1)Surface impoundments (as defined in chapters 173-303
and 173-304 WAC);
(2)Recycling facilities that handle hazardous materials;
(3)Hazardous waste treatment,storage,and disposal
facilities;
(4)Solid waste landfills;
(5)Transfer stations;
(6)New heating systems using fuel oil stored in
underground storage tanks;and
(7)Petroleum product pipelines.
9.Temporary Emergency Exemption Procedure:
a.Temporary Emergency Exemption Purpose:Temporary emergency
exemptions shall be used only in extreme cases and not to justify poor planning by an agency or
applicant.
b.Temporary Emergency Exemption Review Authority and Decision
Criteria:Issuance of an emergency permit by the City does not preclude the necessity to obtain
necessary approvals from appropriate Federal and State authorities.Notwithstanding the
provisions of this section or any other City laws to the contrary,the Department Administrator
may issue a temporary emergency exemption letter if the action meets the following
requirements:
i.An unacceptable threat to life or severe loss of property will
occur if an emergency permit is not granted;
36
ORDINANCE NO.5137
ii.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;
iii.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:
i.Time Limits:The emergency shall be limited in duration to the
time required to complete the authorized emergency activity;provided,that no emergency permit
be granted for a period exceeding ninety (90)days except as specified in subsection C9c(ii)of
this Section.
ii.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.
iii.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.
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ORDINANCE NO.5137
iv.Expiration of Exemption Authorization:The emergency
exemption authorization may be terminated at any time without process upon a determination by
the Department Administrator that the action was not or is no longer necessary to protect human
health or the environment.
10.Nonconforming Activities or Structures:Regulated activities legally in
existence prior to the passage of this Section,but which are not in conformity with the provisions
of this Section are subject to the provisions of RMC 4-10-090 Nonconforming Activities.
D.ADMINISTRATION AND INTERPRETATION:
1.General Provisions -All Critical Areas:
a.Duties of Administrator:The PlanninglBuilding/Public Works
Administrator (the Department Administrator)or his/her duly authorized representative,shall
have the power and authority to enforce the provisions of this Section.For such purposes he/she
shall have the power of a law enforcement officer.
b.Interpretation:The Department Administrator shall have the power to
render interpretations of this Section and to adopt and enforce rules and regulations supplemental
to this Section as he/she may deem necessary in order to clarify the application of the provisions
of this Code.Such interpretations,rules and regulations shall be in conformity with the intent
and purpose of this Section.
c.Compliance:Unless specifically exempted by this Section,the City
shall not grant any approval or permit any regulated activity in a critical area or associated buffer
prior to fulfilling the requirements of this Section.
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ORDINANCE NO.5137
d.Reviewing Official:Wherever referenced in this Section,Reviewing
Official refers to the decision-making official or body authorized to grant permit approval for an
activity.
2.Aquifer Protection:
a.Inspections Authorized:The Department Administrator or hislher
designee shall have the right to conduct inspections of facilities at all reasonable times to
determine compliance with this Section.
i.Annual Inspections:All permitted facilities in an APA will be
subject to a minimum of one inspection per year by a Department inspector or designee.
ii.Monthly Inspections:All permitted facilities in Zone 1 of the
aquifer protection area will be subject to monthly inspections to determine compliance with the
provisions of the Section.
b.Potential to Degrade Groundwater -Zone 2:
i.Potential for Impacts Equal to Facility in Zone 1:If the
Department determines that an existing or proposed facility located in Zone 2 of an APA has a
potential to degrade groundwater quality which equals or exceeds that of a permitted facility in
Zone 1,then the Department may require that facility to fully comply with requirements for Zone
1 contained in subsections H2,Facilities,H4,Wastewater Disposal Requirements,H6,Pipeline
Requirements,C8e(ii),Prohibited Activities -APA Zone 1,and Cla(i),Aquifer Protection
Areas,Compliance with Section,Development Permits.
ii.Criteria:Criteria used to make the determination in subsection
D2b(i)of this Section,Potential for Impacts Equal to Facility in Zone 1,shall include but not be
limited to the present and past activities conducted at the facility;types and quantities of
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ORDINANCE NO.5137
hazardous materials stored,handled,treated,used or produced;the potential for the activities or
hazardous materials to degrade groundwater quality;history of spills at the site,and presence of
contamination on site.
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:
i.Review all development permits to determine that the permit
requirements of this Section have been satisfied;and
ii.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
iii.Review all development permits to determine if the proposed
development is located in the floodway.If located in the floodway,assure that the encroachment
provisions of subsection 14 of this Section,Additional Restrictions within Floodways,are met;
and
iv.Obtain,review,and reasonably utilize any base flood elevation
and floodway data available from a Federal,State or other source,when base flood elevation
data has not been provided in accordance with subsection 11 bi of this Section in order to
administer subsection 13,Specific Standards,and subsection 14,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:
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ORDINANCE NO.5137
i.Record Required:Where base flood elevation data is provided
through the flood insurance study or required as in subsection D3a(iv)ofthis Section,Use of
Other Base Flood Data,the applicant shall obtain and record the actual elevation (in relation to
mean sea level)ofthe lowest floor (including basement)of all new or substantially improved
structures,and whether or not the structure contains a basement.
ii.Elevations and Certificates:For all new or substantially
improved floodproofed structures:
(1)The applicant shall verify and record the actual
elevation (in relation to mean sea level);and
(2)The Department Administrator or his/her designee shall
maintain the floodproofing certifications required in subsection 4-8-120.D.6,Flood Hazard Data;
and
(3)Flood elevation certificates shall be submitted by an
applicant to the Development Services Division prior to the building finished floor construction.
Finished floor elevation should be verified by a preconstruction elevation certificate at the time
of construction of a substantial structural element ofthe finished floor (i.e.,foundation form for
the concrete floor).An as-built elevation certificate will be provided prior to issuance of final
occupancy,and the certificates shall be maintained by the Department Administrator or designee.
iii.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 ofalterationlrelocation of
watercourses,flood hazard regulation variances).
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ORDINANCE NO.5137
c.Alteration of Watercourses:The Department Administrator,or his/her
designee shall:
i.Notice Required:Notify abutting 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.
ii.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
of the areas of special flood hazard (for example,where there appears to be a conflict between a
mapped boundary and actual field conditions).The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in
RMC 4-1-050F,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 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:
i.Issue a critical areas permit for proposals not otherwise requiring
a development permit per subsection C3 of this Section,Finding of Conformance Required.
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ORDINANCE NO.5137
ii.Issue written letters ofexemption pursuant to subsection C4 of
this Section.
iii.Allow temporary emergency exemptions per subsection C7 of
this Section.
iv.Interpret critical areas regulations per subsection D1b ofthis
Section.
v.Approve the use of alternates in accordance with subsection Nl
ofthis Section and RMC 4-9-250E.
vi.Waive report content or submittal requirements per subsection
F6 ofthis Section.
vii.Grant administrative variances to those specified code sections
listed in RMC 4-9-250B and per Subsection N ofthis Section.
viii.Require tests for proof of compliance.
ix.Grant modifications per subsection N of this Section.
b.Review Authority -Geologic Hazards,Habitat Conservation,Streams
and Lakes,and Wetlands:The Department Administrator is authorized to make the following
administrative allowances and determinations:
i.Geologic Hazards:
(l)Waive independent review of geotechnical reports per
subsection F.7 ofthis Section.
(2)Increase or decrease required buffer for very high
landslide hazard areas per subsection J7b ofthis Section.
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ORDINANCE NO.5137
(3)Waive coal mine hazard reports per subsection J8 of
this Section.
(4)Grant a modification for created slopes per subsection
N2 of this Section.
ii.Habitat Conservation:Waive habitat/wildlife assessment reports
per subsection K2 of this Section.
iii.Streams and Lakes:
(1)Waive water body study requirement per subsection L.3
of this Section.
(2)Approve proposals for buffer width reductions in
accordance with the review criteria stated in subsection L.5.c of this Section.
(3)Approve proposals for buffer width averaging pursuant
to the standards and criteria stated in subsection LSd of this Section.
iv.Wetlands:
(1)Waive wetland assessment requirement per subsection
M3b of this Section.
(2)Determine whether wetlands are unregulated per
subsections MIa and MIb of this Section.
(3)Extend the valid period of a wetland delineation
pursuant to subsection M4d of this Section.
(4)Approve proposals for buffer width reductions of up to
twenty five percent (25 %)in accordance with the review criteria stated in subsection M6e of this
Section.
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ORDINANCE NO.5137
(5)Approve proposals for buffer width averaging pursuant
to the standards and criteria stated in subsection M6f of this Section.
(6)Authorize other category level for created or restored
wetlands per subsection Mllc of this Section.
(7)Waive requirements of this Section upon determination
that all impacts on wetlands would be mitigated as part of an approved area-wide wetlands plan
that,when taken as a whole over an approved schedule or staging of plan implementation,will
meet or exceed the requirements of this section (see subsection M9 of this Section).
c.Review Authority -Aquifer Protection Areas:The Department
Administrator is authorized to make the following administrative allowances and determinations:
i.Issue operating and closure permits.
ii.Determine pipeline requirements per subsection H5a(iii)and
H5b.
iii.Determine if Zone I requirements should apply in Zone 2 of an
APA per subsection D2b,Potential to Degrade Groundwater -Zone 2,and C8e(iii),Prohibited
Activities -Aquifer Protection Areas,Zone 2.
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.Relationship to Other Agencies and Regulations:Compliance with the
provisions of this Title does not constitute compliance with other federal,state,and/or other local
agency regulations and permit requirements that may be required.The applicant is responsible
for complying with these requirements,apart from the process established in this Title.
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ORDINANCE NO.5137
E.GENERAL PERFORMANCE STANDARDS,AND ALLOWED ALTERATIONS:
1.Perfonnance Standards:The perfonnance standards for each critical area are
specified in subsections G to M of this Section.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 subsections H to M of this Section and subject to
listed criteria,or through approval of modifications or variances.
4.Native Growth Protection Areas:
a.Applicability:
i.Required:A native growth protection area shall be instituted
when required by subsections H to M of this Section in order to protect a critical area from any
proposed development for a non-exempt activity as follows:
(a)Protected slopes per subsection 4-3-050.J.5.e.
(b)Very high landslide hazard areas per subsection 4-3-
050.J.7.c.
(c)Class 2 to 4 streams or lakes and their associated buffers
per subsection 4-3-050.L.7.
(d)Wetlands and their associated buffers per subsection 4-
3-050.M.7.
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ORDINANCE NO.5137
ii.Applied with Discretion:Native growth protection areas may
be required for very high landslide hazard area buffers,or for critical habitats and their buffers
pursuant to subsections 4-3-050.J.7 and 4-3-050.K.3.
iii.Application as Condition of Approval When Otherwise Not
Required:Where subsections H to M do not require a native growth protection area,the
Reviewing Official may condition a proposal to provide for native growth protection areas.
b.Standards:
i.Trees and ground cover shall be retained in designated native
growth protection areas.
ii.Activities allowed in a native growth protection areas shall be
consistent with applicable critical area regulations.
iii.The City may require enhancement of native growth protection
areas to improve functions and values,reduce erosion or landslide potential,or to meet another
identified purpose of this section or of critical area regulations.
c.Method of Creation:Native growth protection areas shall be established
by one of the following methods,in order of preference:
i.Conservation Easement:The permit holder shall,subject to the
City's approval,convey to the City or other public or nonprofit entity specified by the City,a
recorded easement for the protection of the critical area and/or its buffer.
ii.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
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ORDINANCE NO.5137
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.
iii.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.A covenant shall be
placed on the tract restricting its separate sale.Each abutting lot owner or the homeowners'
association shall have an undivided interest in the tract.
d.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.
e.Fencing:The City shall require permanent fencing of the native growth
protection area containing critical area and buffers when there is a substantial likelihood of
human or domesticated animal intrusion,and such fencing will not adversely impact habitat
connectivity.
f.Signage Required:The common boundary between a native growth
protection area and the abutting land must be permanently identified.This identification shall
include permanent wood or metal signs on treated or metal posts.Sign locations and size
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ORDINANCE NO.5137
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."
g.Responsibility for Maintenance:Responsibility for maintaining the
native growth protection easements or tracts shall be held by a homeowners'association,
abutting lot owners,the permit applicant or designee,or other appropriate entity,as approved by
the City.
h.Maintenance Covenant and Note Required:The following note shall
appear on the face of all plats,short plats,PUDs,or other approved site plans containing separate
native growth protection easements or tracts,and shall also be recorded as a covenant running
with the land on the title of record for all affected lots on the title:"MAINTENANCE
RESPONSIBILITY:All owners of lots created by or benefiting from this City action abutting or
including a native growth protection easement [tract]are responsible for maintenance and
protection of the easement [tract].Maintenance includes 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."
5.Discretionary -Building or Development Setbacks:The Reviewing Official
may require a building or activity setback from a critical area or buffer to ensure adequate
protection of the critical arealbuffer during construction and on-going maintenance of the
activity.A requirement for a setback shall be based on the findings of a critical area report or a
peer review required for the activity.
F.SUBMITTAL REQUIREMENTS AND FEES:
1.Applicability:When a regulated critical area or associated buffer is identified,
the following procedures apply.
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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 and Studies Required:When an application is submitted for any building
permit or land use review and/or to obtain approval of a use,development or construction,the
location of the critical areas and buffers on the site shall be indicated on the plans submitted
based upon an inventory provided by a qualified specialist.
4.Submittal Requirements:See chapter 4-8 RMC.
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 and provided criteria to waive studies are
met in subsections H to M.
7.Independent Secondary Review:The City may require independent review of
an applicant's report as follows:
a.Aquifer Protection Areas,Flood Hazards,Habitat Conservation,
Streams and Lakes,Wetlands:When appropriate due to the type of critical areas,habitat,or
species present,or project area conditions,the Reviewing Official may require the applicant to
prepare and/or fund analyses or activities,including,but not limited to:
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ORDINANCE NO.5137
i.An evaluation by an independent qualified professional
regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or
programs,to include any recommendations as appropriate.This shall be paid at the applicant's
expense,and the Reviewing Official shall select the third party review professional;and/or
ii.A request for consultation with the Washington Department of
Fish and Wildlife,Washington State Department of Ecology,or the local Native American Tribe
or other appropriate agency;and/or
iii.Detailed surface and subsurface hydrologic features both on
and abutting to the site.
b.Geologic Hazards:Independent Secondary Review shall be conducted
in accordance with the following:
i.Required -Sensitive and Protected Slopes,and Medium,High,
or Very High Landslide Hazards:All geotechnical reports submitted in accordance with
subsection J2 of this Section,Special Studies Required,and chapter 4-8 RMC,Permits -General
and Appeals,shall be independently reviewed by qualified specialists selected by the City,at the
applicant's expense.An applicant may request that independent review be waived by the
Department Administrator in accordance with subsection D4b of this Section,Review Authority
-Geologic Hazards,Habitat Conservation,Streams and Lakes,and Wetlands.
ii.Required for Critical Facilities in Volcanic,High Erosion,High
Seismic,Medium Coal Mine,or High Coal Mine Hazards:The City shall require independent
review of a geotechnical report addressing a critical facility by qualified specialists selected by
the City,at the applicant's expense.An applicant may request that independent review be
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ORDINANCE NO.5137
waived by the Department Administrator in accordance with subsection D4b of this Section,
Review Authority -Geologic Hazards,Habitat Conservation,Streams and Lakes,and Wetlands.
iii.At City's Discretion -Volcanic,High Erosion,High Seismic,
Medium Coal Mine,or High Coal Mine Hazards:For any proposal except critical facilities,the
City may require independent review of an applicant's geotechnical report by qualified
specialists selected by the City,at the applicant's expense.
8.Mitigation Plan Required:
a.Criteria:For any mitigation plans required through the application of
subsections H to M,the applicant shall:
i.Demonstrate sufficient scientific expertise,the supervisory
capability,and the financial resources to carry out the mitigation project;and
ii.Demonstrate the capability for monitoring the site and to make
corrections during the monitoring period if the mitigation project fails to meet projected goals;
and
iii.Protect and manage,or provide for the protection and
management,of the mitigation area to avoid further development or degradation and to provide
for long-term persistence of the mitigation area;and
iv.Provide for project monitoring and allow City inspections;and
v.A void mitigation proposals that would result in additional future
mitigation or regulatory requirements for adjacent properties,unless it is a result of a code
requirement,or no other option is feasible or practical;and
vi.For onsite or offsite mitigation proposals,abutting or adjacent
property owners shall be notified when wetland creation or restoration,stream relocation,critical
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ORDINANCE NO.5137
area buffer increases,flood hazard mitigation,habitat conservation mitigation,or geologic
hazard mitigation have the potential to considerably decrease the development potential of
abutting or adjacent properties.For example,if a created wetland on a property would now
result in a wetland buffer intruding onto a neighboring property,the neighboring property owner
would be notified.Notification shall be given as follows:
(a)For applications that are not subject to notices of
application per RMC 4-8,notice of the mitigation proposal shall be given by posting the site and
notifying abutting or adjacent property owners with the potential to be impacted.Written
notification may be made prior to or at the time of the SEPA determination.
(b)For applications that are subject to notices of
application,the mitigation proposal shall be identified in the notice of application and mailed to
abutting or adjacent property owners with the potential to be impacted;if the determination of
the mitigation requirements is not known at the time of the notice of application,written notice
to abutting or adjacent property owners shall be given instead at the time of the SEPA
determination.
b.Timing of Mitigation Plan -Final Submittal and Commencement:
When a mitigation plan is required,the proponent shall submit a final mitigation plan for the
approval of the Administrator prior to the issuance of building or construction permits for
development.The proponent shall receive written approval of the mitigation plan prior to
commencement of any mitigation activity.
G.SURETY DEVICES:
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ORDINANCE NO.5137
1.Required for Mitigation Plans:For any mitigation plans required as a result of
the application of these regulations,the Responsible Official shall require a surety device to
ensure perfonnance consistent with RMC 4-1-230.
2.Time Period -Wetlands,Streams,and Lakes:For wetland and/or stream/lake
mitigation plans,the surety device shall be sufficient to guarantee that structures,improvements,
and mitigation required by permit condition perform satisfactorily for a minimum of 5 years after
they have been completed.
H.AQUIFER PROTECTION:
1.Applicability:The aquifer protection regulations apply to uses,activities,and
facilities located within an aquifer protection area (APA)as classified below.
a.Aquifer Protection Area (APA):Aquifer protection areas are the portion
of an aquifer within the zone of capture and recharge area for a well or well field owned or
operated by the City,as depicted in subsection Q.1 of this Section,Maps.
b.Aquifer Protection Zones:Zones of an APA are designated to provide
graduated levels of aquifer protection.Zone boundaries are determined using best available
science documented in the City of Renton Wellhead Protection Plan,an appendix of the City of
Renton Water System Plan,as periodically updated.The following zones may be designated:
i.Zone 1:The land area situated between a well or well field
owned by the City and the three hundred sixty five (365)day groundwater travel time contour.
11.Zone 1 Modified:The same land area described for Zone 1
but for the purpose of protecting a high-priority well,wellfield,or spring withdrawing from an
aquifer that is partially protected by overlying geologic strata.Uses,activities,and facilities
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ORDINANCE NO.5137
located in this area are regulated as if located within Zone 1 except as provided by C.6(a)(iii)of
this section.
iii.Zone 2:The land area situated between the three hundred
sixty five (365)day groundwater travel time contour and the boundary of the zone of potential
capture for a well or well field owned or operated by the City.If the aquifer supplying water to a
well,well field,or spring is naturally protected by overlying geologic strata,the City may choose
not to subdivide an APA into two (2)zones.In such a case,the entire APA will be designated as
Zone 2.
c.Mapping:
i.Determination of Location within a Zone of an Aquifer
Protection Area:In determining the location of facilities within the zones defined by subsection
Q.l of this Section,the following rules shall apply.
(a)Facilities located wholly within an APA zone shall be
governed by the restrictions applicable to that zone.
(b)Facilities having parts lying within more than one zone
of an APA shall be governed as follows:Each part of the facility shall be reviewed and regulated
by the requirements set forth in this Section for the zone in which that part of the facility is
actually located.
(c)Facilities having parts lying both in and out of an APA
shall be governed as follows:
That portion which is within an APA shall be governed by
the applicable restrictions in this Section;and
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ORDINANCE NO.5137
That portion which is not in an APA shall not be governed
by this Section.
ii.Zone Maps:The locations of aquifer protection areas (APA)in
the City are depicted by the map in subsection Q.l of this Section,Maps.
d.Performance Standards:In addition to the general standards of
subsection E of this Section,the following performance standards,subsections H2 to HIO,apply
to all non-exempt uses,activities,and facilities on sites located within an aquifer protection area
per subsection HI,Applicability.
e.Authority to Require Hydrogeologic Assessment:The City may require
an applicant to prepare a hydrogeologic study if the proposal has the potential to significantly
impact groundwater quantity or quality,and sufficient information is not readily available.Such
a report shall be prepared by a qualified professional at the applicant's expense.Report content
requirements may be specified by the City in accordance with State or Federal guidelines or
tailored to the particular development application.Peer review of the applicant's report may be
required in accordance with 4-3-050.F.7.
2.Facilities:
a.Removal of Existing Facilities -Zone 1:
i.The storage,handling,use,treatment or production of hazardous
materials in aggregate quantities greater than five hundred (500)gallons shall not be allowed
within Zone 1 of an APA after October 14,2002.The storage,handling,use,treatment or
production of tetrachloroethylene (e.g.dry-cleaning fluid)shall not be allowed within Zone 1 of
an APA after March 31,1999.
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ORDINANCE NO.5137
ii.Once a facility in Zone 1 is closed,relocated,or the use of
hazardous materials is terminated,reinstatement of the use of hazardous materials on the site in
quantities greater than that allowed for new facilities locating in Zone 1 as described in
subsection C.8.e(ii),Prohibited Activities,Zone 1,shall be prohibited.
iii.Closure of a facility or termination of any or all facility
activities shall be conducted in accordance with the closure requirements in RMC 4-9-015.F,
Closure Permit.
b.Existing Facilities Change in Quantities -Zone 1:In Zone 1 of an AP A,
no change in operations at a facility shall be allowed that increases the aggregate quantity of
hazardous materials stored,handled,treated,used,or produced with the following exception:
The aggregate quantity of hazardous materials may be increased not to exceed 500 gallons.
c.Existing Facilities -Allowances in Zone 2:The storage,handling,
treatment,use or production of hazardous materials at existing facilities shall be allowed within
Zone 2 of an APA upon compliance with the provisions of this Section.
d.Requirements for Facilities -Zones 1 and 2:The following conditions
in subsections H.2.d(i)to (vi)of this Section will be required as part of any operating permit
issued for facilities in Zone 1 of an APA.Conditions in subsections H.2.d(i)to (v)shall apply to
facilities in Zone 2 of an APA.
i.Secondary Containment -Zones 1 and 2:
(1)Materials Stored in Tanks subject to DOE -Zones 1
and 2:Hazardous materials stored in tanks that are subject to regulation by the Washington
Department of Ecology under chapter 173-360 WAC are exempt from containment requirements
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ORDINANCE NO.5137
in subsection H.2.d(i),Secondary Containment -Zones 1 and 2,but are subject to applicable
requirements in RMC 4-5-120,Underground Storage Tank Secondary Containment Regulations.
(2)Secondary Containment Devices and Requirements -
Zones 1 and 2:Every owner of a facility shall provide secondary containment devices adequate
in size to contain on-site any unauthorized release of hazardous materials from any area where
these substances are either stored,handled,treated,used,or produced.Secondary containment
devices shall prevent hazardous materials from contacting soil,surface water,and groundwater
and shall prevent hazardous materials from entering storm drains and,except for authorized and
permitted discharges,the sanitary sewer.Design requirements for secondary containment devices
are as follows:
(A)The secondary containment device shall be
large enough to contain the volume of the primary container in cases where a single container is
used to store,handle,treat,use,or produce a hazardous material.In cases where multiple
containers are used,the secondary containment device shall be large enough to contain the
volume of the largest container.Volumes specified are in addition to the design flow rate of the
automatic fire extinguishing system,if present,to which the secondary containment device is
subjected.The secondary containment device shall be capable of containing the fire flow for a
period of twenty (20)minutes or more.
(B)All secondary containment devices shall be
constructed of materials of sufficient thickness,density,and composition to prevent structural
weakening of the containment device as a result of contact with any hazardous material.If
coatings are used to provide chemical resistance for secondary containment devices,they shall
also be resistant to the expected abrasion and impact conditions.Secondary containment devices
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ORDINANCE NO.5137
shall be capable of containing any unauthorized release for at least the maximum anticipated
period sufficient to allow detection and removal of the release.
(C)Hazardous materials stored outdoors and their
attendant secondary containment devices shall be covered to preclude precipitation with the
exception of hazardous materials stored in tanks that have been approved by and are under
permit from the City of Renton Fire Prevention Bureau.Secondary containment for such tanks,if
uncovered,shall be able to accommodate the volume of precipitation that could enter the
containment device during a twenty four (24)hour,twenty five (25)year storm,in addition to the
volume of the hazardous material stored in the tank.Storage of hazardous materials,both indoors
and outdoors,shall,at all times,meet both the requirements of this Section and the Uniform Fire
Code.
(D)Secondary containment devices shall include
monitoring procedures or technology capable of detecting the presence of a hazardous material
within twenty four (24)hours following a release.Hazardous materials shall be removed from
the secondary containment device within twenty four (24)hours of detection and shall be legally
stored or disposed.
(E)Areas in which there are floor drains,
catchbasins,or other conveyance piping that does not discharge into a secondary containment
device that meets the requirements of this Chapter shall not be used for secondary containment
of hazardous materials.Closure of existing piping shall be according to procedures and designs
approved by the Department.
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ORDINANCE NO.5137
(F)Primary containers shall be impervious to the
contents stored therein,properly labeled,and fitted with a tight cover which is kept closed except
when substances are being withdrawn or used.
(0)Hazardous materials stored outdoors when the
facility is left unsupervised must be inaccessible to the public.Such techniques as locked storage
sheds,locked fencing,or other techniques may be used if they will effectively preclude access.
(H)Stored hazardous materials shall be protected
and secured,as needed,against impact and earthquake to prevent damage to the primary
container that would result in release of hazardous materials that would escape the secondary
containment area.
ii.Hazardous Material Monitoring Requirements for Existing
Facilities -Zones 1 and 2:
(1)The owners of all existing facilities shall implement
hazardous materials monitoring.
(2)All hazardous material monitoring activities shall
include the following:
(A)A written routine monitoring procedure which
includes,when applicable:the frequency of performing the monitoring method,the methods and
equipment to be used for performing the monitoring,the location(s)from which the monitoring
will be performed,the name(s)or title(s)of the person(s)responsible for performing the
monitoring and/or maintaining the equipment,and the reporting format.
(B)Written records of all monitoring performed
shall be maintained on-site by the operator for a period of three (3)years from the date the
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ORDINANCE NO.5137
monitoring was perfonned.The Department may require the submittal of the monitoring records
or a summary at a frequency that the Department may establish.The written records of all
monitoring perfonned in the past three (3)years shall be shown to the Department upon demand
during any site inspection.Monitoring records shall include but not be limited to:
•The date and time of all monitoring or
sampling;
•Monitoring equipment calibration and
maintenance records;
•The results of any visual observations;
•The results of all sample analysis
perfonned in the laboratory or in the field,including laboratory data sheets;
•The logs of all readings of gauges or other
monitoring equipment,groundwater elevations or other test results;and
•The results of inventory readings and
reconciliations.
(C)Visual monitoring must be implemented unless
it is determined by the Department to be infeasible to visually monitor.
(3)On every day of operation,a responsible person
designated by the permittee shall check for breakage or leakage of any container holding
hazardous materials.Electronic sensing devices approved by the Department may be employed
as part of the inspection process,provided that the system is checked daily for malfunctions.
iii.Emergency Collection Devices -Zones 1 and 2:Vacuum
suction devices,absorbent scavenger materials,or other devices approved by the Department
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ORDINANCE NO.5137
shall be present on site (or available within an hour by contract with a cleanup company
approved by the Department),in sufficient quantity to control and collect the total quantity of
hazardous materials plus absorbent material.The presence of such emergency collection devices
and/or cleanup contract are the responsibility and at the expense of the owner and shall be
documented in the operating permit.
iv.Inspection of Containment and Emergency Equipment -Zones
1 and 2:Owners shall establish procedures for monthly in-house inspection and routine
maintenance of containment and emergency equipment.Such procedures shall be in writing,a
regular checklist and schedule of maintenance activity shall be established,and a log shall be
kept of inspections and maintenance activities.Such logs and records shall be made available at
all reasonable times to the Department for examination.
v.Employee Training -Zones 1 and 2:Operators shall schedule
training for all new employees upon hiring and once per year thereafter to explain the conditions
of the operating permit such as emergency response procedures,proper hazardous waste
disposal,monitoring and reporting requirements,record keeping requirements,and the types and
quantities of hazardous materials on site.These training sessions will be documented and
recorded and the names of those in attendance will be recorded.These records shall be made
available at all reasonable times to the Department for inspection.
vi.Additional Facility Requirements for Zone 1:Owners shall
complete the following:
(1)Site Monitoring:For facilities located in Zone 1 of an
APA,an owner of a facility may,at their own expense,be required to institute a program to
monitor groundwater,surface water runoff,and/or site soils.The Department may require that
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ORDINANCE NO.5137
the owner of a facility install one or more groundwater monitoring wells in a manner'approved
by the Department in order to accommodate the required groundwater monitoring.Criteria used
to determine the need for site monitoring shall include,but not be limited to,the proximity of the
facility to the City's production or monitoring wells,the type and quantity of hazardous materials
on site,and whether or not the hazardous materials are stored in underground vessels.
Every owner required to monitor groundwater,surface
water runoff,and/or soils shall perform such monitoring semi-annually and obtain independent
analytical results of the presence and concentration of those chemicals requiring monitoring
(including breakdown and transformation products)as identified by the Department in the
operating permit.The analytical results shall be obtained through the use of Department of
Ecology-approved methods for water and/or soils.The results shall be filed within ten (10)days
with the Department.
If a facility is required to perform site monitoring pursuant
to subsection H.2.d(vi)of this Section,Additional Facility Requirements for Zone 1,Site
Monitoring,then a site monitoring plan will be required.This plan must indicate procedures to
be followed to assess groundwater,surface water runoff,and/or soil for concentrations of those
chemicals requiring monitoring as identified by the Department in the operating permit.If a
groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265,and
this program includes all of the chemicals identified in the operating permit,then it shall be
incorporated into the site monitoring plan which shall also include provisions to address the
groundwater monitoring requirements of subsection H.2.d(vi)of this Section,Additional Facility
Requirements for Zone 1,Site Monitoring,and RMC 4-9-015.G.3,Unauthorized Releases,
Monitoring Results.
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ORDINANCE NO.5137
(2)Site Improvements:
(A)For facilities located in Zone 1 of an APA,the
owner may be required to pave all currently unpaved areas of their facility that are subject to any
vehicular use or storage,use,handling,or production of hazardous materials.
(B)For those facilities located in Zone 1 of an APA
in which the nature of the business involves the use of hazardous materials outside of fully
enclosed structures,the City shall evaluate the existing storm water collection and conveyance
system,and reserves the right to require the owner to upgrade the system to meet the provisions
of RMC 4-6-030.E.3,Additional Requirements in Aquifer Protection Areas -Amendments to
King County Surface Water Design Manual.
(C)For those facilities located in Zone 1 of an
APA,the City may require the owner to test interior wastewater plumbing and the building side
sewer for tightness according to subsection H.6.a(ii),Pipeline Requirements -Zone 1,and
reserves the right to require that such wastewater conveyance be repaired or replaced according
to subsection H.6.a(i),Pipeline Requirements -Zone 1.
(3)Capital Cost Reimbursement for Additional Operating
Permit Requirements:The City shall pay fifty percent (50%)of documented capital costs up to
twenty five thousand dollars ($25,000.00)for required installation and construction of
monitoring wells,site paving,wastewater conveyance,and storm water improvements as
required in subsections H.2.d(vi)(1)and (2),Site Monitoring and Site Improvements.Payment
by the City shall be made according to adopted administrative rules.
3.Use of Pesticides and Nitrates -APA Zones 1 and 2:
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ORDINANCE NO.5137
a.Use of Pesticides:The application of hazardous materials such as
pesticides shall be allowed in an APA,except within one hundred feet (109)of a well or two
hundred feet (209)of a spring,provided that:
i.The application is in strict conformity with the use requirements
as set forth by the EPA and as indicated on the containers in which the substances are sold.
ii.Persons who are required to keep pesticide application records
by RCW 17.21.100.1 and WAC 16-228-190 shall provide a copy of the required records to the
Department within seventy two (72)hours of the application.
b.Nitrate-Containing Materials:The application of fertilizers containing
nitrates shall be allowed in an APA except within one hundred feet (109)of a well or two
hundred feet (209)of a spring;provided,that:
i.No application of nitrate-containing materials shall exceed one-
half (0.5)pound of nitrogen per one thousand (1,000)square feet per single application and a
total yearly application of five (5)pounds of nitrogen per one thousand (1,000)square feet;
except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths
(0.9)pound of nitrogen per one thousand (1,000)square feet per single application and eight (8)
pounds of nitrogen per one thousand (1,000)square feet per year;and
ii.Persons who apply fertilizer containing nitrates to more than one
contiguous acre of land located in the APA either in one or multiple application(s)per year shall
provide to the Department within seventy two (72)hours of any application the following
infonnation:
(1)The name,address,and telephone number of the person
applying the fertilizer;
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ORDINANCE NO.5137
(2)The location and land area of the application;
(3)The date and time of the application;
(4)The product name and fonnulation;
(5)The application rate.
4.Wastewater Disposal Requirements -Zones 1 and 2:Refer to RMC 4-6-04OJ,
Sanitary Sewer Standards,Additional Requirements that Apply within Zones 1 and 2 of an
Aquifer Protection Area.
5.Surface Water Requirements -Zones 1 and 2:Refer to RMC 4-6-030E,
Drainage Plan Requirements and Methods of Analysis for additional surface water requirements
applicable within Zones 1 and 2 of an Aquifer Protection Area.
6.Pipeline Requirements:
a.Pipeline Requirements -Zone 1:
i.All new and existing pipelines in Zone 1 shall be constructed or
repaired in accordance with material specifications contained in subsection S of this Section,
Pipeline Material.All existing product pipelines in Zone 1 shall be repaired and maintained in
accordance with best management practices and best available technology.
ii.All new pipelines constructed in Zone 1 shall be tested for
leakage in confonnance with the following provisions prior to being placed into service.
(1)Pipeline leakage testing shall be conducted in
accordance with best available technology,to the satisfaction of the Department.
(2)Pipeline leakage testing methods shall be submitted to
the Department for review prior to testing and shall include:a detailed description of the testing
methods and technical assumptions;accuracy and precision of the test;proposed testing
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ORDINANCE NO.5137
durations,pressures,and lengths of pipeline to be tested;and scale drawings of the pipeline(s)to
be tested.
(3)Upon completion of testing,pipeline leakage testing
results shall be submitted to the Department and shall include:record of testing durations,
pressures,and lengths of pipeline tested;and weather conditions at the time of testing.
(4)Routine leakage testing of new pipelines constructed in
Zone 1 may be required by the Department.
iii.If the Department has reason to believe that the operation or
proposed operation of an existing pipeline in Zone 1 of an APA may degrade ground water
quality,the Department may require leakage testing of the existing pipeline in accordance with
subsection H6a(ii)of this Section;and installation,sampling,and sample analysis of monitoring
wells.Routine leakage testing of existing pipelines in Zone 1 may be required by the
Department.Criteria for this determination is specified under subsection D2b(ii),Potential to
Degrade Groundwater -Zone 2,Criteria.
iv.Should pipeline leakage testing reveal any leakage at any level
then the Department shall require immediate repairs to the pipeline to the satisfaction of the
Department such that no infiltration of water into the pipeline or exfiltration of substances
conveyed in the pipeline shall occur.Any repairs which are made shall be tested for leakage
pursuant to subsection H6a(ii)of this Section.
b.Pipeline Requirements -Zone 2:If the Department has reason to
believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may
degrade groundwater quality,the Department may require:leakage testing in accordance with
subsection H6a(ii)of this Section;installation,sampling,and sample analysis of groundwater
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ORDINANCE NO.5137
monitoring wells;repair of the pipeline to the satisfaction of the Department such that
degradation of groundwater quality is minimized or eliminated.Criteria for this determination is
specified under subsection D2b(ii),Potential to Degrade Groundwater -Zone 2,Criteria.
7.Construction Activity Standards -Zones 1 and 2:Refer to RMC 4-4-030.C.7,
Construction Activity Standards -APA Zones 1 and 2.
8.Fill Material Requirements -Zones 1 and 2:Refer to RMC 4-4-060L4,Fill
Material,regarding quality of fill and fill material source statement requirements within aquifer
protection areas.
9.Regulations for Existing Solid Waste Landfills -Zones 1 and 2:
a.Materials:Earth materials used as fill or cover at a solid waste landfill
shall meet the requirements of RMC 4-4-060L4,Fill Material.
b.Groundwater Monitoring:The Department shall have the authority to
require an owner of a solid waste landfill to implement a groundwater monitoring program equal
to that described by King County Board of Health Title 10 (King County Solid Waste
Regulations)Section 10.72.020 and a corrective action program equal to that described by
Section 10.72.030.The Department shall have the authority ascribed to the health officer in said
regulations.Quarterly reports shall be provided to the Department detailing groundwater
monitoring activity during the preceding three (3)months.Reports detailing corrective action
required by the Department shall be submitted according to a written schedule approved by the
Department.
10.Hazardous Materials -Release Restrictions -Zones 1 and 2:Hazardous
materials shall not be spilled,leaked,emitted,discharged,disposed,or allowed to escape or
leach into the air,into groundwater,surface water,surface soils or subsurface soils.Exception:
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ORDINANCE NO.5137
Intentional withdrawals of hazardous materials for the purpose of legitimate sale,use,or disposal
and discharges permitted under federal,state,or local law.Any unauthorized releases shall be
subject to the procedural requirements of RMC 4-9-015G,Unauthorized Releases.
I.FLOOD HAZARDS:
1.Applicability:Flood hazard regulations shall apply to all areas of special flood
hazards within the jurisdiction of the City.In addition,all other applicable critical area or
Shoreline Master Program regulations shall apply within flood hazard areas.See RMC 4-3-
090.E for a description of Shoreline Master Program jurisdictional areas.
a.Areas of Special Flood Hazard:Areas of special flood hazard are
defined as the land in the floodplain subject to one percent or greater chance of flooding in any
given year.Designation on flood maps always include the letters A or V.
b.Mapping and Documentation:
i.Basic Map and Documentation Identifying Hazards:The areas
of special flood hazard are identified by the Federal Insurance Administration in a scientific and
engineering report entitled the Flood Insurance Study for the City of Renton,dated September
29,1989,and any subsequent revision,with accompanying flood insurance maps which are
hereby adopted by reference and declared to be a part of this section.The flood insurance study
is on file at the Planning/Building/Public Works Department.
ii.When Federal Insurance Study is Not Available:When base
flood elevation data has not been provided in accordance with subsection II bi of this Section the
Department Administrator 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
subsection 13,Specific Standards,and subsection 14,Additional Restrictions Within Floodways.
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ORDINANCE NO.5137
The best available information for flood hazard area identification shall be the basis for
regulation until a new Flood Insurance Rate Map is issued which incorporates the data utilized
under subsection D3a(iv)of this Section.
iii.Interpretation of FIRM Boundaries:Per RMC 4-3-050.D.3.d,
the Department Administrator,or his/her designee,shall make interpretations where needed,as
to exact location of the boundaries of the areas of special flood hazard (for example,where there
appears to be a conflict between a mapped boundary and actual field conditions).The best
available information for flood hazard area identification shall be the basis for regulation.
iv.Data to be Used for Existing and Future Flow Conditions:The
City shall determine the components of the flood hazard area after obtaining,reviewing and
utilizing base flood elevations and available floodplain data for a flood having a one percent
chance of being equaled or exceeded in any given year,often referred to as the "one-hundred-
year flood."The City may require projections of future flow conditions for proposals in
unmapped potential flood hazard areas.In mapped or unmapped flood hazard areas,future flow
conditions shall be considered for proposed bridge proposals crossing floodways.
c.Performance Standards:In addition to general standards of subsection
E of this Section,the following regulations,subsections 12 through lA,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 of
the structure.
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ORDINANCE NO.5137
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:
i.All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
ii.All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
iii.Electrical,heating,ventilation,plumbing,and air-conditioning
equipment and other service facilities shall be designed and/or otherwise elevated or located so
as to prevent water from entering or accumulating within the components during conditions of
flooding.
d.Utilities:
i.Water:All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters into the system.The proposed
water well shall be located on high ground that is not in the floodway (WAC 173-160-171).
ii.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.
iii.Waste Disposal:On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
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ORDINANCE NO.5137
e.Subdivision Proposals:
i.All subdivision proposals shall be consistent with the need to
minimize flood damage;
ii.All subdivision proposals shall have public utilities and facilities
such as sewer,gas,electrical,and water systems located and constructed to minimize flood
damage;
iii.All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage;and
iv.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:
i.Building Permits:Where elevation data is not available either
through the flood insurance study or from another authoritative source,i.e.,subsection D3a(iv)
of this Section,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 (?)above grade in these zones may
result in higher insurance rates.
ii.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).
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ORDINANCE NO.5137
3.Specific Standards:In all areas of special flood hazards where base flood
elevation data has been provided as set forth in subsection I1 b of this Section,Mapping and
Documentation,or subsection D3a(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:
i.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.
ii.Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited,or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of flood waters.Designs for meeting this
requirement must either be certified by a registered professional engineer or architect or must
meet or exceed the following minimum criteria:
(1)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
(2)The bottom of all openings shall be no higher than one
foot above grade;and
(3)Openings may be equipped with screens,louvers,or
other coverings or devices;provided,that they permit the automatic entry and exit of flood
waters.
b.Manufactured Homes:
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ORDINANCE NO.5137
i.All manufactured homes to be placed or substantially improved
within Zones AI-A30,AH,and AE on the community's Flood Insurance Rate Map,on sites
outside of a manufactured home park or subdivision,in a new manufactured home park or
subdivision,in an expansion to an existing manufactured home park or subdivision,or in an
existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage"as the result of a flood,shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated a minimum of one foot above the base
flood elevation and be securely anchored to an adequately anchored foundation system to resist
flotation,collapse and lateral movement.
ii.Manufactured homes to be placed or substantially improved on
sites in an existing manufactured home park or subdivision within Zones AI-30,AH,and AE on
the community's Flood Insurance Rate Map that are not subject to the above manufactured home
provisions shall be elevated so that either the lowest floor of the manufactured home is elevated a
minimum of one foot above the base flood elevation or the manufactured home chassis is
supported by reinforced piers or other foundation elements of at least equivalent strength that are
no less than thirty six inches (39")in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation,collapse,and lateral movement.
c.Nonresidential Construction:New construction of any commercial,
industrial or other nonresidential structure shall have the lowest floor,including basement,
elevated a minimum of one foot above the level of the base flood elevation.Substantial
improvement of any commercial,industrial or other nonresidential structure shall have the
lowest floor,including basement,elevated a minimum of one foot above the level of the base
flood elevation,or,together with attendant utility and sanitary facilities,shall:
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ORDINANCE NO.5137
i.Be floodproofed so that below the minimum elevation required
in "c"above the structure is watertight with walls substantially impermeable to the passage of
water;
ii.Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
iii.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
Department Administrator;
iv.Nonresidential structures that are elevated,not floodproofed,
must meet the same standards for space below the lowest floor as described in subsection I3a(ii)
of this Section;
v.Applicants floodproofing nonresidential buildings shall be
notified that flood insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g.,a building floodproofed to the base flood level will be rated as one foot
below).
d.Recreational Vehicles:Recreational vehicles placed on sites within
Zones AI-30,AH,and AE on the community's Flood Insurance Rate Map not including
recreational vehicle storage lots shall either:
i.Be on the site for fewer than one hundred eighty (180)
consecutive days;
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ORDINANCE NO.5137
ii.Be fully licensed and ready for highway use,on its wheels or
jacking system,is attached to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions;or
iii.Meet the requirements of subsection I3b of this Section and the
elevation and anchoring requirements for manufactured homes.
4.Additional Restrictions within Floodways:Located within areas of special
flood hazard established in subsection lIb of this Section,Flood Hazards:Mapping and
Documentation,are areas designated as floodways.Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris,potential projectiles,and
erosion potential,the following provisions apply:
a.Increase in Flood Levels Prohibited:Encroachments,including fill,new
construction,substantial improvements,and other development are prohibited unless
certification by a registered professional engineer demonstrates through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice that:
i.Encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge;and
ii.There are no adverse impacts to the subject property or abutting
or adjacent properties;and
iii.There are no higher flood elevations upstream;and
iv.The impact due to floodway encroachment shall be analyzed
using future land use condition flows.
b.Residential Construction in Floodways:Construction or reconstruction
of residential structures is prohibited within designated floodways,except for:
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ORDINANCE NO.5137
i.Repairs,reconstruction,or improvements to a structure which do
not increase the ground floor area;and
ii.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 may be excluded in
the fifty percent (50%).
c.Compliance Requirements:If subsections I4a and I4b of this section are
satisfied,all new construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of this section.
5.Critical Facility:Construction of new critical facilities shall be,to the extent
possible,located outside the limits of the special flood hazard area (SFHA)(one hundred (100)
year)floodplain.Construction of new critical facilities shall be permissible within the SFHA if
no feasible alternative site is available.Critical facilities constructed within the SFHA shall have
the lowest floor elevated three feet or more above the level of the base flood elevation (one
hundred (100)year)at the site.Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into flood waters.Access routes elevated to
or above the level of the base flood elevation shall be provided to all critical facilities to the
extent possible.
6.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
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ORDINANCE NO.5137
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 one hundred (100)year future land use
conveyance and storage events shall be used by the City to determine the volume of
compensatory storage required for filling within the one hundred (100)year flood zone of
Springbrook Creek.
i.An exception to this requirement shall apply where the Federal
Emergency Management Agency (FEMA)defined one hundred (100)year flood zone is lower
than the City model results for the one hundred (100)year future land use conveyance event.
ii.Under the exception,the lower FEMA floodplain elevation shall
be used.The exception only applies for the reach of Springbrook Creek between SW 43rd Street
and Oakesdale Avenue near SW 41st Street.
c.Determining Finished Floor Elevations According to FEMA:Although
City model results will apply to compensatory storage requirements,the FEMA one hundred
(100)year flood plain elevations shall be used to establish building finished floor elevations to
comply with other National Flood Insurance Program requirements.
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ORDINANCE NO.5137
J.GEOLOGIC HAZARDS:
1.Applicability:The geologic hazard regulations apply to all nonexempt activities
on sites containing steep slopes,landslide hazards,erosion hazards,seismic hazards,and/or coal
mine hazards classified below or on sites within fifty feet (50)of steep slopes,landslide hazards,
erosion hazards,seismic hazards,and/or coal mine hazards classified below which are located on
abutting or adjacent sites.
a.Steep Slopes:
i.Steep Slope Delineation Procedure:The boundaries of a
regulated steep sensitive or protected slope are determined to be in the location identified on the
City of Renton's 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 sensitive or protected steep slopes.All topographic maps shall utilize two (2)
foot contour intervals or the standard utilized in the City of Renton Steep Slope Atlas.
ii.Steep Slope Types:
(a)Sensitive Slopes.
(b)Protected Slopes.
b.Landslide Hazards:
i.Low Landslide Hazard (LL):Areas with slopes less than fifteen
percent (15%).
ii.Medium Landslide Hazard (LM):Areas with slopes between
fifteen percent (15%)and forty percent (40%)and underlain by soils that consist largely of sand,
gravel or glacial till.
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ORDINANCE NO.5137
iii.High Landslide Hazards (LH):Areas with slopes greater than
forty percent (40%),and areas with slopes between fifteen percent (15%)and forty percent
(40%)and underlain by soils consisting largely of silt and clay.
iv.Very High Landslide Hazards (LV):Areas of known mappable
landslide deposits.
c.Erosion Hazards:
i.Low Erosion Hazard (EL):Areas with soils characterized by the
Natural Resource Conservation Service (formerly U.S.Soil Conservation Service)as having
slight or moderate erosion potential,and that slope less than fifteen percent (15%).
ii.High Erosion Hazard (EH):Areas with soils characterized by
the Natural Resource Conservation Service (formerly U.S.Soil Conservation Service)as having
severe or very severe erosion potential,and that slope more steeply than fifteen percent (15%).
d.Seismic Hazards:
i.Low Seismic Hazard (SL):Areas underlain by dense soils or
bedrock.These soils generally have site coefficients of types Sl or S2,as defined in the Uniform
Building Code.
ii.High Seismic Hazard (SH):Areas underlain by soft or loose,
saturated soils.These soils generally have site coefficients of types S3 or S4,as defined in the
Uniform Building Code.
e.Coal Mine Hazards:
i.Low Coal Mine Hazards (CL):Areas with no known mine
workings and no predicted subsidence.While no mines are known in these areas,undocumented
mining is known to have occurred.
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ii.Medium Coal Mine Hazards (CM):Areas where mine workings
are deeper than two hundred feet (209)for steeply dipping seams,or deeper than fifteen (15)
times the thickness of the seam or workings for gently dipping seams.These areas may be
affected by subsidence.
iii.High Coal Mine Hazard (CH):Areas with abandoned and
improperly sealed mine openings and areas underlain by mine workings shallower than two
hundred feet (209)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.
f.Volcanic Hazards:Volcanic hazard areas are those areas subject to a
potential for inundation from post lahar sedimentation along the lower Green River as identified
in Plate II,Map D,in the report U.S.Department of the Interior,U.S.Geological Survey
(Revised 1998).Volcano Hazards/rom Mount Rainier,Washington.Open-File Report 98-428.
g.Mapping:Maps of steep slopes,landslide,erosion,seismic,and coal
mine hazards are documented and included in subsection Q of this Section,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.
h.Performance Standards:In addition to the general standards of
subsection E of this Section,the following performance standards,subsections 12 to J9,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
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a site feature,for example steep slope,landslide and erosion hazards,based upon overlapping
classification systems.
2.Special Studies Required:
a.Whenever a proposed development requires a development permit and a
geologic hazard is present on the site of the proposed development or on abutting or adjacent
sites within fifty feet (50)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:
i.Sensitive and protected slopes;
ii.Medium,high,or very high landslide hazards;
iii.High erosion hazards;
iv.High seismic hazards;
v.Medium or high coal mine hazards.
b.The required studies shall demonstrate the following review criteria can
be met:
i.The proposal will not increase the threat of the geological hazard
to adjacent properties beyond pre-development conditions;and
ii.The proposal will not adversely impact other critical areas;and
iii.The development can be safely accommodated on the site.
c.A mitigation plan may be required by the Responsible Official,
consistent with Section F.8.
3.Independent Secondary Review:Independent secondary review is required
consistent with 4-3-050.F.7.
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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.A mitigation plan may be required consistent with Section F8.
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 forty percent (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:
i.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
subsection N2 of this Section,Modifications.
ii.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
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transportation improvements,railroad track installation or improvement,or public or private
utility installation activities,pursuant to subsection N2 of this Section,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 4-9-250Bl.
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:
i.The utility or road improvement is consistent with the Renton
Comprehensive Plan,adopted Utility Plans,and the Transportation Improvement Program where
applicable.
ii.Alternative locations have been determined to be economically
or functionally infeasible.
iii.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.
iv.The plan for the improvement is based on consideration of the
best available science as described in WAC 365-195-905;or where there is an absence of valid
scientific information,the steps in RMC 4-9-250F are followed.
Where the excepted activities above are allowed,the erosion control
measures in subsection J6 ofthis Section,Sensitive Slopes,Medium,High and Very High
Landslide Hazards,and High Erosion Hazards,shall also apply.
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e.Native Growth Protection Areas -Protected Slopes:Unless
development is allowed pursuant to subsection J.5.a through J.5.d,protected slopes shall be
placed in a native growth protection area pursuant to RMC 4-3-050E.4,or dedicated to a
conservation organization or land trust,or similarly preserved through a permanent protective
mechanism acceptable to the City.
f.Conditions of Approval:Based upon the results of the geotechnical
report and independent review,conditions of approval for developments on sites which include
steep slopes may include,but are not limited to vegetation enhancement,slope stabilization,
buffer zones,or other requirements.Mitigation plans may be required consistent with Section
F8.
g.Coordination with Stream and Lake Buffers:When a required
stream/lake buffer falls within a protected slope area,the stream/lake buffer width shall extend to
the boundary of the protected slope.
6.Sensitive Slopes -Medium,High and Very High Landslide Hazards -High
Erosion Hazards:The following standards apply to development on sensitive slopes,
medium/high/very high landslide hazard areas,and high erosion hazard areas:
a.Erosion Control Plans:Development applications shall submit erosion
control plans consistent with subsection 12 of this Section,Special Studies Required,and chapter
4-8 RMC,Permits and Decisions.
b.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.Mitigation plans may be required consistent with Section F8.
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c.On-Site Inspections:During construction,weekly on-site 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 variance,administered pursuant to RMC
4-9-250Bl,for construction of a single family home on an existing legal lot.
b.Buffer Requirement:A buffer of fifty feet (50)shall be established from
the top,toe and sides of a very high landslide hazard area.The Department Administrator may
increase or decrease the required buffer based upon the results of a geotechnical report,and any
increase or decrease based upon the results of the geotechnical study shall be documented in
writing and included with the project approval.
i.The modified standard shall be based on consideration of the best
available science as described in WAC 365-195-905;or where there is an absence of valid
scientific information,the steps in RMC 4-9-250F shall be followed.Notification may be
required pursuant to Section F8.
ii.When a required stream/lake buffer falls within a very high
landslide hazard area or buffer,the stream/lake buffer width shall extend to the boundary of the
very high landslide hazard buffer.
c.Native Growth Protection Area -Very High Landslide Hazards:The
landslide hazard area shall be placed in a native growth protection area pursuant to subsection
E.4 of this Section,or dedicated to a conservation organization or land trust,or similarly
preserved through a permanent protective mechanism acceptable to the City.Based upon the
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results of the geotechnical study,the buffer may be placed in a native growth protection area,or
it may be designated as a "no build"easement,or the area may be designated in part,a native
growth protection area and in part,a "no build"easement.
8.Coal Mine Hazards:
a.Medium Hazard -Report Required:Reports consistent with subsection
J2 of this Section,Special Studies Required,and chapter 4-8 RMC,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 subsection D4b of this Section,Review Authority -Geologic Hazards,Habitat Conservation,
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 subsection 12
of this Section,Special Studies Required,and chapter 4-8 RMC,Permits and 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 subsection
D4b of this Section,Review Authority -Geologic Hazards,Habitat Conservation,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,backfilling existing
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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.A mitigation
plan may be required consistent with Section F8.
i.Additional Engineering Design and Remediation Specifications:
After approval of the mitigation approach proposed as a result of subsection J8c of this Section,
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 seam or seams,unless the impact is adequately mitigated in
accordance with the recommendations of the applicant's geotechnical professional.
9.Volcanic Hazards:Critical facilities on sites containing areas susceptible to
inundation due to volcanic hazards shall require an evacuation and emergency management plan.
The applicant for critical facilities shall evaluate the risk of inundation or flooding resulting from
mudflows originating on Mount Rainier in a geotechnical report,and identify any engineering or
other mitigation measures as appropriate.Mitigation plans may be required consistent with F8.
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K.HABITAT CONSERVATION:
1.Applicability:The habitat conservation regulations apply to all nonexempt
activities on sites containing or abutting critical habitat as classified below.
a.Critical Habitat:Critical habitats are those habitat areas which meet any
of the following criteria:
i.Habitats associated with he documented presence of non-
salmonid (see subsection L.1 and RMC 4-3-090 Shoreline Master Program Regulations for
salmonid species)species proposed or listed by the federal government or State of Washington
as endangered,threatened,candidate,sensitive,monitor,or priority;and/or
ii.Category 1 wetlands (refer to subsection M.1 of this Section for
classification criteria.
b.Mapping:
i.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.
ii.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 subsection
KIa of this Section,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.
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iii.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.
c.Performance Standards:In addition to the general standards of
subsection E of this Section,the following performance standards,subsections K2 to K5,apply
to all non-exempt activities on sites containing critical habitat areas per subsection KIa.
2.Habitat Assessment Required:Based upon subsection Kl of this Section,
Applicability,the City shall require a habitat/wildlife assessment for activities that are located
within or abutting a critical habitat,or that are adjacent to a critical habitat,and have the
potential to significantly impact a critical habitat.The assessment shall determine the extent,
function and value of the critical habitat and potential for impacts and mitigation consistent with
report requirements in RMC 4-8-120.D.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 subsection D4b of this Section.
3.Bald Eagle Habitat:Bald eagle habitat shall be protected pursuant to the
Washington State Bald Eagle Protection Rules (WAC 232-12-292).
4.Native Growth Protection Areas:Based on the required habitat assessment,the
Reviewing Official may require critical habitat areas and their associated buffers be placed in a
native growth protection area subject to the requirements of subsection E.4 of this Section,or
dedicated to a conservation organization or land trust,or similarly preserved through a
permanent protective mechanism acceptable to the City.
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5.Alterations Require Mitigation:If alterations to critical habitat/wildlife habitat
or buffers are proposed,mitigation shall be required by the City.The applicant shall evaluate
alternative methods of developing the property using the following criteria in this order:
a.Avoid any disturbances to the habitat.
b.Minimize any impacts to the habitat.
c.Compensate for any habitat impacts.
6.Mitigation Options:In addition to any performance standards or mitigation
required by wetland regulations,additional mitigation may be determined by the Reviewing
Official based upon the consultant report submitted by the applicant,and/or peer review of the
applicant's consultant report by a qualified professional selected by the City at the applicant's
expense,and/or by information from State or Federal agencies.
a.On-Site Mitigation:Mitigation shall be provided on-site,unless on-site
mitigation is not scientifically feasible due to physical features of the property.The burden of
proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site.
b.Off-Site Mitigation:When mitigation cannot be provided on-site,
mitigation shall be provided in the immediate vicinity of the permitted activity on property
owned or controlled by the applicant,and identified as such through a recorded document such
as an easement or covenant,provided such mitigation is beneficial to the habitat area and
associated resources.
c.In-Kind Mitigation:In-kind mitigation shall be provided except when
the applicant demonstrates and the City concurs that greater functional and habitat value can be
achieved through out-of-kind mitigation.
7.Mitigation Plan:Mitigation plans may be required consistent with F8.
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L.STREAMS AND LAKES:
1.Applicability/Lands to Which These Regulations Apply:These stream and lake
regulations apply to sites containing all or portions of Class 2 to 4 streams or lakes and/or their
buffers as described below.This section does not apply to Class 1 waters which are regulated by
RMC 4-3-090,Shoreline Master Program Regulations,or to Class 5 waters which are exempt.
All other critical area regulations,including,but not limited to flood hazard regulations and
wetland regulations,do apply to classified streams where applicable.
a.Classification System:The following classification system is hereby
adopted for the purposes of regulating streams and lakes in the City.Stream and lake buffer
widths are based on the following rating system:
i.Class 1:Class 1 waters are perennial salmonid-bearing waters
which are classified by the City and State as Shorelines of the State.
ii.Class 2:Class 2 waters are perennial or intermittent salmonid-
bearing waters which meet one or more of the following criteria:
(a)Mapped on Figure Q.4,Renton Water Class Map,as
Class 2;and/or
(b)Historically and/or currently known to support
salmonids,including resident trout,at any stage in the species lifecycle;and/or
(c)is a water body (e.g.pond,lake)between 0.5 acre and
20 acres in size.
iii.Class 3:Class 3 waters are non-salmonid-bearing perennial
waters during years of normal rainfall,and/or mapped on Figure Q.4,Renton Water Class Map,
as Class 3.
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iv.Class 4:Class 4 waters are non-salmonid-bearing intermittent
waters during years of normal rainfall,and/or mapped on Figure Q.4,Renton Water Class Map,
as Class 4.
v.Class 5:Class 5 waters are non-regulated non-salmonid-bearing
waters which meet one or more of the following criteria:
(a)flow within an artificially constructed channel where no
naturally-defined channel had previously existed;and/or
(b)Are a surficially isolated water body less than 0.5 acre
(e.g.pond)not meeting the criteria for a wetland as defined in Section M.
b.Measurement:
i.StreamILake Boundary:The boundary of a stream or lake shall
be considered to be its Ordinary High Water Mark (OHWM).The OHWM shall be flagged in
the field by a qualified consultant when any study is required pursuant to Subsection L of this
Section.
ii.Buffer:The boundary of a buffer shall extend beyond the
boundaries of the stream or lake to the width applicable to the stream/lake class as noted in
Subsection L.5 below,StreamlLake Buffer Width Requirements.Where streams enter or exit
pipes,the buffer in subsection ii shall be measured perpendicular to the ordinary high water mark
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from the end of the pipe along the open channel section of the stream.
Figure 4-3-050.L.bji.Buffer measurement at pipe opening.
c.Maps and Inventory:
i.Mapped Streams and Lakes:The approximate location and
extent of Class 2 to 4 water bodies within the City limits are indicated on a map in Subsection Q
of this Section,Maps.The map is to be used as a guide to the general location and extent of
streams.Specific locations and extents will be determined by the City based upon field review
and applicant-funded studies prepared pursuant to Subsection L.3.
ii.Reclassification:Where there is a conflict between the Renton
Water Class Map in Subsection Q and the criteria in Subsection L.1.a,the criteria in Subsection
L.1.a shall govern.The re-classification of a water body to a lower class (i.e.2 to 3,or 3 to 4,
etc.)requires Administrator acceptance of a Supplemental Stream or Lake Study,followed by a
legislative amendment to the map in Subsection Q prior to its effect.
iii.Unmapped Streams and Lakes:Streams and lakes which are
defined in Subsection L.l.a of this Section,Classification System,but not shown on the Renton
Water Class Map in Subsection Q,are presumed to exist in the City and are regulated by all the
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provisions of this Section.IF the water body is unmapped according to the City of Renton's
Water Class Map (refer to Subsection Q),and:
(a)the width of the stream channel averages less than two-
feet at the Ordinary High Water Mark,or
(b)the stream channel has an average gradient of greater
than 20 percent,or
(c)the channel or water body is upstream of an existing,
enduring,and complete barrier to salmonid migration,as interpreted in Subsection L.l.c.iv
below,or as shown on the City of Renton's Salmonid Migration Barrier Map,and the channel or
water body contains water only intermittently upstream of the barrier during years of normal
rainfall,or
(d)the water body is isolated from any connected stream
and/or wetland,or
(e)the water body is less than 0.5 acre in size and
connected to a stream meeting the criteria noted in Subsections L.1.c.iii.(a)through (c)above;
THEN the water body is considered Non-Salmonid-Bearing and
water class would be assessed based upon the Non-Salmonid-Bearing Waters criteria in
Subsections L.1.a.iii.through v.above.HOWEVER,If none of the conditions above apply,then
the water body is considered Salmonid-Bearing -Class 2.Classification of an unmapped stream
or lake is effective upon expiration of the 14-day appeal period following the Administrator's
determination,and the map in Subsection Q shall be amended consistent with Administrator
determinations at the next appropriate amendment cycle.
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iv.Salmonid Migration Barriers:For purposes of classifying or
reclassifying water bodies,features determined by the Administrator to be salmonid migration
barriers per definition in RMC 4-11-190 shall be mapped.The Administrator shall prepare and
update the map as appropriate and maintain a copy in the Planning/BuildinglPublic Works
Customer Service Area.
v.Experts or State Agency May Be Required or Consulted:The
City may require an applicant to retain an expert or to consult the Washington Department of
Fish &Wildlife to assess salmonid-bearing status of the channel in question and prepare a report
to the City detailing the facts and conclusion of their analysis.
vi.Criteria to Govern:The actual presence or absence of the
stream and lake criteria listed in this Section L,as determined by qualified professionals,shall
govern the treatment of an individual building site or parcel of land requiring compliance with
these regulations.
2.Applicability -Activities to Which This Section Applies:This Section applies
to all non-exempt activities on sites containing Class 2 to 4 streams or lakes and their associated
buffers.
3.Studies Required:
a.When Standard Stream or Lake Study Is Required:The applicant shall
be required to conduct a Standard Stream or Lake Study per RMC 4-8-120 if a site contains a
water body or buffer area or the project area is within one hundred feet (100')of a water body
even if the water body is not located on the subject property.
b.When Supplemental Stream or Lake Study is Required:The applicant
shall be required to conduct a Supplemental Stream or Lake Study per RMC 4-8-120 if a site
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contains a water body or buffer area and changes to buffer requirements or alterations of the
water body or its associated buffer are proposed,either administratively or via a variance request.
c.When Stream or Lake Mitigation Plan is Required:The applicant shall
be required to conduct a Stream or Lake Mitigation Plan per RMC 4-8-120 if impacts are
identified within a Supplemental Stream or Lake Study.The approval of the Stream or Lake
Mitigation Plan by the Administrator shall be based on the criteria located in Subsection L.3.c.ii
below.
i.Timing of Mitigation Plan -Final Submittal and
Commencement:When a Stream or Lake Mitigation Plan is required,the applicant shall submit
a final mitigation plan for the approval of the Administrator prior to the issuance of building or
construction permits whichever comes first.The applicant shall receive written approval of the
final mitigation plan prior to commencement of any mitigation activity.
ii.Criteria for Approval of Stream or Lake Mitigation Plan for
Alterations of Streams and Lakes or Associated Buffers:In order to approve a Stream or Lake
Mitigation Plan the Administrator shall find that the Plan demonstrates compliance with the
following criteria:
(a)Mitigation Location:Mitigation location shall follow
the preferences in (i)to (iv)below.Basins and subbasins are indicated in 4-3-050.Q,Maps:
(i)On-site mitigation:On-site mitigation is
required unless the Reviewing Official finds that on-site mitigation is not feasible or desirable;
(ii)Off-site mitigation within same drainage
subbasin as subject site:Off-site mitigation may be allowed when located within the same
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drainage subbasin as the subject site and if it achieves equal or improved ecological functions
over mitigation on the subject site;
(iii)Off-site mitigation within same drainage basin
within City limits:Off-site mitigation may be allowed when located within the same drainage
basin within the Renton City limits if it achieves equal or improved ecological functions within
the City over mitigation within the same drainage subbasin as the project;
(iv)Off-site mitigation within the same drainage
basin outside the City limits:Off-site mitigation may be allowed when located within the same
drainage basin outside the Renton City limits if it achieves equal or improved ecological
functions over mitigation within the same drainage basin within the Renton City limits and it
meets City goals.
(b)Mitigation Type:Types of mitigation shall follow the
preferences in (i)to (iii)below:
(i)Daylighting (returning to open channel)of
streams or removal of manmade salmonid migration barriers;
(ii)Removal of impervious surfaces in buffer areas
and improved biological function of the buffer;
(iii)In stream or in-lake mitigation as part of an
approved watershed basin restoration project;
(iv)Other mitigation suitable for site and water
body conditions that meet all other provisions for a mitigation plan.
In all cases,mitigation shall provide for equivalent or
greater biological functions per ii(e)below.
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(c)Contiguous corridors:Mitigation sites shall be located
to preserve or achieve contiguous riparian or wildlife corridors to minimize the isolating effects
of development on habitat areas,so long as mitigation of aquatic habitat is located within the
same aquatic ecosystem as the area disturbed;and
(d)Non-indigenous species:Wildlife,or fish species not
indigenous to the region shall not be introduced into a riparian mitigation area unless authorized
by a State or Federal permit or approval.Plantings shall be consistent with Section 4-3-
050.L.6.c.;and
(e)Equivalent or greater biological functions:The
Administrator shall utilize the report "City of Renton Best Available Science Literature Review
and Stream Buffer Recommendations"by AC Kindig &Company and Cedarock Consultants,
dated February 27,2003,unless superceded with a City-adopted study,to determine the existing
or potential ecological function of the stream or lake or riparian habitat that is being affected.
Mitigation shall address each function affected by the alteration.Mitigation to compensate
alterations to stream/lake areas and associated buffers shall achieve equivalent or greater biologic
and hydrologic functions and shall include mitigation for adverse impacts upstream or
downstream of the development proposal site.No-net-Ioss of riparian habitat or water body
function shall be demonstrated;and
(f)Minimum Mitigation Plan Performance Standards:See
Subsection 4-3-050.F.8.
(g)Additional Conditions of Approval:The Administrator
shall condition approvals of activities allowed within or abutting a stream/lake or its buffers,as
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necessary to minimize or mitigate any potential adverse impacts.Conditions may include,but are
not limited to,the following:
(i)Preservation of critically important vegetation
and/or habitat features such as snags and downed wood;
(ii)Limitation of access to the habitat area,
including fencing to deter unauthorized access;
(iii)Seasonal restriction of construction activities;
and
(iv)Establishment of a duration and timetable for
periodic review of mitigation activities.
(h)Based on Best Available Science:The applicant shall
demonstrate that the mitigation is based on consideration of the best available science as
described in WAC 365-195-905;or where there is an absence of valid scientific information,the
steps in RMC 4-9-250F are followed.
iii.Performance Surety:The Administrator shall require a
performance surety to ensure completion and success of proposed mitigation,per RMC 4-3-
050.0 and 4-1-230.
iv.Alternative Mitigation:The mitigation requirements set forth in
this Subsection L.3 may be modified at the Administrator's discretion if the applicant
demonstrates that improved habitat functions,on a per function basis,can be obtained in the
affected sub-drainage basin as a result of alternative mitigation measures.
d.Studies Waived:
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i.Standard Stream or Lake Study:May only be waived by the
Administrator when the applicant provides satisfactory evidence that:
(a)A road,building or other barrier exists between the
water body and the proposed activity,or
(b)The water body or required buffer area does not intrude
on the applicant's lot,and based on evidence submitted,the proposal will not result in significant
adverse impacts to nearby water bodies regulated under this Section;or
(c)Applicable data and analysis appropriate to the
proposed project exists and an additional study is not necessary.
ii.Supplemental Stream or Lake Study:May only be waived by
the Administrator when:
(a)No alterations or changes to the stream or lake,or its
standard buffer are proposed;or
(b)Applicable data and analysis appropriate to the
proposed project exists and an additional report is not necessary.
iii.Stream or Lake Mitigation Plan:May only be waived when no
impacts have been identified through a Supplemental Stream or Lake Study.
e.Period of Validity for Studies Associated with This Section:Studies
submitted and reviewed are valid for five (5)years from date of Study completion unless the
Administrator determines that conditions have changed significantly.
4.General Standards for Class 2 to 4 Waters:
a.Disturbance Prohibited:Streams and lakes and their buffer areas shall
be undisturbed,except where the buffer is to be enhanced,or where exemptions allowed in
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Subsection 4-3-050.C are conducted,or where allowed to be altered in accordance with
Subsections L5,L7 and L8.Where water body or buffer disturbance has occurred in accordance
with exemption or development permit approval during construction or other activities,
revegetation with native vegetation shall be required.
b.No Net Loss:There shall be no net loss of riparian area or shoreline
ecological function resulting from any activity or land use occurring within the regulated buffer
area.
5.StreamlLake Buffer Width Requirements:
a.Buffers and Setbacks:
i.Minimum StreamlLake Buffer Widths:The minimum width of
the required buffers shall be based upon the water body class.
(a)Class 2:100 feet
(b)Class 3:75 feet
(c)Class 4:35 feet
11.Piped or Culverted Streams:
(a)Building structures over a natural stream located in an
underground pipe or culvert except as may be granted by a variance in RMC 4-9-250 is
prohibited.Transportation or utility crossings or other alterations pursuant to Section L8 are
allowed.Pavement over a pre-existing piped stream is allowed.Relocation of the piped stream
system around structures is allowed.If structure locations are proposed to be changed or the
piped stream is being relocated around buildings,a hydrologic and hydraulic analysis of existing
piped stream systems will be required for any development project site that contains a piped
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stream to ensure it is sized to convey the 100-year runoff level from the total upstream tributary
area based on future land use conditions.
(b)No buffers are required along segments of piped or
culverted streams.The City shall require easements and setbacks from pipes or culverts
consistent with stormwater requirements in RMC 4-6-030 and the adopted drainage manual.
b.Increased Buffer Width:
1.Areas of High Blow-down Potential:Where the
stream/lake buffer is in an area of high blow-down potential as identified by a qualified
professional,the buffer width may be expanded an additional fifty (50)feet on the windward side
by the Responsible Official.Notifications may be required per section F8.
11.Buffers Falling Within Protected Slope or Very High
Landslide Area:When the required stream/lake buffer falls within a protected slope or very high
landslide hazard area or buffer,the stream/lake buffer width shall extend to the boundary of the
protected slope or the very high landslide hazard buffer.Notifications may be required per
section F8.
c.Reduction of Buffer Width:
i.Authority:Based upon an applicant's request,and the acceptance
of a Supplemental Stream or Lake Study,the Administrator may approve a reduction in the
minimum buffer widths where the applicant can demonstrate compliance with Subsections iv(a),
(c),(d),(e)and (f)below and any mitigation requirements as a result of L.3.c.ii above;or
compliance with Subsections iv(b),(c),(d),(e),and (f)below and any mitigation requirements as
a result of L.3.c.ii.above.
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ii.Minimum Buffer Width Permissible by Administrator:An
enhanced buffer shall not be less than the widths specified below for reduced buffers.
(a)Class 2:75 feet
(b)Class 3:50 feet
(c)Class 4:25 feet
(d)Sites Separated from Stream or Lake:As determined by
the Administrator,for development proposed on sites separated from the stream or lake by pre-
existing,intervening,and lawfully created structures,roads,bulkheads/hard structural
stabilization,or other substantial existing improvements.For the purposes of this section,the
intervening lots/parcels,roads,bulkheads/hard structural stabilization,or other substantial
improvements shall be found to:
(i)Separate the subject upland property from the
water body due to their height or width;and
(ii)Substantially prevent or impair delivery of most
riparian functions from the subject upland property to the water body.
The buffer width established shall reflect the riparian
functions that can be delivered to the regulated stream.
Greater buffer width reductions than listed in subsections (a)
through (c)above require review as a variance per Subsection N3 of this Section and RMC 4-9-
250B.Where a Class 2 or 3 stream is daylighted,greater buffer reductions may be allowed by
modification in RMC 4-3-050.N.2.
iii.Procedure:Such determination and evidence shall be included
in the application file.Public notification shall be given as follows:
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(a)For applications that are not subject to notices of
application per RMC 4-8,notice of the buffer determination shall be given by posting the site
and notifying parties of record,if any,in accordance with RMC 4-8.
(b)For applications that are subject to notices of
application,the buffer determination or request for determination shall be included with notice of
application.Upon determination,notification of parties of record,if any,shall be made.
iv.Criteria for Approval of Reduced Buffer Width:The following
criteria (a)and (c)through (f),or criteria (b)through (f)shall be met:
(a)Buffer condition:Either subsection (i)and (iii)through
(v)shall be met or subsection (ii)through (v)shall be met:
(i)The buffer area land is extensively vegetated
with native species,including trees and shrubs,and has less than 5 percent non-native invasive
species cover,and has less than fifteen percent (15%)slopes,or
(ii)The buffer can be enhanced with native
vegetation and removal of non-native species per criteria (c),and has less than fifteen percent
(15%) slopes;and
(iii)The width reduction will not reduce stream or
lake functions,including those of anadromous fish or nonfish habitat;and
(iv)The width reduction will not degrade riparian
habitat;and
(v)No direct or indirect,short-term or long-term,
adverse impacts to regulated water bodies,as determined by the City,will result from a regulated
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activity.The City's determination shall be based on specific site studies by recognized experts,
pursuant to Subsection F3 and RMC 4-8-120;or
(b)The proposal includes daylighting of a stream,or
removal of legally installed,as determined by the Administrator,salmonid passage barriers;and
(c)The project includes a buffer enhancement plan using
native vegetation and substantiates that the enhanced area will be equal to or improve the
functional attributes of the buffer;or in the case of existing developed sites where a natural
buffer is not possible,the proposal includes on-or off-site riparian/lakeshore or aquatic
enhancement proportionate to its project specific or cumulative impact on shoreline ecological
functions;and
(d)The proposal will result in,at minimum,no-net loss of
stream/lake/riparian ecological function;and
(e)The proposal does not result in increased flood hazard
risk;and
(f)The proposed buffer standard is based on consideration
of the best available science as described in WAC 365-195-905;or where there is an absence of
valid scientific information,the steps in RMC 4-9-250F are followed.
d.Averaging of Buffer Width:
i.Authority:Based upon an applicant's request,and the acceptance
of a Supplemental Stream or Lake Study,the Administrator may approve buffer width averaging.
ii.Minimum Averaged Buffer Widths:In no instance shall the
buffer width be less than:
(a)Class 2:50 feet
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(b)Class 3:37.5 feet
(c)Class 4:25 feet
Greater buffer width reductions than listed in subsections (a)
through (c)above require review as a variance per Subsection N3 of this Section and RMC 4-9-
250B.
iii.Criteria for Approval:Buffer width averaging may be allowed
by the Administrator only where the applicant demonstrates all of the following:
(a)The water body and associated riparian area contains
variations in ecological sensitivity or there are existing physical improvements in or near the
water body and associated riparian area;and
(b)Buffer width averaging will result in no-net loss of
stream/lake/riparian ecological function;and
(c)The total area contained within the buffer after
averaging is no less than that contained within the required standard buffer width prior to
averaging;and
(d)The proposed buffer standard is based on consideration
of the best available science as described in WAC 365-195-905;or where there is an absence of
valid scientific information,the steps in RMC 4-9-250F are followed.
iv.Buffer Enhancement May be Required:Where the buffer width
is reduced by averaging per this Subsection,buffer enhancement shall be required where
appropriate to site conditions,habitat sensitivity,and proposed land development characteristics.
v.Notification:Notification may be required consistent with
Subsection F8.
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6.Stream or Lake Buffer Use Restrictions and Maintenance:Any activity or
proposal subject to RMC 4-3-050.L shall comply with the following standards within required
buffer areas:
a.Preservation of Native Vegetation:Existing native vegetation shall be
preserved to the extent possible,preferably in consolidated areas.
b.Revegetation Required:Where water body buffer disturbance has
occurred in accordance with exemption or development permit approval or other activities,
revegetation with native vegetation shall be required.
c.Use of Native Species:When revegetation is required,native species,or
other appropriate species naturalized to the Puget Sound region and approved by the Reviewing
Official,shall be used.A variety of species shall be used which serve as food or shelter from
climatic extremes and predators,and as structure and cover for reproduction and rearing of
young.
d.Removal of Noxious Species:When required as a condition of
approval,noxious or undesirable species of plants shall be removed or controlled so as to not
compete with native vegetation.
e.Impervious Surface Restrictions:Where impervious surfaces exist in
buffer areas,such impervious surfaces shall not be increased or expanded within the buffer area.
The extent of impervious surfaces within the buffer area may only be re-arranged if the
reconfiguration of impervious surfaces and restoration of prior surfaced areas is part of an
enhancement proposal that improves ecological function of the area protected by the buffer.
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7.Criteria for Permit Approval-Class 2 to 4:Permit approval by the Reviewing
Official for projects on or near regulated water bodies shall be granted only if the approval is
consistent with the provisions of this Section L,and complies with the following:
a.Creation of Native Growth Protection Areas Required:As a condition of
any approval for any development permit issued pursuant to this Section,the property owner
shall be required to create a native growth protection area containing the stream/lake area and
associated buffers based upon field investigations performed pursuant to Subsection EA,and
b.At least one of the following conditions must apply:
i.A proposed action meets the standard provisions of this Section
and results in no net loss of regulated riparian area or shoreline ecological function in the
drainage basin where the site is located,or
ii.A proposed action meets alternative administrative standards
pursuant to this Section and the proposed activity results in no net loss of regulated riparian area
or shoreline ecological function in the drainage basin where the site is located;or
iii.A variance process is successfully completed and the proposed
activity results in no net loss of regulated riparian area or shoreline ecological function in the
drainage basin where the site is located.
8.Alterations Within Streams and Lakes or Associated Buffers
a.Transportation Crossings:
i.Criteria for Administrative Approval of Transportation Crossings
in StreamILake or Buffer Areas:Construction of vehicular or non-vehicular transportation
crossings may be permitted in accordance with an approved supplemental stream/lake study
subject to the following criteria:
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(a)The proposed route is determined to have the least
impact on the environment,while meeting City Comprehensive Plan Transportation Element
requirements and standards in RMC 4-6-060;and
(b)The crossing minimizes interruption of downstream
movement of wood and gravel;and
(c)Transportation facilities in buffer areas shall not run
parallel to the water body;and
(d)Crossings occur as near to perpendicular with the water
body as possible;and
(e)Crossings are designed according to the Washington
Department of Fish and Wildlife Fish Passage Design at Road Culverts,1999,and the National
Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings,2000,as may be
updated,or equivalent manuals as determined by the Responsible Official;and
(f)Seasonal work windows are determined and made a
condition of approval;and
(g)Mitigation criteria of RMC 4-3-050.L.3.c.ii.are met.
b.Alterations of Streams and Lakes or Associated Buffers --Utilities:
i.Criteria for Administrative Approval of Utilities in StreamlLake
or Buffer:New utility lines and facilities may be permitted to cross water bodies in accordance
with an approved supplemental stream/lake study,if they comply with the following criteria:
(a)Fish and wildlife habitat areas shall be avoided to the
maximum extent possible;and
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(b)The utility is designed consistent with one or more of
the following methods:
(i)Installation shall be accomplished by boring
beneath the scour depth and hyporheic zone of the water body and channel migration zone;or
(ii)The utilities shall cross at an angle greater than
sixty (60)degrees to the centerline of the channel in streams or perpendicular to the channel
centerline;or
(iii)Crossings shall be contained within the
footprint of an existing road or utility crossing;and
(c)New utility routes shall avoid paralleling the stream or
following a down-valley course near the channel;and
(d)The utility installation shall not increase or decrease the
natural rate of shore migration or channel migration;and
(e)Seasonal work windows are determined and made a
condition of approval;and
(f)Mitigation criteria of RMC 4-3-050.L.3.c.ii.are met.
c.Alterations of Streams and Lakes or Associated Buffers -In-Water
Structures and In-Water Work:
i.Administrative Approval of In-Water Structures or In-Water
Work:In accordance with an approved supplemental stream or lake study,in-water structures or
work may be permitted,subject to the following:In-stream structures,such as,but not limited to,
high flow bypasses,sediment ponds,in-stream ponds,retention and detention facilities,tide
gates,dams,and weirs,shall be allowed as part of an approved watershed basin restoration
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project approved by the City of Renton,and in accordance with mitigation criteria of RMC 4-3-
050.L.3.c.ii.The applicant will obtain and comply with State or Federal permits and
requirements.
d.Alterations of Streams and Lakes or Associated Buffers --Dredging.
i.Administrative Approval of Dredging:Dredging may be
permitted only when:
(a)Dredging is necessary for flood hazard reduction
purposes,if a definite flood hazard would exist unless dredging were permitted;or
(b)Dredging is necessary to correct problems of material
distribution and water quality,when such problems are adversely affecting aquatic life;or
(c)Dredging is associated with a stream habitat
enhancement or creation project not otherwise exempt in 4-3-050.C;or
(d)Dredging is necessary to protect public facilities;or
(e)Dredging is required as a maintenance and operation
condition of a federally funded flood hazard reduction project or a hazard mitigation project;and
(f)Applicable mitigation criteria of RMC 4-3-050.L.3.c.ii.
are met.
e.Alterations of Streams and Lakes or Associated Buffers --Stream
Relocation:
i.Administrative Approval of Stream Relocation:Stream
relocation may be allowed when analyzed in an accepted supplemental stream or lake
assessment,and when the following criteria and conditions are met:
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(a)Criteria -Stream relocation may only be permitted if
associated with:
(i)A public flood hazard reduction/habitat
enhancement project approved by appropriate State and/or Federal agencies;or
(ii)Expansion of public road or other public facility
improvements where no feasible alternative exists;or
(iii)A public or private proposal restoring a water
body and resulting in a net benefit to on-or off-site habitat and species.
(b)Additional Conditions:The following conditions also
apply to any stream relocation proposal meeting one or more of the above criteria:
(i)Buffer widths shall be based upon the new
stream location,provided that the buffer widths may be reduced or averaged if meeting criteria
of L.5 c or d or subsection (b )(ii).Where minimum required buffer widths are not feasible for
stream relocation proposals that are the result of activities pursuant to criteria i(a)(i)and i(a)(ii)
above,other equivalent on-or off-site compensation to achieve no-net-Ioss of riparian function is
provided;
(ii)When Class 4 streams are proposed for
relocation due to expansions of public roads or other public facility improvements per subsection
(a)(ii)above,the buffer area between the facility and the relocated stream shall not be less than
the width prior to the relocation.The provided buffer between the facility and the relocated
stream shall be enhanced or improved to provide appropriate function given the class and
condition of the stream;or if there is no buffer currently,other equivalent on-or off-site
compensation to achieve no-net-Ioss of riparian function is provided.
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(iii)Applicable mitigation criteria of RMC 4-3-
050.L.3.c.ii.must be met.
(iv)Proper notifications and records must be made
of stream relocations,per RMC 4-3-050.D.3.b,Information to be Obtained and Maintained,and
RMC 4-3-050.D.3.c,Alterations of Watercourses,in cases where the stream/lake is subject to
flood hazard regulations of RMC 4-3-050,as well as RMC 4-3-050.F8 if neighboring properties
are impacted.
f.Alterations -Single Family Home -Existing Legal Lot:If criteria to
reduce or average a buffer cannot be met,construction,reconstruction,additions,and associated
accessory structures of a single family home on an existing legal lot may be allowed to intrude
into a buffer pursuant to a variance as stated in RMC 4-9-250Bl.
g.Alterations -Other:Proposed alterations of a stream or lake or
associated buffer not addressed by Subsections L.8.a to L.8.f require a variance pursuant to RMC
4-9-250B in order to be conducted.
h.When Variance Is Required:If the proposed alteration applicable to
Subsections L.8.a to L.8.g does not meet the above criteria,it shall require a variance per
Subsection N3 of this Section and RMC 4-9-250B in order to be conducted.
9.Incentives for Restoration of Streams Located in an Underground Pipe or
Culvert:Daylighting of culverted watercourses should be encouraged and allowed with the
following incentives:
a.Modified Standards:
i.Residential Zones:Setbacks,lot width and lot depth standards of
RMC 4-2 may be reduced by the Reviewing Official without requirement of a variance for lots
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that abut the daylighted watercourse to accommodate the same number of lots as if the
watercourse were not daylighted.
ii.Mixed Use,Commercial,and Industrial Zones:
(a)Where greater lot coverage allowances are provided for
structured parking in RMC 4-2,lot coverage may be increased to the limit allowed for structured
parking if instead a stream is daylighted.The increase in impervious surface allowed shall be
equal to the area of stream restoration.
(b)Density bonuses may be allowed pursuant to RMC 4-9-
065 where specified.
b.Standard buffers may be reduced per 4-3-050.L.5.c.If reduced buffers
in L.5.c along with other development standards of the zone would not allow the same
development level as without the watercourse daylighting,a modification may be requested in 4-
3-050.N.
c.When designed consistent with the City's flood regulations in RMC 4-
3-050.1.6,portions of the daylighted stream/created buffer may be considered part of
compensatory storage in flood hazard areas.
d.Stream relocation is permitted subject to RMC 4-3-050.L.8.
M.WETLANDS:
1.Applicability:The wetland regulations apply to sites containing or abutting
wetlands as described below.Category 3 wetlands,less than two thousand two hundred (2,200)
square feet in area,are exempt from these regulations if they meet exemption criteria in RMC 4-
3-050.C.
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a.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:
i.Category 1:Category 1 wetlands are wetlands which meet one or
more of the following criteria:
(a)The presence of species listed by Federal or State
government as endangered or threatened,or the presence of essential habitat for those species;
and/or
(b)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
(c)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
(d)The presence of plant associations of infrequent
occurrence;or at the geographic limits of their occurrence;and/or
ii.Category 2:Category 2 wetlands are wetlands which meet one
or more of the following criteria:
(a)Wetlands that are not Category 1 or 3 wetlands;and/or
(b)Wetlands that have heron rookeries or osprey nests,but
are not Category 1 wetlands;and/or
(c)Wetlands of any size located at the headwaters of a
watercourse,i.e.a wetland with a perennial or seasonal outflow channel,but with no defined
influent channel,but are not Category 1 wetlands;and/or
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ORDINANCE NO.5137
(d)Wetlands having minimum existing evidence of human
related physical alteration such as diking,ditching or channelization;and/or
iii.Category 3:Category 3 wetlands are wetlands which meet one
or more of the following criteria:
(a)Wetlands that are severely disturbed.Severely disturbed
wetlands are wetlands which meet the following criteria:
(i)Are characterized by hydrologic isolation,
human-related hydrologic alterations such as diking,ditching,channelization and/or outlet
modification;and
(ii)Have soils alterations such as the presence of
fill,soil removal and/or compaction of soils;and
(iii)May have altered vegetation.
(b)Wetlands that are newly emerging.Newly emerging
wetlands are:
(i)Wetlands occurring on top of fill materials;and
(ii)Characterized by emergent vegetation,low plant
species richness and used minimally by wildlife.These wetlands are generally found in the areas
such as the Green River Valley and Black River Drainage Basin.
(c)All other wetlands not classified as Category 1 or 2 such
as smaller,high quality wetlands.
b.Maps and Inventory:
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i.The approximate location and extent of wetlands in the City is
displayed in subsection Q of this Section,Maps.The map is to be used as a guide to the general
location and extent ofwetlands.
ii.Wetlands which are defined in subsection M.1.a ofthis Section,
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.
iii.The actual presence or absence ofthe 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.
c.Delineation ofWetland Edge:For the purpose of regulation,the wetland
edge should be delineated pursuant to subsection M4 of this Section.
d.Regulated and Nonregulated Wetlands:Refer to subsection MIa and
M1 e ofthis Section for applicability thresholds for regulatory and nonregulatory wetlands.
e.Performance Standards:In addition to general standards of subsection
E ofthis Section,the following performance standards apply to all regulated wetlands.
i.Regulated and Nonregulated Wetlands -General:Wetlands
created or restored as a part of a mitigation project are regulated wetlands.Regulated wetlands
do not include those artificial wetlands intentionally created from nonwetland sites for purposes
other than wetland mitigation,including,but not limited to,irrigation and drainage ditches,
grass-lined swales,canals,detention facilities,wastewater treatment facilities,farm pond,and
landscape amenities,or those wetlands created after July 1,1990 that were unintentionally
created as a result ofthe construction of a road,street,or highway.The Department
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Administrator shall determine that a wetland is not regulated on the basis of photographs,
statements,and other evidence.
ii.Nonregulated Category 3 Wetlands:Based upon an applicant
request,the Department Administrator may determine that Category 3 wetlands are not
considered regulated wetlands,if the applicant demonstrates the following criteria are met:
(a)The wetland formed on top of fill legally placed on a
property;and
(b)The wetland hydrology is solely provided by the
,
compaction of the soil and fill material;and
(c)The U.S.Army Corps of Engineers has determined that
they will not take jurisdiction over the wetland.
2.General Standards for Permit Approval:Permit approval by the Reviewing
Official for projects involving regulated wetlands or wetland buffers shall be granted only if the
approval is consistent with the provisions of this section.Additionally,approvals shall only be
granted if:
a.A proposed action avoids adverse impacts to regulated wetlands or their
buffers or takes affirmative and appropriate measures to minimize and compensate for
unavoidable impacts;and
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.A variance process is successfully completed to determine conditions
for permitting of activity requested including measures to reduce impacts as appropriate.
3.Study Required:
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ORDINANCE NO.5137
a.When Study Is Required:Wetland assessments are required as follows:
i.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 (109)of a wetland even if the wetland is not located on the
subject property but it is determined that alterations of the subject property are likely to impact
the wetland in question or its buffer.If there is a potential Category 1 or 2 wetland within three
hundred (300)feet of a proposal,the City may require an applicant to conduct a study even if the
wetland is not located on the subject property but it is determined that alterations of the subject
property are likely to impact the wetland in question or its buffer.
ii.Wetland Delineation:A wetland delineation is required for any
portion of a wetland on the subject property that will be impacted by the permitted activities.
b.Study Waived:The wetland assessment shall be waived by the
Department Administrator when the applicant provides satisfactory evidence that a road,
building or other barrier exists between the wetland and the proposed activity,or when the buffer
area needed or required will not intrude on the applicant's lot,or when applicable data and
analysis appropriate to the project proposed exists and an additional report is not necessary.
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.
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b.Delineations -Open Water:Where wetlands are contiguous with areas
of open freshwater,streams,or rivers,the delineation shall be consistent with the Washington
State Wetlands Rating System:Western Washington,Second Edition,Washington State
Department of Ecology,August 1993,Publication #93-74,Appendix 5,or another accepted
Federal or State methodology,subject to City review.
c.Adjustments to Delineation by City:Where the applicant has provided a
delineation of the wetland edge,the City shall review and may render adjustments to the edge
delineation.In the event the adjusted edge delineation is contested by the applicant,the City shall
at the applicant's expense,obtain the services of an additional qualified wetlands specialist to
review the original study and render a final delineation.
d.Period of Validity for Wetland Delineation:
i.Within City Limits:A final wetland delineation,for properties
within the city limits at the time the delineation was prepared,is valid for five (5)years,unless
the Administrator determines that conditions have changed.
ii.Outside City Limits:The period of validity of wetland
delineations for properties,which were unincorporated at the time of the delineation,will be
determined by the Administrator.Following a review of a wetland delineation prepared for a
unincorporated property,since annexed into the city,the Administrator may require adjustments
be made to the study or a new study prepared,per subsection M3 of this Section,Delineation of
Regulatory Edge of Wetlands.
5.Determination of Wetland Classification:Wetland studies shall determine the
appropriate wetland classification according to subsection M1 of this Section,Wetlands.The
City may accept a dual wetland classification for a wetland exhibiting a combination of Category
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1 and 2 features or a combination of Category 1 and 3 features.The City will not accept a dual
rating for a Category 2 wetland,such as a combined Category 2 and 3 rating.Dual ratings for a
Category 1 wetland shall be consistent with the Washington State Wetlands Rating System:
Western Washington,Second Edition,Washington State Department of Ecology,August 1993,
Publication #93-74 or as thereafter amended or updated.
6.Wetland Buffers:
a.Buffers Required:
i.Wetland buffer zones shall be required of all proposed regulated
activities abutting regulated wetlands.
ii.Any wetland created,restored,or enhanced in conjunction with
creation or restoration as compensation for approved wetland alterations shall include the
standard buffer required for the class of the wetland being replaced.
iii.All required wetland buffer zones shall be retained in their
natural condition.Category 3 wetland buffers of 25 feet require the buffers be fully vegetated
with native species or restored;otherwise increased buffer widths to protect functions and values
may be required.
iv.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 of subsection M4a of this
Section,Methodology.
c.Standard Buffer Zone Widths:
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i.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 subsection M6e of this Section,and buffer averaging per
subsection M6f cannot be accomplished,a variance to buffer requirements may be requested per
subsection N of this Section,Alternates,Modifications and Variances,and RMC 4-9-250B,
Variance Procedures.If the criteria in subsection d below are met,standard buffers may be
increased.
.Wetland Category Standard Buf
ilCateg()ry 1 100 feet
50 feet
25 feet
ii.To protect the buffer functions,the Reviewing Official shall
condition permits as appropriate to the nature of the development.Conditions of approval may
include,but are not limited to,the following:
(a)Fencing pursuant to RMC 4-3-050.E.4.e,plant
materials,and signage pursuant to RMC 4-3-050.E.4.f,to limit pet and human disturbance;
(b)Directing lights from buildings or parking areas,or
noise generating activities,away from the wetland;
(c)Implementing water quality treatment measures
required in RMC 4-6-030,Drainage (Surface Water)Standards;
(d)Avoidance of buffer disturbance and retention of the
buffer in a natural condition consistent with 4-3-050.M.6.a.
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ORDINANCE NO.5137
d.Increased Wetland Buffer Zone Width:Each applicant shall document
in required wetland assessments whether the criteria dj through djv are or are not met and
increased wetland buffers are warranted.Based on the applicant's report or third party review,
the Responsible Official 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.Such determination shall be attached as a condition of project approval.
Analysis shall be prepared as directed in subsection v,and notification shall be given pursuant to
criteria vi.
i.The wetland is used by species listed by the Federal or the State
government as threatened,endangered and sensitive species and State-listed priority species,
essential habitat for those species or has unusual nesting or resting sites such as heron rookeries
or raptor nesting trees or evidence thereof;or
ii.The subject property,or nearby lands to which the subject
property drains in route to a wetland are susceptible to severe erosion,and erosion control
measures will not effectively prevent adverse wetland impacts;or
iii.The subject property,or nearby lands to which the subject
property drains in route to a wetland have minimal vegetative cover or slopes greater than fifteen
percent (15%)and conditions cannot be restored to prevent adverse wetland impacts;or
iv.Wetland dependent wildlife species are observed to be present
in the wetland,and may require larger buffers based upon the evaluation in subsection v;and
v.For proposals meeting any of the criteria in subsections i to iv,
buffers are established using a site specific evaluation and documentation of buffer adequacy
based upon The Science of Wetland Buffers and Its Implications for the Management of
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Wetlands,McMillan 2000,Wetlands in Washington State Volume 2:Guidance for Protecting
and Managing Wetlands,Appendix 8C (Hruby et al.2005),or similar approaches;and.
vi.Notification is given consistent with Subsection F8.
e.Reduction of Buffer Width:Based upon an applicant's request,the
Administrator may approve a reduction in the standard wetland buffer zone widths on a case-by-
case basis for Class 1 and 2 wetlands where the applicant can demonstrate compliance with
subsections M6ei and iii or ii and iii below.Such determination and evidence shall be included
in the application file and public notification shall be given in accordance with M6eiv.
Conditions may be applied in accordance with subsection v.
i.The buffer area 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,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
ii.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.Greater buffer width reductions require review as a variance
per subsection N3 of this Section.
iii.The proposal shall rely upon a site specific evaluation and
documentation of buffer adequacy based upon The Science of Wetland Buffers and Its
Implications for the Management of Wetlands,McMillan 2000,or similar approaches.The
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proposed buffer standard is based on consideration of the best available science as described in
WAC 365-195-905;or where there is an absence of valid scientific information,the steps in
RMC 4-9-250F are followed.
iv.Public notification of the buffer reduction determination shall
be given as follows:
(a)For applications that are not subject to notices of
application per RMC 4-8,notice of the buffer determination shall be given by posting the site
and notifying parties of record,if any,in accordance with RMC 4-8.
(b)For applications that are subject to notices of
application,the buffer determination or request for determination shall be included with notice of
application.Upon determination,notification of parties of record,if any,shall be made.
v.The Reviewing Official shall apply conditions of approval
equivalent or greater than those identified in M.6.c.ii to ensure that the reduced buffer width
protect the functions and values of the associated wetlands.
f.Averaging of Buffer Width:Standard wetland buffer zones may be
modified by averaging buffer widths.Upon applicant request,wetland buffer width averaging
may be allowed by the Department Administrator only where the applicant demonstrates all of
the following:
i.That the wetland contains variations in ecological sensitivity or
there are existing physical improvements in or near the wetland and buffer; and
ii.That width averaging will not adversely impact the wetland
function and values;and
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iii.That the total area contained within the wetland buffer after
averaging is no less than that contained within the required standard buffer prior to averaging;
and
iv.A site specific evaluation and documentation of buffer
adequacy based upon The Science of Wetland Buffers and Its Implications for the Management of
Wetlands,McMillan 2000,or similar approaches have been conducted.The proposed buffer
standard is based on consideration of the best available science as described in WAC 365-195-
905;or where there is an absence of valid scientific information,the steps in RMC 4-9-250F are
followed.
v.In no instance shall the buffer width 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 subsection N3 of this Section and RMC
4-9-250B;and
vi.Buffer enhancement in the areas where the buffer is reduced
shall be required on a case-by-case basis where appropriate to site conditions,wetland
sensitivity,and proposed land development characteristics.
vii.Notification may be required pursuant to Subsection F8.
7.Wetlands -Native Growth Protection Areas:As a condition of any approval
issued pursuant to this section for any development permit,the property owner shall be required
to create a separate native growth protection area containing the areas determined to be wetland
and/or wetland buffer in field investigations performed pursuant to subsections M4,Delineation
of Regulatory Edge of Wetlands,and M5,Determination of Wetland Classification.Native
growth protection areas shall be established pursuant to subsection E.4 of this Section.
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8.Wetland Changes -Alternative Methods of Development:If wetland changes
are proposed for a non-exempt activity,the applicant shall evaluate alternative methods of
developing the property using the following criteria in this order and provide reasons why a less
intrusive method of development is not feasible.In determining whether to grant permit approval
per subsection M2 of this Section,General Standards for Permit Approval,the Reviewing
Official shall make a determination as to whether the feasibility of less intrusive methods of
development have been adequately evaluated and that less intrusive methods of development are
not feasible:
a.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 for any permanent wetland or buffer impacts by one of the
following methods:
i.Restoring a former wetland and provide buffers at a site once
exhibiting wetland characteristics to compensate for wetlands lost;
ii.Creating new wetlands and buffers for those lost;and
iii.In addition to restoring or creating a wetland,enhancing an
existing degraded wetland to compensate for lost functions and values.
9.Compensating for Wetlands Impacts:
a.Goal:The overall goal of any compensatory project shall be no net loss
of wetland function and acreage and to strive for a net resource gain in wetlands over present
conditions.The concept of "no net loss"means to create,restore and/or enhance a wetland so
that there is no reduction to total wetland acreage and/or function.
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b.Plan Requirements:The applicant shall develop a plan that provides for
land acquisition,construction,maintenance and monitoring of replacement wetlands that recreate
as nearly as possible the wetland being replaced in terms of acreage,function,geographic
location and setting,and that are equal to or larger than the original wetlands.
c.Plan Performance Standards:Compensatory mitigation shall follow an
approved mitigation plan pursuant to subsections M8 to MlO of this Section and shall meet the
minimum performance standards in subsection 4-3-050.F.8.
d.Acceptable Mitigation -Permanent Wetland Impacts:Any person who
alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than
those altered in order to compensate for wetland losses.Enhancement of wetlands may be
provided as mitigation if it is conducted in conjunction with mitigation proposed to create or
restore a wetland in order to maintain "no net loss"of wetland acreage.Subsections MlO through
M12 provide further detail on wetland restoration,creation,and enhancement.
e.Restoration,Creation,or Combined Enhancement Required -
Compensation for Permanent Wetland Impacts:As a condition of any permit allowing alteration
of wetlands and/or wetland buffers,or as an enforcement action the City shall require that the
applicant engage in the restoration or creation of wetlands and their buffers (or funding of these
activities)in order to offset the impacts resulting from the applicant's or violator's actions.
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.
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f Compensating for Temporary Wetland Impacts:Where wetland
disturbance has occurred during construction or other activities,see subsection C5f(ii)of this
Section.
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.
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b.Compliance with Goals:Applicants proposing to restore or create
wetlands shall identify how the restoration or creation plan conforms to the purposes and
requirements of this section and established regional goals of no net loss of wetlands.
c.Category:Where feasible,created or restored wetlands shall be a higher
category than the altered wetland.In no cases shall they be lower,except as follows:For impacts
to Category 1 shrub-scrub and emergent wetlands,if it is infeasible to create or restore a site to
become a Category 1 wetland,the Administrator may allow for creation/restoration of high
quality Category 2 wetlands at one hundred fifty percent (150%)of the normally required
creation/replacement ratios of Category 1 shrub-scrub or emergent wetlands,within the basin.
d.Design Criteria:Requirements for wetland restoration or creation as
compensation areas shall be determined according to the function,acreage,type and location of
the wetland being replaced.Compensation requirements should also consider time factors,the
ability of the project to be self-sustaining and the projected success based on similar projects.
Wetland functions and values shall be calculated using the best professional judgment of a
qualified wetland ecologist using the best available techniques.Multiple or cooperative
compensation projects may be proposed for one project in order to best achieve the goal of no
net loss.Restoration or creation must be within the same drainage basin.
e.Acreage Replacement Ratio:The ratios listed in subsections M11e(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
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wetland and the inability of guarantees of functionality,longevity,and duplication of type and/or
functions.
,
,i.RATIOS FOR WETLANDS CREATION OR RESTORATION:
~""..".··0·0·"••·.".......,.....·.··,·_",·yu .•".-.-.-·?vv··__,·~_·'·'Y··'-YY·"V.~~Vyyyyy,-__.wu_·,,_·····y'"'·_y~y·,·_·yvvy~,·y.y,••·"w."._.y"··_r_·,-.-._
,Wetland Category ,Vegetation Type i CreationlRestoration Ratio,
~.
1 .,.
'Category 1 IForested 6 times the area altered.
Scrub-shrub 3 times the area altered.
Emergent 2 times the area altered.
Category 2 Forested 3 times the area altered.
Scrub-shrub 2 times the area altered.
Emergent 1.5 times the area altered.
..,."""._·_._r_y···'····_,·uy'~'...........__.--·__~_~__•__·~M··"'y'..........,._"."
!Category 3 Forested 1.5 times the area altered.
•Scrub-shrub 1.5 times the area altered .
l
i Emergent 1.5 times the area altered.,
..-.-h~~~~.-.....~,..,.
f.Increased CreationlRestorationlReplacement 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
SEPA review,except in the case of remedial actions resulting from illegal alterations where the
Administrator or Environmental Review Committee may require increased wetland replacement
ratios.
g.Decreased CreationlRestorationlReplacement Ratios:
i.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
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prior to its filling and has shown that the replacement is successfully established for five (5)
years.
ii.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 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.
iii.Category 3:
(1)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.
(2)If the applicant can aggregate two (2)or more Category
3 wetlands,each less than ten thousand (10,000)square feet,into one wetland,the replacement
ratio shall be reduced to 1:1.If the combined wetland would be rated as a Category 2 wetland as
a result of the combination,the buffer requirement may be reduced to twenty five feet (2~)
minimum provided the buffer is enhanced.
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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
M11g of this Section, restoration or creation ratios may only be reduced by modification or
variance pursuant to subsection N,Alternates,Modifications and Variances,and RMC 4-9-250B,
Variance Procedures,and RMC 4-9-250D,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.
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 unless the enhancement would provide a higher functioning wetland
with greater or multiple environmental benefits.For example,an enhancement may degrade
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habitat for one wildlife species but overall it may result in a wetland that provides higher
function to a wider variety of wildlife species.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 (3)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 subsection M12d(i),Ratios for Wetland Restoration or Creation
plus Enhancement.The following is an example of use of the formulas below:
If one acre of Category 2,forested wetland,were proposed to be removed,
the creation/replacement ratio (subsection Mlle(i))requires that three (3)acres of forested
Category 2 wetland be restored or created;if wetland enhancement were proposed (subsection
M12d(i))for the Category 2,forested wetland,1.5 acres of forested Category 2 wetland would
have to be created/restored and two (2)acres of forested Category 2 wetland enhanced,possibly
in a different part of the same wetland.
i.RATIOS FOR WETLAND RESTORATION OR CREATION PLUS ENHANCEMENT
.~,.,.,.."".,..",......."","..·.."F·.."::::·-'::::··;,.::;=,·..;:··'---"=-"='---'-I
..Wetland Category;Vegetation Type,Restoration or Creation Ratio!1 j Enhancement Ratio
".......,...
,~Forested 3 times the area altered .plus]3.5 times the area altered!Category I (Scrub-shrub 1.5 times the area altered plus!2 times the area altered
,!Emergent 1 times the area altered plus!1.5 times the area altered
f .y....__.".".,.•..;l....AJ ,,~,.
135
t Category 3
ORDINANCE NO.5137
i.RATIOS FOR WETLAND RESTORATION OR CREATION PLUS ENHANCEMENT
,Wetland Cate~~;;fe~~;;;t;~~T~f;;'~~;tion ~;~i~~i;ti.;:r rEn~~~-';"nt Ratio _
J ".........,IEmergent .,,lltimes the area altered,..Ipl~s:ll times the area altered
Forested 1 times the area altered 'plus;1 times the area altered
•Scrub-shrub 1 times the area altered :plusll times the area altered
Emergent 1 times the area altered plusll times the area altered
....,..'..".............'u .
e.Ratio Modification and Minimum Restoration/Creation Ratio:
i.An applicant may propose an increased creation or restoration
ratio and a decreased enhancement ratioif the total combined ratio is maintained overall.
Restoration/creation or enhancement ratios shown in subsection M12d of this Section may only
be reduced by modification or variance pursuant to subsection N3,Alternatives,Modifications
and Variances,and RMC 4-9-250B,Variance Procedures,and RMC 4-9-250D,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.
ii.The Reviewing Official may increase the ratios under the
following circumstances:uncertainty as to the probable success of the proposed restoration or
creation or enhancement proposal;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 mitigation ratio will be determined through SEPA review,except in
the case of remedial actions resulting from illegal alterations where the Administrator or
Environmental Review Committee may require increased mitigation ratios.
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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 of historically diminished wetland types).
14.Off-Site Compensation:
a.When Pennitted:Off-site compensation may be provided in lieu of on-
site compensation only where the applicant can demonstrate to the satisfaction of the
Responsible Official that:
i.The hydrology and ecosystem of the original wetland and those
abutting or adjacent land and/or wetlands which benefit from the hydrology and ecosystem will
not be substantially damaged by the on-site loss;and
ii.On-site compensation is not feasible due to problems with
hydrology,soils,or other factors;or
iii.Compensation is not practical due to potentially adverse impact
from surrounding land uses;or
iv.The proposed wetland functions at the mitigation site are
significantly greater than the wetland functions that could be reasonably achieved with on-site
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ORDINANCE NO.5137
mitigation,and there is no significant loss of function on-site,i.e.at the development project site;
or
v.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 shall follow the preferences in "i"
to "iii"below.Basins and subbasins are indicated in 4-3-050.Q,Maps:
i.Off-site mitigation within same drainage subbasin as subject site:
Off-site mitigation may be allowed when located within the same drainage subbasin as the
subject site subject to criteria in M.14.a above;
ii.Off-site mitigation within same drainage basin within City
limits:Off-site mitigation may be allowed when located within the same drainage basin within
the Renton City limits if it achieves equal or improved ecological functions within the City over
mitigation within the same drainage subbasin as the project,and shall be subject to criteria in
M.14.a above;
iii.Off-site mitigation within the same drainage basin outside the
City limits:Off-site mitigation may be allowed when located within the same drainage basin
outside the Renton City limits if it achieves equal or improved ecological functions over
mitigation within the same drainage basin within the Renton City limits and it meets City goals,
and shall be subject to criteria in M.14.a above.
c.Siting Recommendations:In selecting compensation sites,the City
encourages applicants to pursue siting compensation projects in disturbed sites which were
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ORDINANCE NO.5137
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:
i.Restoration or creation on-site may not be feasible due to
problems with hydrology,soils,or other factors;or
ii.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:
i.Submit a permit application;
ii.Demonstrate compliance with all standards;
iii.Demonstrate that long-term management will be provided;and
iv.Demonstrate agreement for the project from all affected property
owners of record.
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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 of Engineers,the Washington State Department of
Ecology,any affected counties and/or cities,private property owners and other parties of interest.
The outcome of the process is a regional wetlands permit representing a plan of action for all
wetlands within the special area.
e.Compensation Payments to Mitigation Bank:Compensation payments,
amount to be determined by the Reviewing Official,received as part of a mitigation or creation
bank must be received prior to the issuance of an occupancy permit.
16.Mitigation Plans:
a.Required for Restoration,Creation and Enhancement Projects:All
wetland restoration,creation,and enhancement in conjunction with restoration and creation
projects required pursuant to this section either as a permit condition or as the result of an
enforcement action shall follow a mitigation plan prepared by qualified wetland specialists
approved by the City.
b.Timing for Mitigation Plan Submittal and Commencement of any
Work:See subsection F.8.
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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-
120D23,Wetland Mitigation Plan and RMC 4-3-050F8.
d.Performance Surety:As a condition of approval of any mitigation plan,
the Reviewing Official shall require a performance surety per RMC 4-1-230 and RMC 4-3-
050.G.
N.ALTERNATES,MODIFICATIONS AND VARIANCES:
1.Alternates:
a.Applicability:See RMC 4-9-250E.
2.Modifications:
a.Applicability:The Department Administrator may grant modifications,
per RMC 4-9-250Dl,Application Time and Decision Authority,in the following circumstances:
i.Aquifer Protection -Modifications:The Department will
consider modification applications in the following cases:
(a)The request is to find that a standard is inapplicable to
that activity,facility,or development permit due to the applicant's proposed methods or location;
or
(b)The request is to modify a specific standard or
regulation due to practical difficulties;and
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ORDINANCE NO.5137
(c)The request meets the intent and purpose of the aquifer
protection regulations.
Based upon application of the above tests (a),(b),and (c),
applications which are considered appropriate for review as modifications are subject to the
procedures and criteria in RMC 4-9-250D,Modification Procedures.Requests to modify
regulations or standards which do not meet the above tests shall be processed as variances.
(d)In addition to the criteria of RMC 4-9-250D,
Modification Procedures,the following criteria shall apply:The proposed modification is based
on consideration of the best available science as described in WAC 365-195-905;or where there
is an absence of valid scientific information,the steps in RMC 4-9-250F are followed.
ii.Geologic Hazards -Modifications:An applicant may request
that the Administrator grant a modification to allow:
(a)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;
(b)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
(c)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
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ORDINANCE NO.5137
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:
(a)The applicant shall submit a geotechnical report
describing any potential impacts of the proposed regrading and any necessary mitigation
measures;
(b)All submitted reports shall be independently reviewed
by qualified specialists selected by the City at the applicant's expense;
(c)The Department Administrator may grant,condition,or
deny the request based upon the proposal's compliance with the applicable modification criteria
of RMC 4-9-250D;and
(d)Any slope which remains forty percent (40%)or steeper
following site development shall be subject to all applicable geologic hazard regulations for
steep slopes and landslide hazards,in this section.
(e)In addition to the criteria of RMC 4-9-250D,
Modification Procedures,the following criteria shall apply:The proposed modification is based
on consideration of the best available science as described in WAC 365-195-905;or where there
is an absence of valid scientific information,the steps in RMC 4-9-250F are followed.
iii.Wetlands -Modifications:An applicant may request that the
Administrator grant a modification as follows:
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ORDINANCE NO.5137
(a)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.
(b)In addition to the criteria of RMC 4-9-250D,
Modification Procedures,the following criteria shall apply:
(i)The proposal will result in no-net loss of wetland
or buffer area and functions.
(ii)The proposed modification is based on
consideration of the best available science as described in WAC 365-195-905;or where there is
an absence of valid scientific information,the steps in RMC 4-9-250F are followed.
iv.Streams -Modifications:An applicant may request that the
Administrator grant a modification as follows:
(a)Modifications may be requested for a reduction in
stream buffers for Class 2 or 3 watercourses proposed to be daylighted,below the stream buffer
reduction levels of 4-3-050.L.5.c.
(b)In addition to the criteria ofRMC 4-9-250D,
Modification Procedures,the following criteria shall apply:
(i)The buffer is lowered only to the amount
necessary to achieve the same amount of development as without the daylighting.
(ii)The buffer width is no less than 50 feet on a
Class 2 watercourse and 25 feet on a Class 3 watercourse.
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ORDINANCE NO.5137
(iii)The proposed modification is based on
consideration of the best available science as described in WAC 365-195-905;or where there is
an absence of valid scientific information,the steps in RMC 4-9-250F are followed.
3.Variances:
a.Aquifer Protection -Variance:
i.Applicability:If an applicant feels that the strict application of
this Section would deny all reasonable use of the property or would deny installation of public
transportation or utility facilities determined by the public agency proposing these facilities to be
in the best interest of the public health,safety and welfare,the applicant of a development
proposal may apply for a variance.
ii.Application Submittal:An application for a variance shall be
filed with the Development Services Division.
iii.Review Authority:A variance shall be decided by the Hearing
Examiner based on the standards set forth RMC 4-9-250B,Variance Procedures.
b.Flood Hazards -Variances:
i.Applicability:Refer to RMC 4-9-250B.
c.Geologic Hazards,Habitat Conservation,Streams and Lakes -Classes 2
to 4,and Wetlands -Variance:
i.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,
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ORDINANCE NO.5137
the public agency or an applicant of a development proposal may apply for a critical area
variance.
ii.Application Submittal:An application for a critical areas
variance shall be filed with the Development Services Division.
iii.Review Authority:Variances shall be determined
administratively by the Department Administrator,or by the Hearing Examiner,as indicated in
RMC 4-9-250B.
O.APPEALS:
1.General:See RMC 4-8-070,Authority and Responsibilities,and RMC 4-8-110.
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.MAPS:
1.Aquifer Protection:See Figure 4-3-050Q1 for reference map.
2.Flood Hazards:see Figure 4-3-050Q2 for reference map.
3.Geologic Hazards:
a.Coal Mine Hazards:
i.Map:See Figure 4-3-050Q3a(i)for reference map.
ii.Mapping Criteria:
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(1)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.
(2)Medium Coal Mine Hazards (CM):
(A)Lands overlying coal mines,but not included in
the high hazard category;and
(B)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.
(3)High Coal Mine Hazard (CH):All lands where
underlying coal mines are within two hundred feet (20P)below the ground surface,or fifteen
(15)times the height of the mine workings below the surface,whichever is less.
b.Erosion Hazards:
i.Map:See Figure 4-3-050Q3b(i)for reference map.
ii.Mapping Criteria:
(1)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.
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ORDINANCE NO.5137
(2)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:
i.Map:See Figure 4-3-050Q3c(i)for reference map.
ii.Mapping Criteria:
(1)Low Landslide Hazard (LL):Areas with slopes less
than fifteen percent (15%).
(2)Medium Landslide Hazard (LM):areas with slopes
between fifteen percent (15%)and forty percent (40%)where the surface soils are underlain by
permeable geologic units.The permeable units include:
(A)Fill:af,afm,and m;
(B)Alluvium:Qac,Qaw,Qas,and Qa;
(C)Vashon recessional and advance glacial
deposits:Qik,Qit,Qiv,Qpa,Qis,Qys,Qyg,Qvr,Qsr,and Qos;
(D)Vashon glacial deposits:Qg,Qgt,Qt,and Qvt.
(3)High Landslide Hazards (LH):Areas with slopes
greater than forty percent (40%)and areas with slopes between fifteen percent (15%)and forty
percent (40%)where the surface soils are underlain by low permeability geologic units.The low
permeability units include:
(A)Post-glacial lake and peat silts:Qlp,Qp,Qlm,
and Qvl;
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ORDINANCE NO.5137
(B)Pre-Vashon Pleistocene deposits:Qss,Qu,Qc,
Qcg,and Qog;
(C)Tertiary rock formations:Ts,Ti,Tr,Tt,Tet,
Ttu,Tta,Teta,and Ttl.
(4)Very High Landslide Hazards (LV):All mapped
landslide deposits:Qmc,Qm,QI,and landslides known from public records.
d.Seismic:
i.Map:See Figure 4-3-050Q3d(i)for reference map.
ii.Mapping Criteria:
(1)Low Seismic Hazard (SL):All Vashon age glacial and
older sediments.The mapped areas include:
(A)All deposits of recessional and advance glacial
deposits:Qik,Qit,Qiv,Qpa,Qis,Qys,Qyg, Qur,Qsr,Qos,Qog.
(B)Vashon glacial deposits:Qg,Qgt,Qt,and Qvt;
(C)Pre-Vashon Pleistocene deposits:Qss,Qu,Qc,
and Qcg;
(D)Tertiary rock formations:Ts,Ti,Tr,Tt,Tet,
Ttu,Tta,Teta,and Ttl;
(E)Areas of roadway fill,af and afm,which overly
the above units.
(2)High Seismic Hazard (SH):Post-glacial deposits which
are likely to be saturated as they occupy low areas and frequently overlay low permeability
deposits.They include:
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ORDINANCE NO.5137
(A)Deposits of fill:af,afm,and m~
(B)Alluvium:Qaw,Qac,Qas,and Qa~
(C)Mass wasting deposits:Qmc,Qm,and QI;
(D)Post-glacial lake silts and peats:Qlp,Qp,Qlm,
and Qvl.
e.Steep Slopes:
i.Map:Refer to the City of Renton Steep Slope Atlas and Figure
4-3-050Q3e(i)for reference map.
f.Volcanic Hazards:Volcanic hazard areas are those areas subject to a
potential for inundation from post lahar sedimentation along the lower Green River as identified
in Plate II,Map D,in the report U.S.Department of the Interior,U.S.Geological Survey
(Revised 1998).Volcano Hazards from Mount Rainier,Washington.Open-File Report 98-428.
4.Streams and Lakes:See Figure 4-3-050.Q.4 for reference map identifying
Class 2 to 4 water bodies.Water class shall be determined in accordance with RMC 4-3-
050.L.1.For Class 1 waters,refer to RMC 4-3-090,Shoreline Master Program Regulations.
5.Wetlands:Refer to the City of Renton Wetland and Stream Corridors Critical
Areas Inventory and see Figure 4-3-050Q5 for reference map.
6.Drainage Basins:See Figure 4-3-050.Q.6 a and b for a map identifying basins
and subbasins in the Renton vicinity.
SECTION III.Figure 4-3-050.Q.l of Chapter 3,Environmental Regulations and
Special Districts,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code
of General Ordinances of the City of Renton,Washington"is hereby replaced with the following
figure:
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ORDINANCE NO.5137
FIGURE 4-3-050Q1
AQUIFER PROTECTION ZONES
RENTON MUNICIPAL CODE
!!!!!!Zone 1
~Zone 1 Modified
~Zone2
-,m,w",_ww,"",City Limits
o 5280'10560'
~I~;iiiiiiiSiiiiil;~~~I
1"=1 MILE
151
ORDINANCE NO.5137
SECTION IV.Figure 4-3-050.Q.4 of Chapter 3,Environmental Regulations and
Special Districts,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code
of General Ordinances of the City of Renton,Washington"is hereby added,to read as follows:
152
ORDINANCE NO.5137
153
-'~I"1
!
Class 2
Class 3
Class 4
ORDINANCE NO.5137
SECTION V.Figure 4-3-050.Q.6.a and Q.6.b of Chapter 3,Environmental
Regulations and Special Districts,of Title IV (Development Regulations)of Ordinance No.4260
entitled "Code of General Ordinances of the City of Renton,Washington"is hereby added to read
as follows:
154
4-3-050.Q.6.a
ORDINANCE NO.5137
Surface Water Facilities Basins
City Limits
155
ORDINANCE NO.5137
Surface Water Facilities Sub-Basins
City Limits
4-3-050.Q.6.b
156
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SECTION VI.Section 4-4-130 of Chapter 4,Citywide Property Development
Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended to read as follows:
4-4-130 TREE CUTTING AND LAND CLEARING REGULATIONS:
A.PURPOSE:
This Section provides regulations for the clearing of land and the protection and
preservation of trees and associated significant vegetation.The purposes of these regulations are
to:
1.Preserve and enhance the City's physical and aesthetic character by minimizing
indiscriminate removal or destruction of trees and ground cover;
2.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;
3.Promote building and site planning practices that are consistent with the City's
natural topographical and vegetative 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;
4.Ensure prompt development,restoration and replanting,and effective erosion
control of property during and after land clearing;
5.Promote land development practices that result in minimal adverse disturbance
to existing vegetation and soils within the City;
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6.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;
7.Retain clusters of trees for the abatement of noise and for wind protection;and
8.Recognize that trees and ground cover reduce air pollution by producing pure
oxygen from carbon dioxide.
B.APPLICABILITY:
The regulations of this Section apply to any developed,partially developed,or
undeveloped property where land development or routine vegetation management activities 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,
and/or damaged,ground cover or trees which have been certified as hazard trees 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 ActivitieslEssential Tree Removal-Public or Private Utilities,
Roads and Public Parks:Maintenance activities including routine vegetation management and
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ORDINANCE NO.5137
essential tree removal for public and private utilities,road rights-of-way and easements,and
public parks.
4.Installation of SEPA 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.
5.Existing and Ongoing Agricultural Activities:Clearing associated with existing
and ongoing agricultural activities as defined in chapter 4-11 RMC,Definitions.
6.Commercial Nurseries or Tree Fanns:Clearing or cutting of only those trees
that are planted and growing on the premises of a licensed retailer or wholesaler.
7.Public Road Expansion:Expansion of public roads,unless critical areas would
be affected,in which case see C12 and C13.
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 perfonn site investigative work provided the work
is conducted in accordance with the following requirements.
a.Investigative work should not disturb any more than five percent (5%)
of any protected sensitive area described in subsection D2 of this Section,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.
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ORDINANCE NO.5137
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 subsection D2 of this Section,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 subsection D2 of this
Section,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 of trees may be removed;
b.On a partially developed lot one-half (1/2)of an acre and greater or on
an undeveloped lot provided that:
i.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
ii.No more than six (6)trees are removed in any twelve (12)
month period from a property thirty five thousand (35,000)square feet and greater in size.
iii.Rights-of-Way Unobstructed:In conducting minor tree cutting
activities,rights-of-way shall not be obstructed.
10.Landscaping or Gardening Permitted:Land clearing in conformance with the
provisions of subsection C9 of this Section,Allowable Tree Cutting Activities,and subsection
D2,Restrictions for Critical Areas,is permitted on a developed lot for purposes of landscaping
or gardening.Land clearing in conformance with the provisions of subsection C9,Allowable
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ORDINANCE NO.5137
Minor Tree Cutting Activities,and subsection D2,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.
12.Modification of Existing Utilities and Streets (not otherwise exempted by
RMC 4-3-050C7)by Ten Percent (10%)or Less:See RMC 4-3-050.C for conditions.
13.Utilities,Traffic Control,Walkways,Bikeways Within Existing,Improved
Right-of-Way or Easements:Within existing improved public road rights-of-way or easements,
installation,construction,replacement,operation,overbuilding,or alteration of all natural gas,
cable,communication,telephone and electric facilities,lines pipes,mains,equipment or
appurtenances,traffic control devices,illumination,walkways and bikeways.If activities exceed
the existing improved area or the public right-of-way,this exemption does not apply.Where
applicable,restoration of disturbed areas shall be completed.
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:Unless exempted by critical areas,
Section 4-3-050.C.5 or Shoreline Master Program Regulations,Section 4-3-090,no tree cutting,
or land clearing,or groundcover management is permitted:
a.On portions of property with protected critical habitats,per RMC 4-3-
050.K;streams and lakes,per RMC 4-3-050.L;Shorelines of the State,per RMC 4-3-090,
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ORDINANCE NO.5137
Renton Shoreline Master Program Regulations;and wetlands,per RMC 4-3-050.M;and their
associated buffers;
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 of RMC 4-3-050E.4.
3.Restrictions for Native Growth Protection Areas:Tree cutting or land clearing
shall be consistent with established Native Growth Protection Area requirements of RMC 4-3-
050E.4.
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.
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ORDINANCE NO.5137
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 subsection C9 of this Section,Allowable Minor 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 of Natural 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 H2,Applicability,
Performance Standards,and Alternates,and H3,General Review Criteria,of this Section;and
d.Thinning activities shall be limited to less than forty percent (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 subsection C9 of this Section,Allowable Minor Tree Cutting Activities,for any
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ORDINANCE NO.5137
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 subsection D2 of this Section,Restrictions for Critical
Areas.
G.ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS:
Permits for routine vegetation management shall be processed consistent with RMC 4-9-
195,Routine Vegetation Management Permits.
H.PERFORMANCE STANDARDS FOR LAND DEVELOPMENTIBUILDING
PERMITS:
1.Plan Required:When a development permit is submitted to the City it shall be
accompanied by a tree cutting and land clearing plan.Where it is not practicable to retain all
trees on site due to the proposed development,the plan shall identify trees that 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 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 in priority tree retention areas:slopes twenty
five percent (25%to 39%),high or very high landslide hazard areas,and high erosion hazard
areas.
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ORDINANCE NO.5137
b.Show trees to be cut in protected critical areas:wetlands,shorelines of
the state,streams and lakes,floodways,floodplain slopes forty percent (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 4-3-050C5,Specific Exemptions.
c.Show all trees to be retained in critical area buffers.
d.Show trees proposed to be cut within required zoning setbacks along
perimeter of development.
e.In all other areas of the site,trees to be cut may be indicated generally
with clearing limit lines.
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 or arborist report 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,increased turbidity,siltation,or other forms of pollution in a
watercourse.
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ORDINANCE NO.5137
.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 subsection D2 of
this Section,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 of the zone.
5.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.
6.Restrictions for Critical Areas:See subsection D2 of this Section,Restrictions
for Critical Areas -General and RMC 4-3-050,Critical Areas Regulations.
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ORDINANCE NO.5137
7.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 subsection H4 of this Section,Tree Preservation,to comply with the general
review criteria of subsection H3.
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 of trees 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 regulations.
d.Where feasible,trees that shelter interior trees or trees on abutting
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 that tend to harbor insect pests:
i.All Populus species including cottonwood (Populus trichocarpa),
quaking aspen (Populus tremuloides),lombardy poplar (Populus nigra "Italica"),etc.
ii.All Alnus species including red alder (Alnus oregona),black
alder (Alnus glutinosa),white alder (Alnus rhombifolia),etc.
iii.Salix species including weeping willow (Salix babylonica),etc.,
unless along a stream bank and away from paved areas.
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ORDINANCE NO.5137
iv.All Platanus species including London plane tree (Platanus
acerifolia),American sycamore/buttonwood (Platanus occidentalis),etc.
8.Protection Measures During Construction:
a.Tree Protection Measures:Protection measures in the following
subsections H8b(i)through H8b(vi)of this section shall apply for all trees which are to be
retained in areas immediately subject to construction.These requirements may be waived
pursuant to RMC 4-9-250D,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:
i.The applicant may not fill,excavate,stack or store any
equipment,or compact the earth in any way within the area defined by the drip line of any tree to
be retained.
ii.The applicant shall erect and maintain rope barriers,temporary
construction fencing,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.
iii.If the grade level adjoining 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.
iv.The applicant may not install impervious surface material
within the area defined by the drip line of any tree to be retained.
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ORDINANCE NO.5137
v.The grade level around any tree to be retained may not be
lowered within the greater of the following areas:(1)the area defined by the drip line of the tree,
or (2)an area around the tree equal to one foot in diameter for each one inch of tree caliper.
vi.The applicant shall retain a qualified professional to prune
branches and roots,fertilize,and water as appropriate for any trees and ground cover that are to
be retained.
I.VARIANCE PROCEDURES:
The Hearing Examiner shall have the authority to grant variances from the provisions of
this Section pursuant to RMC 4-8-070H and RMC 4-9-250.
J.VIOLATIONS AND PENALTIES:
1.Penalties:Penalties for any violation of any of the provisions of this Section
shall be in accord with RMC 1-3-2.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 of RMC 1-3-2D.
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
169
ORDINANCE NO.5137
installation and maintenance of interim and emergency erosion control measures that shall be
required as determined by the City.
4.Replacement Required:The City may require for each tree that 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 of three 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 VII.Tables 4-8-120.A of Chapter 8,Permits -General and Appeals,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"are hereby amended to read as follows:
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ORDINANCE NO.5137
TABLE 4-8-l20A
PUBLIC WORKS
APPLICATIONS
SUBMITTAL
REQUIREMENTS
TYPE OF
APPLICATIONIPERMIT
Utility
Construction
Permit
(Sewer and/or
Water)
Stormwater
Construction
Permit
Roadway
Construction
Permit
Combined
Permit
(includes
Plats)
APA
Operating
Permit
APA
Closure
Permit
~.m:l rp.Permit Form !I 1(b).
Permit"Form 1 1 ..'1 2
..3 3 4 ..
~Plans 3 3 3
<~~ort 2 2.}
.,.,l'rontm]Plan(T :!l 3 3 3 3 .
.t'....·~eport.3 2.1.2
~Mtnc;Plms 3 3
'T=.......~''I ~l(b)l(iJ)l(b)l(b)
Detail Map 3 3 3 3
i~.Permit
':~Plans n'•........•.............••......•..••.•..•••..••••..•......•............•.....••••••••3 3
iSource ~Fill l(b)l(b).l(b)l(b).
iStreet T iahtino:Plans 3
..
iStre~Il1or Lake~tud)'1(~)....1(cl l(c)l(c)
iT ."~::"I\1:~P ....3....3 3 4
:"and l'lp'<Irina,Plan-
.1"'1"'
rTt;l;t;p~Plans ~,3 3 3 4
I 'V"'lli:UlU~l(a)I .(a),l(a)l(a)
171
ORDINANCE NO.5137
.....
TABLE 4-8-120A
PUBLIC WORKS ,Utility
;,,
Combined i
APPLICATIONS TYPE OF Construction Stormwater Roadway Permit APA APA
APPLICATIONIPERMIT!Permit Construction Construction (includes Operating Closure
SUBMITTAL (Sewer and/or!Permit Permit Permit Permit
REQUIREMENTS ~Water),Plats),,
,,
;
Table 4-8-120A The number of copies required (if any)is indicated for each type of application and each submittal requirement,unless waived by the
Legend:Development Services Division Plan Review Supervisor.Waiver of aquifer permit submittal requirements may be granted by the Water
T,q=y ......"Y'.~vv,''''-'TT','~Y'_~v""n"'~~~H'_~_'".<!:!!il,i!!'".."..............."'H"'"'''''',..".••••".......N ••N ................H..••'..o .....H.00 ..,..0 ••___................._N ......",~...v ~-n.......-'__•___'~HyY~'''',~"V ,·VV',-'V'·_.·'.-~,-.--.-,-y·,·-.--.--'",·."Y.T·,·,~,_.v.'v'~y~V .~~y,-,-~•.,~..._,",•?~••.___.-,·v-~-.-yyy-.-yyy_·,·,y_.·VT··n·~~=HY "'•.,.....
(a)Required when wetlands or buffer are present on-site.
(b)Required when project is located in Zones 1 or 2 of an aquifer protection area.
(c)A Standard Stream or Lake Study is required for any application proposal.A Supplemental Study is required if an unclassified stream is involved,or if there
~~~J~r.?P~s.:~..~~.!~~,!ion.~.<.>~,t~~_~~~er~ody or buffer..__.........""....."..,.....'....H ........."..."...,.,."...•0..'""M,,""""'"
172
ORDINANCE NO.5137
SECTION VIII.The rows "Stream/Lake Data,""Topography Map (5'contours),"
and "Wetland ReportlDelineation"of Table 4-8-120.C of Chapter 8,Permits -General and
Appeals,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinaces of the City of Renton,Washington"are hereby amended and renamed,as
shown in Exhibit B.
SECTION IX.Table C of Section 4-8-120 of Chapter 8,Permits -General and
Appeals,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended by adding a footnote
8,to read as follows:
(8)A Standard Stream or Lake Study is required for any application proposal.A
Supplemental Study is required if an unclassified stream is involved,or if there are proposed
alterations of the water body or buffer.
SECTION X.The definition of "Geotechnical Report"in Definitions G of
Section 4-8-120.D.7,of Chapter 8,Permits -General and Appeals,of Title IV (Development
Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,
Washington"is hereby amended to read as follows.
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
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ORDINANCE NO.5137
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 regulations,the preparation and content requirements of RMC 4-8-120D,Table 18 shall
also apply.
Table 18 -Geotechnical Report -Detailed Requirements
Report Landslide Landslide Coal Coal
Steep Landslide High Mine VolcanicPreparation/Content Slopes -High -Very Erosion Seismic Mine-HazardsRequirementsMediumHighMedium-
High
1.Characterize soils,X X X X X X X X Xgeologyanddrainage.
2.Describe and depict all
natural and man-made
features within one X X X X X X X X X
hundred fifty feet (150')of
the site boundary.
3.Identify any areas that
have previously been
disturbed or degraded by X X X X X X X X X
human activity or natural
processes.
4.Characterize
groundwater conditions
including the presence of X X X X X X X Xanypublicorprivatewells
within one-quarter (1/4)
mile of the site.
5.Provide a site
evaluation review of X X X X X X X X Xavailableinformation
regarding the site.
6.Conduct a surface
reconnaissance of the site X X X X X X X X
and adjacent areas.
7.Conduct a subsurface X X X X X X X X
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ORDINANCE NO.5137
Landslide Landslide Coal Coal
Report Steep Landslide High Mine Volcanic
Preparation/Content -Very Seismic Mine-
Slopes -High Erosion -Hazards
Requirements Medium High Medium High
exploration of soils and
hydrologic conditions.
8.Provide a slope stability X X X X X X X
analysis.
9.Address principles 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 protect X X X X X X X
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 evaluation
of site response and
liquefaction potential X
relative to the proposed
development.
11.Conduct sufficient
subsurface exploration to
provide a site coefficient
(S)for use in the Uniform X
Building Code to the
satisfaction of the
Building Official.
12.Calculate tilts and
strains,and determine X X
appropriate design values
for the building site.
13.Review available X XQ:eoloQ:ic hazard maps.
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ORDINANCE NO.5137
Report Landslide Landslide Coal Coal
Preparation/Content Steep Landslide -Very High Seismic Mine-Mine Volcanic
Requirements Slopes Medium -High High Erosion Medium -Hazards
High
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.
14.Inspect,review and
document any possible
mine openings and
potential trough X X
subsidence,and any
known hazards previously
documented or identified.
15.Utilize test pits to
investigate coal mine
waste dumps and other
shallow hazards such as
slope entry portals and
shaft collar areas.Drilling X X
is required for coal mine
workings or other hazards
that cannot be adequately
investigated by surface
investigations.
16.Provide an analysis of
proposed clearing,grading
and construction activities
including construction
scheduling.Analyze X X X X X X X X
potential direct and
indirect on-site and off-
site impacts from
development.
17.Propose mitigation
measures,such as any
special construction X X X X X X X X X
techniques,monitoring or
inspection programs,
erosion or sedimentation
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ORDINANCE NO.5137
Note:An "X"mdlcates that the reqUIrement applIes m the Identified cntIcal area .
Report Landslide Landslide Coal Coal
Steep Landslide High Mine VolcanicPreparation/Content Slopes -High -Very Erosion Seismic Mine-HazardsRequirementsMediumHighMedium-
High
programs during and after
construction,surface water
management controls,
buffers,remediation,
stabilization,etc.
18.Critical facilities on
sites containing areas
susceptible to inundation
due to volcanic hazards
shall require an evacuation
and emergency
management plan.The
applicant for critical
facilities shall evaluate the X
risk of inundation or
flooding resulting from
mudflows originating on
Mount Rainier in a
geotechnical report,and
identify any engineering
or other mitigation
measures as appropriate.
. . . .
SECTION XI.Three new definitions,"Stream or Lake Study,Standard,""Stream
or Lake Study,Supplemental"and "Stream or Lake Mitigation Plan"of Definitions S,of Section
4-8-120.D.19 of Chapter 8,Permits -General and Appeals,of Title IV (Development
Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,
Washington"are hereby added,to read as follows:
Stream or Lake Study,Standard:A report shall be prepared by a qualified
biologist,unless otherwise determined by the Administrator,and include the following
information:
a.Site Map:Site map(s)indicating,at a scale no smaller than 1"=20'
(unless otherwise approved by the Development Services Director):
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ORDINANCE NO.5137
i.The entire parcel of land owned by the applicant,including 100
feet of the abutting parcels through which the water body(ies)flow(s);
ii.The ordinary high water mark (OHWM)determined in the field
by a qualified biologist pursuant to RMC 4-3-050.L.l.b (the OHWM must also be flagged in the
field);
iii.Stream classification,as recorded in the City of Renton Water
Class Map in RMC 4-3-050Q4 or RMC 4-3-090 (if unclassified,see Supplemental Stream or
Lake Study below);
iv.Topography of the site and abutting lands in relation to the
stream(s)and its/their buffer(s)at contour intervals of 2 feet where slopes are less than 10
percent,and of 5 feet where slopes are 10 percent or greater;
v.100-year floodplain and floodway boundaries,including 100
feet of the abutting parcels through which the water body(ies)flow(s);
vi.Site drainage patterns,using arrows to indicate the direction of
major drainage flow;
vii.Top view and typical cross-section views of the stream or lake
bed,banks,and buffers to scale;
viii.The vegetative cover of the entire site,including the stream or
lake,banks,riparian area,and/or abutting wetland areas,extending 100 feet upstream and
downstream from the property line.Include position,species,and size of all trees at least 10
inches average diameter that are within 100 feet of the OHWM;
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ORDINANCE NO.5137
ix.The location,width,depth,and length of all existing and
proposed structures,roads,stonnwater management facilities,wastewater treatment and
installations in relation to the stream/lake and its/their buffer(s);and
x.Location of site access,ingress and egress.
b.Grading Plan:A grading plan prepared in accordance with RMC 4-8-
120.D.7,and showing contour intervals of 2 feet where slopes are less than 10 percent,and of 5
feet where slopes are 10 percent or greater.
c.Stream or Lake Assessment Narrative:A narrative report shall be
prepared to accompany the site plan which describes:
i.The stream or lake classification as recorded in the City of
Renton Water Class Map in RMC 4-3-050Q4 or RMC 4-3-090.
ii.The vegetative cover of the site,including the stream or lake,
banks,riparian area,wetland areas,and flood hazard areas extending 100 feet upstream and
downstream from the property line;
iii.The ecological functions currently provided by the stream/lake
and existing riparian area;
iv.Observed or reported fish and wildlife that make use of the area
including,but not limited to,salmonids,mammals,and bird nesting,breeding,and
feeding/foraging areas;and
v.Measures to protect trees,as defined per RMC 4-11-200,and
vegetation.
Stream or Lake Study,Supplemental:The application shall include the following
infonnation:
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ORDINANCE NO.5137
a.Unclassified Stream Assessment:If the site contains an unclassified
stream,a qualified biologist shall provide a proposed classification of the stream(s)based on
RMC 4-3-050.L.l and a rationale for the proposed rating.
b.Alterations to Stream/Lake and/or Buffer(s):A supplemental report
prepared by a qualified biologist shall evaluate alternative methods of developing the property·
using the following criteria for justification:
i.Avoid any disturbances to the stream,lake or buffer;
ii.Minimize any stream,lake or buffer impacts;
iii.Compensate for any stream,lake or buffer impacts,;
iv.Restore any stream,lake or buffer area impacted or lost
temporaril y;
v.Enhance degraded stream or lake habitat to compensate for lost
functions and values.
c.Impact Evaluation:
i.An impact evaluation for any unavoidable impacts prepared by a
qualified biologist,to include:
(a)Identification,by characteristics and quantity,of the
resources (stream,lake)and corresponding functional values found on the site;
(b)Evaluation of alternative locations,design
modifications,or alternative methods of development to determine which option(s)reduce(s)the
impacts on the identified resource(s)and functional values of the site;
(c)Determination of the alternative that best meets the
applicable approval criteria and identify significant detrimental impacts that are unavoidable;
180
ORDINANCE NO.5137
(d)To the extent that the site resources and functional
values are part of a larger natural system such as a watershed,the evaluation must also consider
the cumulative impacts on that system;
ii.For a violation,the impact evaluation must also include:
(a)Description,by characteristics and quantity,of the
resource(s)and functional values on the site prior to the violations;and
(b)Determination of the impact of the violation on the
resource(s)and functional values.
Stream or Lake Mitigation Plan:The mitigation plan must ensure compensation
for unavoidable significant adverse impacts that result from the chosen development alternative
or from a violation as identified in the impact evaluation.A mitigation plan must include:
a.Site Map:Site map(s)indicating,at a scale no smaller than I"=20'
(unless otherwise approved by the Development Services Director):
i.The entire parcel of land owned by the applicant,including 100
feet of the abutting parcels through which the water body(ies)flow(s);
ii.The ordinary high water mark (OHWM)determined in the field
by a qualified biologist pursuant to RMC 4-3-050.L.l.b (the OHWM must also be flagged in the
field);
iii.Stream classification,as recorded in the City of Renton Water
Class Map in RMC 4-3-050Q4 or RMC 4-3-090 or as determined through a Supplemental
Stream or Lake Study approved by the Administrator;
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ORDINANCE NO.5137
iv.Topography of the site and abutting lands in relation to the
stream(s)and its/their buffer(s)at contour intervals of 2 feet where slopes are less than 10
percent,and of 5 feet where slopes are 10 percent or greater;
v.lOa-year floodplain and floodway boundaries,including 100
feet of the abutting parcels through which the water body(ies)flow(s);
vi.Site drainage patterns,using arrows to indicate the direction of
major drainage flow;
vii.Top view and typical cross-section views of the stream or lake
bed,banks,and buffers to scale;
viii.The vegetative cover of the entire site,including the stream or
lake,banks,riparian area,and/or abutting wetland areas,extending 100 feet upstream and
downstream from the property line.Include position,species,and size of all trees at least 10
inches average diameter that are within 100 feet of the OHWM;
ix.The location,width,depth,and length of all existing and
proposed structures,roads,stormwater management facilities,wastewater treatment and
installations in relation to the stream/lake and its/their buffer(s);and
x.Location of site access,ingress and egress;
xi.Indication of where proposed mitigation or remediation
measures will take place on the site;
xii.Separate indication of areas where revegetation is to take place
and areas where vegetation is anticipated to be removed;and
xiii.Any other areas of impact with clear indication of type and
extent of impact indicated on site plan.
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ORDINANCE NO.5137
b.Mitigation narrative that includes the following elements:
i.Description of existing conditions on the site and associated
water resource (baseline information);
ii.Resource(s)and functional values to be restored,created,or
enhanced on the mitigation site(s);
iii.Documentation of coordination with appropriate local,regional,
special district,state,and federal regulatory agencies;
iv.Construction schedule;
v.Operations and maintenance practices for protection and
maintenance of the site;
vi.Environmental goals,objectives,and performance standards to
be achieved by mitigation;
vii.Monitoring and evaluation procedures,including minimum
monitoring standards and timelines (i.e.,annual,semi-annual,quarterly);
viii.Contingency plan with remedial actions for unsuccessful
mitigation;
ix.Cost estimates for implementation of mitigation plan for
purposes of calculating surety device;and
x.Discussion of compliance with criteria or conditions allowing
for the proposed stream/lake alteration or buffer reduction or buffer averaging,and a discussion
of conformity to applicable mitigation plan approval criteria.
xi.A review of the best available science supporting the proposed
request for a reduced standard and/or the method of impact mitigation;a description of the report
183
ORDINANCE NO.5137
author's experience to date in restoring or creating the type of critical area proposed;and an
analysis of the likelihood of success of the compensation project.
SECTION XII.The definition of "Stream and Lake Data"of Definitions S,of
Section 4-8-120.D.19 of Chapter 8,Permits -General and Appeals,of Title IV (Development
Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,
Washington"is hereby deleted.
SECTION XIII.The definitions of "Wetland Mitigation Plan -Preliminary"and
,"Wetland Mitigation Plan -Final"of Definitions W of Section 4-8-120.D.23 of Chapter 8,
Permits -General and Appeals,of Title IV (Development Regulations)of Ordinance No.4260
entitled "Code of General Ordinances of the City of Renton,Washington"are hereby amended
to read as follows:
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;
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 final 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;an
184
ORDINANCE NO.5137
identification of direct and indirect impacts of the project to the wetland area and wetland
functions;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 water bodies;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 of the mitigation plan and
describing:
i.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
ii.A review of the best available science and report author's
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,
185
ORDINANCE NO.5137
periodic flooding and drought,etc.,presence of invasive flora or fauna,potential human or
animal disturbance,and previous comparable projects,if any.
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 of this definition,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
final grade elevations, and any other drawings appropriate to show construction techniques or
anticipated final outcome.The plan shall provide for elevations which are appropriate for the
186
ORDINANCE NO.5137
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:
i.Establishing vegetation plots to track changes in plant species
composition and density over time;
ii.Using photo stations to evaluate vegetation community
response;
iii.Sampling surface and subsurface waters to determine pollutant
loading,and changes from the natural variability of background conditions (pH,nutrients,heavy
metals);
iv.Measuring base flow rates and storm water runoff to model and
evaluate hydrologic and water quality predictions;
v.Measuring sedimentation rates;
vi.Sampling fish and wildlife populations to determine habitat
utilization,species abundance and diversity;and
vii.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.
187
ORDINANCE NO.5137
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 4-3-050M,Wetlands,and approved by the City shall become part of the
application for project approval.
h.Demonstration of Competence:A demonstration of financial resources,
administrative,supervisory,and technical competence and scientific expertise of sufficient
standing to successfully execute the compensation project shall be provided.A compensation
project manager shall be named and the qualifications of each team member involved in
preparing the mitigation plan and implementing and supervising the project shall be provided,
including educational background and areas of expertise,training and experience with
comparable projects.
SECTION XIV.The definition of "Wetland Report/Delineation"of Definitions W
of Section 4-8-120.D.23 of Chapter 8,Permits -General and Appeals,of Title IV (Development
Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,
Washington"is hereby amended and retitled to read as follows:
Wetland Assessment:A wetland assessment includes the following:
a.A description of the project and maps at a scale no smaller than one inch
equals two hundred feet (1"=200')showing the entire parcel of land owned by the applicant and
the wetland boundary surveyed by a qualified wetlands ecologist,and pursuant to RMC 4-3-
050M3;
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ORDINANCE NO.5137
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;
f.Top view and typical cross-section views of the wetland and its buffer to
scale;
g.The purposes of the project and,if a wetland alteration or a buffer
reduction or averaging proposal is being requested,an explanation of how applicable review
criteria are met;
h.If wetland mitigation is proposed,a mitigation plan which includes
baseline information,an identification of direct and indirect impacts of the project to the wetland
area and wetland functions,environmental goals and objectives,performance standards,
construction plans,a monitoring program and a contingency plan.
i.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:
189
ORDINANCE NO.5137
• Avoid 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;
•Create new wetlands and buffers for those lost;and
•In addition to restoring a wetland or creating a wetland,enhance
an existing degraded wetland to compensate for lost functions and values.
This 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 of this Section.
SECTION XV.Section 4-9-065,Density Bonus Review,of Chapter 9,Permits-
Specific,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended to read as follows:
4-9-065 DENSITY BONUS REVIEW:
A.PURPOSE:
The purpose of the density bonus review is to provide a procedure to review requests for
density bonuses authorized in chapter 4-2 RMC.Density bonuses are offered to meet the intent
190
ORDINANCE NO.5137
of the Comprehensive Plan policies,including but not limited to Land Use and Housing Element
policies and the purpose and intent of the zoning districts.
B.APPLICABILITY:
The density bonus review procedure and review criteria are applicable to applicants who
request bonuses in the zones which specifically authorize density bonuses in chapter 4-2 RMC.
This Section of chapter 4-9 RMC contains density bonus procedures and review criteria for the
R-14,RM-U,COR-I,and COR-2 Zones.
C.REVIEW PROCESS:
1.Concurrent Review:Density bonus review shall occur concurrently with any
other required land use permit that establishes the permitted density and use of a site,including
subdivisions,site plan review,and conditional use permits.When the development proposal does
not otherwise require a subdivision,site plan review,or conditional use permit to establish the
permitted density of a site,but includes a density bonus request,the development proposal shall
be reviewed under administrative site plan review requirements.
2.Reviewing Official:The Reviewing Official for the required land use permit as
described in subsection C1 of this Section,Concurrent Review,shall also determine compliance
with the density bonus process.
3.Submittal Requirements and Fees:An applicant shall submit applications and
fees in accordance with the requirements for the primary development application per chapters 4-
1 and 4-8 RMC.
D.BONUS ALLOWANCES AND REVIEW CRITERIA:
The following table lists the conditions under which additional density or alternative bulk
standards may be achieved:
191
ORDINANCE NO.5137
R-14 ZONE RM-UZONE COR 1 COR 2
The bonus provisions
are intended to allow
greater flexibility in the
implementation of the
purpose of the R-14
designation.Bonus The bonuscriteriaencourageprovisions areprovisionofaggregatedintendedtoallowopenspaceandreargreaterdensitiesaccessparkinginanwithintheportion ofefforttostimulate
provision of higher the RM-U zone
located within the
Density and Unit amenity neighborhoods Urban CenterSizeBonus-and project designs Design Overlay and NA NA
Purpose:which address methods
of reducing the size and north of South 2nd
Street for thosebulkofstructures.developmentApplicantswishing
such bonuses must proposals that
demonstrate that the provide high quality
same or better results design and
will occur as a result of amenities.
creative design
solutions that would
occur with uses
developed under
standard criteria.
Up to 2 dwelling
units per acre for
compliance with
each provision listed
below may be
allowed;provided
there is a balance of
Up to 5 additional height,bulk and
dwelling units per density established
acre may be addressing the
1 to 4 additional Up to 25 dwelling allowed;provided following public
dwelling units per net units per net acre.there is a balance of benefits:
Maximum Densities of greater height,bulk and (i)Provision ofAdditionalUnitsacre.Densities of
Per Acre:greater than 18 units per than 100 dwelling density established continuous
net acre are prohibited.units per net acre are through a floor area pedestrian access to
prohibited.ratio system and/or a the shoreline
master plan to be consistent with
decided at the time requirements of the
of site plan review.Shoreline
Management Act
and fitting a
circulation pattern
within the site,
(ii)Provision of an
additional 25 ft
setback from the
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ORDINANCE NO.5137
R-14 ZONE RM-UZONE CaRl COR 2
shoreline beyond
that required by the
Shoreline
Management Act,
(iii)Establishment
of view corridors
from upland
boundaries of the
site to the shoreline,
(iv)Water Related
Uses.If the
applicant wishes to
reach these bonus
Maximum objectives in a
Additional Units
Per Acre:different system,a
(continued)system of floor area
ratios may be
established for the
property to be
determined at the
time of site plan
review as approved
by Council.
(v)Daylighting of
piped streams.
Dwelling units
permitted per structure
may be increased as
follows:
(i)Dwellings Limited to
3 Attached:A
maximum of 4 units per
Maximum
structure,with a
maximum structureAllowableBonuslengthof100feet.NA NA NADwellingUnit
Mix!Arrangement:(ii)Dwellings Limited
to 6 Attached:A
maximum of 8 units per
structure with a
maximum structural
height of 35 feet,or 3
stories and a maximum
structural length of 115
feet.
Bonuses may be Development
achieved independently projects within the
or in combination.To applicable area that
Bonus Criteria:qualify for one or both meet both the NA NAbonusestheapplicant"Minimum
shall provide either:requirements"and at
(i)Alley and/or rear least one
access and oarking for "Guideline"in each
193
ORDINANCE NO.5137
R-14 ZONE RM-UZONE COR 1 COR 2
50%of detached,semi of the following four
attached,or townhouse categories:
units,or Building Siting and
(ii)Civic uses such as a Design;
community meeting Parking,Access,and
hall,senior center,Circulation;
recreation center,or LandscapinglRecrea
other similar uses as tion/Common
determined by the Space;and
Zoning Administrator,Building
or Architectural Design
(iii)A minimum of 5%applying to Area
of the net developable "A"of the Urban
area of the project in Center Design
aggregated common Overlay District
open space.Common located in RMC 4-3-
open space areas may 100 shall be
be used for any of the permitted a
following purposes
maximum density of
(playgrounds,picnic 100 dwelling units
shelters/facilities and per net acre.
equipment,village
greens/square,trails,
corridors or natural).
Structures such as
kiosks,benches,
fountains and
maintenance equipment
storage facilities are
permitted provided that
they serve and/or
promote the use of the
open space.To qualify
as common open space
an area must meet each
of the following
conditions:
function as a focal point
for the development,
have a maximum slope
of 10%,
have a minimum width
of 25 feet except for
trails or corridors,
be located outside the
right-of-way,
be improved for passi ve
and/or active
recreational uses,
be improved with
landscaping in public
areas,and
Bonus Criteria be maintained bv the
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ORDINANCE NO.5137
R-14 ZONE RM-UZONE COR 1 COR 2
(continued):homeowners
association if the
property is subdivided,
or by the management
organization as applied
to the property if the
property is not
subdivided.
In addition,in order to
qualify for a bonus,
developments shall also
incorporate a minimum
of 3 features described
below:
(i)Architectural design
which incorporates
enhanced building entry
features (e.g.,varied
design materials,arbors
and/or trellises,
cocheres,gabled roofs).
(ii)Active common
recreation amenities
such as picnic facilities,
gazebos,sports courts,
recreation center,pool,
spa/j acuzzi.
(iii)Enhanced ground
plane textures or colors
(e.g.,stamped patterned
concrete,cobblestone,
or brick at all building
entries,courtyards,
trails or sidewalks).
(iv)Building or
structures incorporating
bonus units shall have
no more than 75%of
the garages on a single
facade.
(v)Surface parking lots
containing no more than
6 parking stalls
separated from other
parking areas by
landscaping with a
minimum width of 15
feet.
(vi)Site design
incorporating a package
of at least 3 amenities
which enhance
nei2:hborhood character.
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ORDINANCE NO.5137
R-14 ZONE RM-UZONE CaRl COR 2
such as coordinated
lighting (street or
building),mailbox
details,address and
signage details,and
street trees as approved
by the Reviewing
Official.
Where included,
affordable units
must meet the
provisions of
housing element of
Where included,the Comprehensi ve
affordable units Plan.For COR 2,if
must meet the a significant public
General NA NA provisions of benefit above City
Provisions:Code requirementshousingelementofcanbeprovidedfortheComprehensiveaportionofthePlan.property which may
be contaminated,a
transfer of density
may be allowed for
other portions of the
site.
SECTION XVI.Section 4-9-070.J of Chapter 9,Permits -Specific,of Title IV
(Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the
City of Renton,Washington"is hereby amended to read as follows:
J.ENVIRONMENTALLY SENSITIVE AREAS/INAPPLICABLE EXEMPTIONS:
1.Maps Depicting Environmentally Critical Areas and Critical Area Designation:
a.Maps Adopted by Reference:The map(s)in RMC 4-3-050.Q identify
Critical Areas.The Maps in RMC 4-3-090 identify regulated Shorelines of the State.The
specific environmentally critical areas where SEPA exemptions are not applicable are identified
in subsection l1.b"below.
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b.Critical Areas Designated:Wetlands,Protected Slopes,Very High
Landslide Hazard Areas,Class 2 to 4 Streams and Lakes,Shorelines of the State designated as
Natural or Conservancy,or Shorelines of the State designated Urban if also meeting the
requirement of RMC 4-9-070.J.2.a or c,and the one hundred (100)year floodway,as mapped
and identified pursuant to subsection "a"above,or when present according to the critical area
classification criteria of RMC 4-3-050,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 197-11-800(6)(a)
WAC 197-11-800(24)(a,b,c,d,f,g)
WAC 197-11-800(25)(f,h)
c.Wetlands:The following SEPA categorical exemptions shall not 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)
197
ORDINANCE NO.5137
WAC 197-11-800(8)
WAC 197-11-800(25)
Unidentified exemptions shall continue to apply within environmentally
critical areas of the 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 XVII.Section 4-9-250 of Chapter 9,Permits -Specific,of Title IV
(Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the
City of Renton,Washington"is hereby amended to read as follows:
4-9-250 VARIANCES,WAIVERS,MODlFICATIONS,AND ALTERNATES:
A.PURPOSES:
1.Variances:A grant of relief from the requirements of this Title which permits
construction in a manner that otherwise is prohibited by this Title.
2.Waivers:(Reserved)
3.Modifications:To modify a Code requirement when there are practical
difficulties involved in carrying out the provisions of this Title when a special individual reason
makes the strict letter of this Code impractical.
4.Alternates:To allow the use of any material or method of construction not
specifically prescribed by this Title.
B.VARIANCE PROCEDURES:
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ORDINANCE NO.5137
1.Authority and Applicability:
a.Hearing Examiner Variances:The Hearing Examiner shall have the
authority to grant variances from the provisions of those sections of this Title listed in RMC 4-8-
070 where the proposed development requires or required any permit or approval as set forth in
RMC 4-8-070,Review Authority for Multiple Permit Applications,and for variances from the
following critical area regulations:
i.Proposals Located within Critical Areas -Aquifer Protection
Areas:If an applicant feels that the strict application of aquifer protection regulations would
deny all reasonable use of the property or would deny installation of public transportation or
utility facilities determined by the public agency proposing these facilities to be in the best
interest of the public health,safety and welfare,the applicant of a development proposal may
apply for a variance.
ii.Proposals Located within Critical Areas -Flood Hazards:The
Hearing Examiner shall hear and decide requests for variances from the flood hazard
requirements of RMC 4-3-050,Critical Areas Regulations.
iii.Proposals Located within Critical Areas -Wetlands:Buffer
width reductions not otherwise authorized by RMC 4-3-050M6e and M6f -Category 1 or 2.
iv.Proposals Located within Critical Areas -Streams and Lakes:
Buffer width reductions not otherwise authorized by RMC 4-3-050.L-Class 2 to 4.Activities
proposing to vary from stream regulations not listed elsewhere in La or as an administrative
variance in I.e,and authorized to be requested as variances in RMC 4-3-050.L.
199
ORDINANCE NO.5137
v.Proposals Located Within Critical Areas -General:
Public/quasi-public utility or agency proposing to alter aquifer protection,geologic hazard,
habitat or wetlands regulations not listed above or as an administrative variance.
b.Board of Adjustment Variances:The Board of Adjustment shall have
authority to grant variances from the provisions of this Title upon application to the
Development Services Division where no approval or permit is required for the proposed
development which must be granted by the Hearing Examiner pursuant to RMC 4-1-050H.The
Board of Adjustment shall have no authority to vary the terms or conditions of any permit,
recommendation or decision issued by the Hearing Examiner.
c.Administrative Variances:The PlanninglBuildinglPublic 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:
i.Residential Land Uses:Lot width,lot depth,setbacks,allowed
projections into setbacks,and lot coverage.Lot width,lot depth,and setback variations do not
require a variance if the request is part of a stream daylighting proposal and meets criteria in
RMC 4-3-050.L;and
ii.Commercial and Industrial Land Uses:Screening of surface-
mounted equipment and screening of roof-mounted equipment.
iii.Proposals Located Within Critical Areas:
(a)Steep Slopes Forty Percent (40%)or Greater and Very
High Landslide Hazards:The construction of one single family home on a pre-existing platted lot
where there is not enough developable area elsewhere on the site to accommodate building pads
and provide practical off-street parking.
200
ORDINANCE NO.5137
(b)Wetlands:
•Creation/restoration/enhancement ratios:
Categories 1 and 2.
•Buffer width reductions not otherwise authorized
by RMC 4-3-050M6e and M6f -Category 3.
• A new or expanded single family residence on an
existing,legal lot,having a regulated Category 3 wetland.
(c)Streams and Lakes.A new or expanded single family
residence on a pre-existing platted lot where there is not enough developable area elsewhere on
the site to accommodate building pads and provide practical off-street parking,providing
reasonable use of the property.
2.Filing of Application:A property owner,or his duly authorized agent,may file
an application for a variance which application shall set forth fully the grounds therefor and the
facts deemed to justify the granting of such variance.
3.Submittal Requirements and Application Fees:Shall be as listed in RMC 4-8-
120C,Land Use Applications,and 4-1-170,Land Use Review Fees.
4.Public Notice and Comment Period:Notice of the application shall be given
pursuant to RMC 4-8-090,Public Notice Requirements.
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:
a.That the applicant suffers undue hardship and the variance is necessary
because of special circumstances applicable to subject property,including size,shape,
201
ORDINANCE NO.5137
topography,location or surroundings of the subject property,and the strict application of the
Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other
property owners in the vicinity and under identical zone classification;
b.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;
c.That approval shall not constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties in the vicinity and zone in which
the subject property is situated;
d.That the approval as determined by the Reviewing Official is a
minimum variance that will accomplish the desired purpose.
6.Special Review Criteria -Reasonable Use Variance -Critical Areas
Regulations Only:For variance requests related to the critical areas regulations not subject to
subsections B7 to B 11 of this Section,the Reviewing Official may grant a reasonable use
variance if all of the following criteria are met:
a.That the granting of the variance will not be materially detrimental to
the public 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;and
202
ORDINANCE NO.5137
d.The need for the variance is not the result of actions of the applicant or
property owner;and
e.The proposed variance is based on consideration of the best available
science as described in WAC 365-195-905;or where there is an absence of valid scientific
information,the steps in RMC 4-9-250F are followed.
7.Special Review Criteria for Variances from the Aquifer Protection Regulations:Except
for public or quasi-public utility or agency proposals which are subject to subsection BIO of this
Section,the Hearing Examiner shall consider the following criteria,in addition to those criteria
in subsections B5 and B6 of this Section,for variances from aquifer protection regulations:
a.That the proposed activities will not cause significant degradation of
groundwater or surface water quality;
b.That the applicant has taken deliberate measures to minimize aquifer
impacts,including but not limited to the following:
i.Limiting the degree or magnitude of the hazardous material and
activity;and
ii.Limiting the implementation of the hazardous material and
activity;and
iii.Using appropriate and best available technology;and
iv.Taking affirmative steps to avoid or reduce impacts;and
c.That there will be no damage to nearby public or private property and
no threat to the health or safety of people on or off the property;and
203
ORDINANCE NO.5137
d.The proposed variance is based on consideration of the best available
science as described in WAC 365-195-905;or where there is an absence of valid scientific
information,the steps in RMC 4-9-250F are followed.
8.Special Review Criteria for Variances from Flood Hazard Requirements in the
Critical Areas Regulations:In lieu of the variance criteria of subsection B5 of this Section,the
following directives and criteria shall be utilized by the 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.Review Criteria:In passing upon such an application for a variance,the
Hearing Examiner shall consider the following review criteria:
i.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;
204
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(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
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.
ii.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 subsection B8bi of
205
ORDINANCE NO.5137
this Section have been fully considered.As the lot size increases the technical justification
required for issuing the variance increases.
iii.Variances may be issued for nonresidential buildings in very
limited circumstances to allow a lesser degree of floodproofing than watertight or dry-
floodproofing,where it can be determined that such action will have low damage potential,
complies with all other variance criteria except subsections B8bii,iii or iv,and otherwise
complies with RMC 4-3-050I2a and I2b of the general standards.
iv.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.
v.Variances shall not be issued within a designated floodway if
any increase in flood levels during the base flood discharge would result.
vi.Variances shall only be issued upon:
(1)A showing of good and sufficient cause;
(2)A determination that failure to grant the variance would
result in exceptional hardship to the applicant;
(3)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.
(4)A determination that the variance is the minimum
necessary,considering the flood hazard,to afford relief.
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ORDINANCE NO.5137
c.Conditions of Approval:Upon consideration of the factors of subsection
B8b of this Section,and the purposes of this section,the Hearing Examiner may attach such
conditions to the granting of variances as it deems necessary to further the purposes of this
section.
d.Notice Required upon Variance Approval:Any applicant to whom a
variance is granted shall be given written notice that the structure will be permitted to be built
with a lowest floor elevation below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
e.Records:The Department Administrator or his/her designee,the
Building Official,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;or Single Family Residence on a Legal Lot with a Class 2,3,or 4
StreamlLake:In lieu of the criteria shown in subsections B5 and B6 of this Section,a variance
may be granted from any wetland or stream requirement in the critical areas regulations for a
single family residence to be located on an existing legal lot if all of the following criteria are
met:
a.The proposal is the minimum necessary to accommodate the building
footprint and access.In no case,however,shall the impervious surface exceed five thousand
(5,000)square feet,including access.Otherwise the alteration shall be reviewed as a Hearing
Examiner variance and subject to the review criteria of subsection B6 of this Section;
b.Access is located so as to have the least impact on the wetland and/or
stream/lake and its buffer;
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c.The proposal preserves the functions and values of the wetlands and/or
stream/lake/riparian habitat to the maximum extent possible;
d.The proposal includes on-site mitigation to the maximum extent
possible;
e.The proposal first develops non-critical area, then the critical area
buffer,before the critical 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;
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;and
h.The proposed variance is based on consideration of the best available
science as described in WAC 365-195-905;or where there is an absence of valid scientific
information,the steps in RMC 4-9-250F are followed.
10.Special Review Criteria -Public/Quasi-Public Utility or Agency Altering
Aquifer Protection,Geologic Hazard,Habitat,Stream/Lake or Wetland Regulations:In lieu of
the variance criteria of subsection B5 of this Section,applications by public/quasi-public utilities
or agencies proposing to alter aquifer protection,geologic hazard,habitat,stream and lake or
wetland regulations shall be reviewed for compliance with all of the following criteria:
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;
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ORDINANCE NO.5137
c.Each facility must serve established,identified public needs;
d.No practical alternative exists to meet the needs;
e.The proposed action takes affirmative and appropriate measures to
minimize and compensate for unavoidable impacts;
f.The proposed activity results in no net loss of regulated wetland or
stream/lake area,value,or function in the drainage basin where the wetland,stream or lake,is
located;
g.The proposed activities will not jeopardize the continued existence of
endangered,threatened or sensitive species as listed by the Federal government or the State;
h.That the proposed activities will not cause significant degradation of
groundwater or surface water quality;
i.The approval as determined by the Hearing Examiner is a minimum
variance that will accomplish the desired purpose;and,
j.The proposed variance is based on consideration of the best available
science as described in WAC 365-195-905;or where there is an absence of valid scientific
information,the steps in RMC 4-9-250F are followed.
11.Special Review Criteria -Constructing Structures over Piped Streams:For
variance requests involving the construction of structures over piped streams,the following
criteria shall apply:
a.The proposal is the minimum necessary to accommodate the structure;
and
b.There is no other reasonable alternative to avoid building over a piped
stream;and
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ORDINANCE NO.5137
c.The existing pipe stream system that would have to be located under the
structure is replaced with new pipe material to insure long term life of the pipe and meets
structural requirements;and
d.The piped stream system is sized to convey the lOO-year future land use
condition runoff from the total upstream tributary area as determined from a hydrologic and
hydraulic analysis performed in accordance with standards determined by the City and in
accordance with other City's standards;and
e.The piped stream that will be built over will need to be placed in a
casing pipe sized to allow pipe skids and the potential need to increase the pipe size by a
minimum of one pipe diameter.The casing pipe shall be a minimum of three pipe diameters
larger than the diameter of the pipe that conveys the stream;and
f.To allow for maintenance,operation and replacement of the piped
stream that has been built over,a flow bypass system shall be constructed and access manholes
or other structures of sufficient size as determined by the City shall be required on both sides of
the section of the piped stream that is built upon;and
g.There will be no damage to nearby public or private property and no
threat to the health or safety of people on or off the property.
12.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.
13.Board of Adjustment Decision Process:
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ORDINANCE NO.5137
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 findings 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.
14.Conditions of Approval:The Reviewing Official may prescribe any
conditions upon the variance deemed to be necessary and required.
15.Finalization:(Reserved)
16.Expiration of Variance Approval:Any variance granted by the Reviewing
Official,unless otherwise specified in writing,shall become null and void in the event that the
applicant or owner of the subject property for which a variance has been requested has failed to
commence construction or otherwise implement effectively the variance granted within a period
of two (2)years after such variance has been issued.For proper cause shown,an applicant may
petition the Reviewing Official during the variance application review process,for an extension
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ORDINANCE NO.5137
of the two (2)year period,specifying the reasons therefor.The time may be extended but shall
not exceed one additional year in any event.
17.Extension of Approval:For proper cause shown,an applicant may petition the
Reviewing Official for an extension of the approved expiration period established per subsection
D 15 of this Section prior to the expiration of the time period,specifying the reasons therefor.The
Reviewing Official may extend the time limit,but such extension shall not exceed one additional
year in any event.
c.WAIVER PROCEDURES:
1.Authority for Waiver,General:(Reserved)
2.Authority for Waiver of Street Improvements:The Board of Public Works may
grant waiver of the installation of street improvements subject to the determination that there is
reasonable justification for such waiver.
3.Application and Fee:Any application for such a waiver shall specify in detail
the reason for such requested waiver and may contain such evidence including photographs,
maps,surveys as may be pertinent thereto.The application fee shall be as specified in RMC 4-1-
170,Land Use Review Fees.
4.Decision Criteria,General:(Reserved)
5.Decision Criteria for Waivers of Street Improvements:Reasonable justification
shall include but not be limited to the following:
a.Required street improvements will alter an existing wetlands or stream,
or have a negative impact on a shoreline's area.
b.Existing steep topography would make required street improvements
infeasible.
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c.Required street improvements would have a negative impact on other
properties,such as restricting available access.
d.There are no similar improvements in the vicinity and there is little
likelihood that the improvements will be needed or required in the next ten (10)years.
e.In no case shall a waiver be granted unless it is shown that there will be
no detrimental effect on the public health,safety or welfare if the improvements are not installed,
and that the improvements are not needed for current or future development.
D.MODIFICATION PROCEDURES:
1.Application Time and Decision Authority:Modification from standards,either
in whole or in part,shall be subject to review and decision by the PlanninglBuilding/Public
Works Department upon submittal in writing of jurisdiction for such modification.
2.Decision Criteria:Whenever there are practical difficulties involved in carrying
out the provisions of this Title,the Department Administrator may grant modifications for
individual cases provided he/she shall first find that a specific reason makes the strict letter of
this Code impractical,that the intent and purpose of the governing land use designation of the
Comprehensive plant is met and that the modification is in conformity with the intent and
purpose of this Code,and that such modification:
a.Substantially implements the policy direction of the policies and
objectives of the Comprehensive Plan Land Use Element and the Community Design Element
and the proposed modification is the minimum adjustment necessary to implement these policies
and objectives.
b.Will meet the objectives and safety,function,appearance,
environmental protection and maintainability intended by the Code requirements,based upon
sound engineering judgment;and
c.Will not be injurious to other property(s)in the vicinity;and
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ORDINANCE NO.5137
d.Confonn to the intent and purpose of the Code;and
e Can be shown to be justified and required for the use and situation
intended;and
f.Will not create adverse impacts to other property(ies)in the
vicinity.
3.Additional Decision Criteria Only for Center Office Residential 3 (COR 3)Zone:For a
modification to special upper story setback standards in the COR 3 Zone,RMC 4-2-120B,the
Department shall rely on the recommendations contained within the Report on Design Criteria
for Modifications prepared by the Economic Development,Neighborhoods and Strategic
Planning Administrator or designee as the basis for approval or denial of the request.In addition
to the criteria in subsection D2 of this Section,the request for modification in the COR 3 Zone
requirements for upper story setbacks shall meet all of the following criteria:
a.In comparison to the standard upper story setbacks,the proposed
building design will achieve the same or better results in tenns of solar access to the public
shoreline trails/open space and publicly accessible plazas;the building will allow access to
sunlight along the public trail/open space system and plazas abutting the shoreline during
daytime and seasonal periods projected for peak utilization by pedestrians.
b.The building will create a step in perceived height,bulk and scale in
comparison to buildings surrounding the subject building.
E.ALTERNATE PROCEDURES:
1.Authority:The provisions of this Title are not intended to prevent the use of
any material or method of construction or aquifer protection not specifically prescribed by this
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ORDINANCE NO.5137
Title,provided any alternate has been approved and its use authorized by the
PlanninglBuildinglPublic Works Administrator.
2.Decision Criteria:The Administrator may approve any such alternate,provided
he/she finds that the proposed design and/or methodology is satisfactory and complies with the
provisions of this Title and that the material,method or work offered is,for the purpose intended,
at least the equivalent of that prescribed in this Title in suitability,strength,effectiveness,
durability,safety,maintainability and environmental protection.
3.Substantiation:The Department Administrator shall require that sufficient
evidence or proof be submitted to substantiate any claims that may be made regarding its use.
4.Record of Decision:The details of any action granting approval of an alternate
shall be written and entered in the files of the Code enforcement agency.
F.ABSENCE OF V ALID SCIENTIFIC INFORMATION:
Where there is an absence of valid scientific information or incomplete scientific
information relating to a critical area leading to uncertainty about the risk to critical area function
of permitting an alteration of or impact to the critical area,the Responsible Official shall:
1.Take a "precautionary or a no-risk approach,"that appropriately limits
development and land use activities until the uncertainty is sufficiently resolved,or determine
that protection can be ensured by using an approach different from that deri ved from the best
available science provided that the applicant demonstrates on the record how the alternative
approach will protect the functions and values of the critical area;and
2.Require application of an effective adaptive management program that relies on
scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical
area.An adaptive management program is a formal and deliberate scientific approach to taking
215
ORDINANCE NO.5137
action and obtaining information in the face of uncertainty.An adaptive management program
shall:
a.Address funding for the research component of the adaptive
management program;
b.Change course based on the results and interpretation of new
information that resolves uncertainties;and
c.Commit to the appropriate timeframe and scale necessary to reliably
evaluate regulatory and nonregulatory actions affecting protection of critical areas and
anadromous fisheries.
SECTION XVIII.Section 4-10-090 of Chapter 10,Legal Nonconforming Structures,
Uses and Lots,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended to read as follows:
4-10-090 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 of RMC 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 of RMC
4-3-050;
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ORDINANCE NO.5137
2.Except for cases of on-going agricultural uses,if a nonconforming activity is
discontinued pursuant to RMC 4-10-060,any resumption of the activity shall confonn to this
Sect~on;
3.Except for cases of on-going agricultural use,if a nonconfonning use or
activity or structure is destroyed by human activities or an act of God,it shall not be resumed or
reconstructed except in conformity with the provisions of RMC 4-3-050 and RMC 4-10-050 and
060;
4.Activities or adjuncts thereof that are or become nuisances shall not be entitled
to continue as nonconforming activities.
SECTION XIX.Section 4-10-100 of Chapter 10,Legal Nonconforming Structures,
Uses and Lots,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended to read as follows:
4-10-100 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Penalties for any violations of any of the provisions of this Chapter shall be in accord
with chapter 1-3-2 RMC.
SECTION XX.Section 4-11-010,Definitions A,of Chapter 11,Definitions,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definition,to read as follows:
ARTIFICIAL CHANNEL:A stream channel that is entirely manmade but does not
include relocated natural channels.
SECTION XXI.Section 4-11-020,Definitions B,of Chapter 11,Definitions,
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ORDINANCE NO.5137
of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definition,to read as follows:
BASEMENT:(This definition for RMC 4-3-050,flood hazard regulations,use only.)
Any area of the building having its floor sub grade (below ground level)on all sides.
SECTION XXII.Section 4-11-030,Definitions C,of Chapter 11,Definitions,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by deleting the definition of
"Creek."
SECTION XXIII.The definition of "Critical Areas"in Section 4-11-030,Definitions
C,of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance No.4260
entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to
read as follows:
CRITICAL AREAS:Wetlands,aquifer protection areas,fish and wildlife habitat,
frequently flooded and geologically hazardous areas as defined by the Growth Management Act
and Section 4-3-050,Critical Area Regulations,in this Title.
SECTION XXIV.The definition of "Critical Facility"in Section 4-11-030,
Definitions C,of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby
amended to read as follows:
CRITICAL FACILITY:A facility for which even a slight chance of flooding,high
geologic hazard,or inundation in the areas of flood hazard or volcanic hazard might be too great.
Critical facilities include,but are not limited to schools,nursing homes,hospitals,police,fire and
218
ORDINANCE NO.5137
emergency response installations,and facilities that produce,use or store hazardous materials or
hazardous waste.
SECTION XXV.Section 4-11-040,Definitions D,of Chapter 11,Definitions,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definitions,to read as follows:
DAYLIGHTING:Restoration of a culverted or buried watercourse to a surface
watercourse.
DEVELOPMENT:(This definition for RMC 4-3-050,flood hazard regulations,use
only.)Any man-made change to improved or unimproved real estate,including but not limited to
buildings or other structures,mining,dredging,filling,grading,paving,excavation or drilling
operations or storage of equipment or materials located within the area of special flood hazard.
SECTION XXVI.The definition of "Density,Net"in Section 4-11-040,Definitions
D,of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance No.4260
entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended 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,i.e.very high landslide hazard areas,protected slopes,
wetlands,Class 1 to 4 streams and lakes,or floodways,and public rights-of-way and legally
recorded private access easements serving three (3)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,streams that have been daylighted including restored
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ORDINANCE NO.5137
riparian and aquatic areas,and public and private alleys shall not be subtracted from gross acres
for the purpose of net density calculations.
SECTION XXVII.Section 4-11-080,Definitions H,of Chapter 11,
Definitions,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended by adding the
following definitions,to read as follows:
HAZARD TREE:Any tree or tree part that poses a high risk of damage to persons or
property as certified by a qualified arborist and accepted by the City.
mGH BLOWDOWN POTENTIAL:An area where field conditions indicate the
.potential for tree blowdown is high.Evidence may include the presence of toppled trees in the
area,and thin or saturated soils.
HYPORHEIC ZONE:The saturated zone located beneath and adjacent to streams that
contains some portion of surface waters,serves as a filter for nutrients,and maintains water
quality.
SECTION XXVIII.Section 4-11-090,Definitions I,of Chapter 11,Definitions,
of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definition,to read as follows:
INTERMITTENT:A condition where water is not present in the channel year round
during years of normal or above normal rainfall.
SECTION XXIX.The definition of "Lowest Floor"in Section 4-11-120,Definitions
L,of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance No.4260
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ORDINANCE NO.5137
entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to
read as follows:
LOWEST FLOOR:The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure,usable solely for parking of vehicles,building access
or storage,in an area other than a basement area,is not considered a building's lowest floor;
provided,that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of RMC 4-3-050.1.3.a.ii.
SECTION XXX.Section 4-11-140,Definitions N,of Chapter 11,Definitions,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definition,to read as follows:
NORMAL RAINFALL:Rainfall that is at the mean or within one standard deviation of
the mean of the accumulated annual rainfall record,based upon the water year for King County
as recorded at the Seattle-Tacoma International Airport by the graph shown at King County
Department of Natural Resources and Parks'Water and Land Resources Di vision's Hydrologic
Information Center (http://dnr.metrokc.gov/hydrodat/seatacprecip.asp).
SECTION XXXI.Section 4-11-160,Definitions P,of Chapter 11,Definitions,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definition,to read as follows:
PERENNIAL:Waters which flow continuously.
SECTION XXXII.Section 4-11-170,Definitions Q,of Chapter 11,Definitions,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
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ORDINANCE NO.5137
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definition,to read as follows:
QUALIFIED PROFESSIONAL:A person with experience and training in the pertinent
scientific discipline,and who is a qualified scientific expert with expertise appropriate for the
relevant subject in accordance with WAC 365-195-905(4).A qualified professional must have
obtained a B.S.or B.A.or equivalent degree in biology,and professional experience related to
the subject habitat or species.
SECTION XXXIII.Section 4-11-180,Definitions R,of Chapter 11,
Definitions,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended by adding the
following definition,to read as follows:
RIPARIAN AREA:The upland area immediately adjacent to and paralleling a body of
water and is usually composed of trees,shrubs and other plants.Riparian functions include bank
and channel stability,sustained water supply,flood storage,recruitment of woody debris,leaf
litter,nutrients,sediment and pollutant filtering,shade,shelter,and other functions that are
important to both fish and wildlife.
SECTION XXXIV.Section 4-11-190,Definitions S,of Chapter 11,Definitions,
of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by adding the following
definitions,to read as follows:
SALMONID MIGRATION BARRIER:An in-stream blockage that consists of a natural
drop (no human influence)with an uninterrupted slope greater than 100-percent (45 degree
angle)and a height in excess of 11 vertical feet within anadromous salmon-bearing waters or a
222
ORDINANCE NO.5137
height in excess of 3 vertical feet within resident trout only bearing waters.Human-made barriers
to salmonid migration (e.g.,culverts,weirs,etc.)shall be considered barriers to salmonid
migration by this definition,only if they were lawfully installed;permanent;present a complete
barrier to salmonid passage based on hydraulic drop,water velocity,water depth,or any other
feature which would prevent all salmonid from passing upstream;and in the opinion of the City
Reviewing Official cannot be modified to provide salmonid passage without resulting in
significant impacts to other environmental resources,major transportation and utility systems,or
to the public,and would have significant expense.For the purposes of this definition significant
expense means a cost equal to or greater than 50%of the combined value of the proposed site
buildings,structures,and/or site improvements,and existing buildings,structures,and/or site
improvements to be retained.
SCOUR:The erosive action of running water in streams,which excavates and carries
away material from the bed and banks.Scour may occur in both earth and solid rock material.
STREAMILAKE CLASS:The stream and lake waters in the City are defined by class as
follows:
1.Class 1:Class 1 waters are perennial salmonid-bearing waters which are
classified by the City and State as Shorelines of the State.
2.Class 2:Class 2 waters are perennial or intermittent salmonid-bearing waters
which meet one or more of the following criteria:
a.Mapped on Figure 4-3-050.Q.4,Renton Water Class Map,as Class 2;
and/or
b.Historically and/or currently known to support salmonids,including
resident trout,at any stage in the species lifecycle;and/or
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ORDINANCE NO.5137
c.is a water body (e.g.pond,lake)between 0.5 acre and 20 acres in size.
3.Class 3:Class 3 waters are non-salmonid-bearing perennial waters during years
of normal rainfall,and/or mapped on Figure 4-3-050.QA,Renton Water Class Map,as Class 3.
4.Class 4:Class 4 waters are non-salmonid-bearing intermittent waters during
years of normal rainfall,and/or mapped on Figure 4-3-050.QA,Renton Water Class Map,as
Class 4.
5.Class 5:Class 5 waters are non-regulated non-salmonid-bearing waters which
meet one or more of the following criteria:
a.flow within an artifically constructed channel where no naturally-
defined channel had previously existed;and/or
b.Are a surficially isolated water body less than 0.5 acre (e.g.pond)not
meeting the criteria for a wetland as defined in Section 4-3-050.M.
SECTION XXXV.Section 4-11-190,Definitions S,of Chapter 11,Definitions,
of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington"is hereby amended by deleting the definition
"Stream,Creek,River,or Watercourse."
SECTION XXXVI.Section 4-11-220,Definitions V,of Chapter 11,
Definitions,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby amended by adding the
following definition,to read as follows:
VOLCANIC HAZARDS:Volcanic hazard areas are those areas subject to a potential for
inundation from post lahar sedimentation along the lower Green River as identified in Plate II,
224
ORDINANCE NO.5137
Map D,in the report U.S.Department of the Interior,U.S.Geological Survey (Revised 1998).
Volcano Hazards/rom Mount Rainier,Washington.Open-File Report 98-428.
SECTION XXXVII.The definition of "Wetland Creation"of Section 4-11-230,
Definitions W,of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby
amended to read as follows:
WETLAND CREATION (OR ESTABLISHMENT):The manipulation of the physical,
chemical,or biological characteristics present to develop a wetland that did not previously exist
on an upland or deepwater site.Establishment results in a gain in wetland acres.
SECTION XXXVIII.The definition of "Wetland Enhancement"of Section 4-11-
230,Definitions W,of Chapter 11,Definitions,of Title IV (Development Regulations)of
Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is
hereby amended to read as follows:
WETLAND ENHANCEMENT:The manipulation of the physical,chemical,or
biological characteristics of a wetland (undisturbed or degraded)site to heighten,intensify,or
improve specific function(s)or for a purpose such as water quality improvement,flood water
retention or wildlife habitat.Enhancement results in a change in wetland function(s)and can
lead to a decline in other wetland function,but does not result in a gain in wetland acres.This
term includes activities commonly associated with the terms enhancement,management,
manipulation,directed alteration.
SECTION XXXIX.Section 4-11-230,Definitions W,of Chapter 11,
Definitions,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
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ORDINANCE NO.5137
General Ordinances of the City of Renton,Washington"is hereby amended by adding the
following definition,to read as follows:
WETLAND PROTECTIONIMAINTENANCE:The removal of a threat to,or preventing
decline of,wetland conditions be an action in of near a wetland.Includes purchase of land or
easement,repairing water control structures or fences,or structural protection such as repairing a
barrier island.This term also includes activities commonly associated with the term
preservation.ProtectionlMaintenance does not result in a gain of wetland acres or function.
SECTION XL.The definition of "Wetland,Regulated"in Section 4-11-230,
Definitions W,of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby
amended to read as follows:
WETLAND,REGULATED:See RMC 4-3-050Mle.
SECTION XLI.The definition of "Wetland Restoration"in Section 4-11-230,
Definitions W,of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby
amended to read as follows:
WETLAND RESTORATION:The manipulation of the physical,chemical,or biological
characteristics of a site with the goal of returning natural/historic functions to former or degraded
wetland.For the purpose of tracking net gains in wetland acres,restoration is divided into:
Re-establishment:the manipulation of the physical,chemical,or biological
characteristics of a site with the goal of returning natural/historic functions toa former wetland.
Re-establishment results in rebuilding a former wetland and results in a gain in wetland acres.
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ORDINANCE NO.5137
Rehabilitation:the manipulation o(the physical,chemical,or biological characteristics of
a site with the goal of repairing naturallhistoric functions of degraded wetland.Rehabilitation
results in a gain in wetland function,but does not result in a gain in wetland acres.
SECTION XLII.
five days after its publication.
This Ordinance shall be effective upon its passage,approval,and
PASSED BY THE CITY COUNCIL this 25th day of __A~p,,-r_1._·1 ,2005.
~·vJ.W~
Bonnie I.Walton,City Clerk
APPROVED BY THE MAYOR this 25th day Of_~A=.glO'-'r,"-,1.",-,·1=--,2005
Approved as to form:
~
Date of Publication:4/29/2005 (summary)
ORD.1177.4/21/05:ma
227
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ORDINANCE NO.5137
Exhibit A
Documents Prepared in Support of
City of Renton Best Available Science Critical Areas Regulations and Shoreline
Master Program GMA Integration Project
•"Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA
Integration,"Jones &Stokes,July 13,2004.
•"City of Renton Best Available Science Literature Review and Stream Buffer Recommendations,"
prepared by AC Kindig &Company and Cedarock Consultants,Inc.on February 27,2003.
•Stream/lake classification results in the Renton Water Classes Map prepared by AC Kindig &
Company and Cedarock,in conjunction with Renton City staff,as most recently issued January 26,
2005.
•"Transmittal ofParametrix Review of Wetlands Regulations,"Jones &Stokes,July 13,2004;
together with "Best Available Science Ordinance Review"by Jim Kelly,PhD,Parametrix,June 28,
2004.
•"Overview and Comparison of Aquifer,Flood Hazard,Geologic Hazard,and Habitat Conservation
Regulations to State Example Critical Areas Code,"Jones &Stokes,July 13,2004.
•"Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments,"Jones
&Stokes,January 26,2005.
•"Proposed Renton Shoreline Master Program Use Environment Amendments,"Jones &Stokes,
March 8,2004 together with the updated Shoreline Environment Map transmitted January 26,2004.
•"Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation
Amendments,"Jones &Stokes,January 26,2005.Includes proposed draft Best Available Science
Regulation Amendments,January 26,2005.
•"Agency Comments March 2004 to December 2004,"Jones &Stokes,January 26, 2005.
•"Stream and Lake Code Amendments and Updates:Edits to July 13,2004 Best Available Science
Regulation Amendments,"Jones &Stokes,January 26,2005.
•"Staff Recommended Adjustments to January 26,2005 Revised Review Drat Critical Areas
Ordinance and Shoreline Master Program Regulation Amendments,"Jones &Stokes,March 2,2005
together with "City of Renton Wetland Rating System -Field Review,"Parametrix,March 2,2005.
•"Frequently Asked Questions:Single Family Homes and new StreamlLake/Shoreline Buffers,"
March 8,2005,prepared by Jones &Stokes for the City of Renton.
•"Responses to Planning Commission Hearing Comments:Renton Best Available Science Critical
Areas Regulations and Shoreline Master Program GMA Integration"Jones &Stokes,dated March 9,
2005.Includes ERC Report and Decision dated August 17,2004,as well as the March 2,2005 memo
above.
•"Meeting with Richard Robohm,State Department of Ecology,"Jones &Stokes,March 15,2005.
•"Planning Commission Follow-Up Questions,"prepared by Jones &Stokes,March 15,2005.
•"Updated Responses to City Council Hearing Comments:Renton Best Available Science Critical
Areas Regulations and Shoreline Master Program GMA Integration,"Jones &Stokes,March 31,
2005;together with a letter "Critical Areas and Shoreline Master Plan Update:Response to Livable
Communities Coalition Letter,March 21,2005,"by AC Kindig &Co.