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File #:
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2004-0122
Version:
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Type:
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Ordinance
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Status:
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Passed
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On agenda:
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10/25/2004
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Final action:
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10/25/2004
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Enactment date:
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11/5/2004
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Enactment #:
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15051
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Title:
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AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amend...
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Indexes:
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CAO (Critical Areas Ordinances), Grading, Growth Management
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Code sections:
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20.70.010 - , 20.70.020 - , 20.70.030 - , 20.70.040 - , 20.70.050 - , 20.70.060 - , 20.70.200 - , 21A.02.010 - , 21A.02.090 - , 21A.06 - , 21A.06.070 - , 21A.06.1000 - , 21A.06.1015 - , 21A.06.1045 - , 21A.06.1065 - , 21A.06.110 - , 21A.06.1172 - , 21A.06.1230 - , 21A.06.1240 - , 21A.06.1265 - , 21A.06.1270 - , 21A.06.1350 - , 21A.06.1370 - , 21A.06.1390 - , 21A.06.1395 - , 21A.06.1400 - , 21A.06.1410 - , 21A.06.1415 - , 21A.06.182 - , 21A.06.195 - , 21A.06.200 - , 21A.06.260 - , 21A.06.280 - , 21A.06.392 - , 21A.06.400 - , 21A.06.410 - , 21A.06.415 - , 21A.06.455 - , 21A.06.470 - , 21A.06.475 - , 21A.06.480 - , 21A.06.490 - , 21A.06.497 - ., 21A.06.500 - , 21A.06.505 - , 21A.06.520 - , 21A.06.545 - , 21A.06.550 - , 21A.06.625 - , 21A.06.680 - , 21A.06.750 - , 21A.06.751 - , 21A.06.790 - , 21A.06.797 - , 21A.06.815 - , 21A.06.825 - , 21A.06.905 - , 21A.06.975 - , 21A.12.030 - , 21A.12.050 - , 21A.12.080 - , 21A.14.040 - , 21A.14.180 - , 21A.14.260 - , 21A.14.270 - , 21A.24 - , 21A.24.010 - , 21A.24.020 - , 21A.24.030 - , 21A.24.040 - , 21A.24.050 - , 21A.24.060 - , 21A.24.070 - , 21A.24.075 - , 21A.24.080 - , 21A.24.090 - , 21A.24.100 - , 21A.24.110 - , 21A.24.120 - , 21A.24.130 - , 21A.24.150 - , 21A.24.160 - , 21A.24.170 - , 21A.24.180 - , 21A.24.190 - , 21A.24.200 - , 21A.24.210 - , 21A.24.220 - , 21A.24.230 - , 21A.24.240 - , 21A.24.250 - , 21A.24.260 - , 21A.24.270 - , 21A.24.275 - , 21A.24.280 - , 21A.24.290 - , 21A.24.300 - , 21A.24.310 - , 21A.24.320 - , 21A.24.330 - , 21A.24.340 - , 21A.24.345 - , 21A.24.350 - , 21A.24.360 - , 21A.24.370 - , 21A.24.380 - , 21A.24.390 - , 21A.24.400 - , 21A.24.410 - , 21A.24.420 - , 21A.24.500 - , 21A.24.510 - , 21A.28.050 - , 21A.30.040 - , 21A.30.045 - , 21A.30.060 - , 21A.38.040 - , 21A.42.010 - , 21A.42.020 - , 21A.42.030 - , 21A.42.040 - , 21A.42.080 - , 21A.42.100 - , 21A.42.120 - , 21A.44.030 - , 21A.50 - , 21A.50.020 - , 27.10.030 -
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Attachments:
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1. 15051.pdf, 2. 10-18-04 Substitute crosswalk, 3. A. King County Basin Conditions Map, 4. 2004-0122 Best Available Science-Volume I-A Review of Science Literature-King County Executive Report-February 2004-Critical Areas, Stormwater, and Clearing and Grading Proposed Ordinances, 5. 2004-0122 CHECKLIST To be Transmitted with ORDINANCE-Dated March 3, 2004.doc, 6. 2004-0122 Fiscal Note.doc.xls, 7. 2004-0122 King County Critical Areas-Stormwater Ordinances Stakeholder Committee MEMBERSHIP ROSTER-January 2004.pdf, 8. 2004-0122 Letter from Barbara Heavey to Richard Young-Dated January 15, 2004.pdf, 9. 2004-0122 Letter from Harry Reinert to Ike Nwankwo-Dated October 9, 2003.pdf, 10. 2004-0122 Metropolitan King County Council Notice of Hearing.pdf, 11. 2004-0122 PUBLIC NOTICE DISTRIBUTION LIST.pdf, 12. 2004-0122 Regulatory Note Checklist of Criteria.pdf, 13. 2004-0122 Summary of Proposed Ordinance Relating to Critical Areas.doc, 14. 2004-0122 Transmittal Letter.doc, 15. 2004-0122--0124 Notice of Enactment.doc, 16. 2004-0122-123-124 Hearing Notice.doc, 17. 2004-0123 2004-122 MS FINAL 4-20-04.doc, 18. 2004-122-123-124 CAO FINAL Revised SR (10-18).doc, 19. A. Basin and Shorelines Conditions Map, dated 9-24-04, 20. B. King County Critical Aquifer Recharge Areas, 21. B. King County Critical Aquifer Recharge Areas, dated September 17, 2004, 22. Briefing B0015 Attachment 1 2-24-04 , 23. Briefing B0015 2-24-04, 24. Briefing B0015 Attachment 2 2-24-04 , 25. Briefing B0017 3-09-04, 26. CAO SUBSTITUTE 10-18-04 Summary, 27. FAQs for 7-27-04.22 corrected 7-30-04.doc, 28. Power Point 6-15-04, 29. Power Point 6-22-04, 30. Power Point 6-8-04 Council Rural Stew , 31. Power Point BAS 8-24-04, 32. Power Point Dept of Ecology 8-24-04, 33. Staff Report ms 6-8-04, 34. Staff Report 3-16-04, 35. Staff Report 4-13-04, 36. Staff Report 5-25-04 , 37. Staff Report 7-27-04, 38. Staff Report 8-24-04, 39. Staff Report 9-14-04, 40. Staff Report attachment, 41. Staff Report Attachment rb 1 6-08-04, 42. Staff Report Attachment 1 rb 5-18 -04, 43. Staff Report Attachment 10-18-04 to revised staff report, 44. Staff Report Attachment 2 rb 5-18-04, 45. Staff Report bs 6-08, 46. Staff Report ms 5-18-04 , 47. Staff Report rb 5-18-04
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Title
AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120.
Body
STATEMENT OF FACTS:
1. Regarding Growth Management Act requirements:
a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas;
b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;
c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA.
2. Regarding the King County Comprehensive Plan:
a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004;
b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources;
c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and
d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices.
3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs:
a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations.
b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics;
c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading;
d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish;
e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and
f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat.
4. Regarding watershed approaches:
a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and
b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
5. Regarding BAS review:
a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios.
b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II;
c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115;
d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values;
e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS;
f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications;
g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values;
h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and
i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and
j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale.
6. Regarding buildable lands analysis:
a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast;
b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas;
c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities;
d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and
e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows:
Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")).
SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows:
Administration and review authority.
A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)).
B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner.
C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42.
D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98.
NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities.
SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06.
SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows:
Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities.
SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows:
Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features.
NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams.
NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides.
NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance.
NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control.
SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed.
NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum.
SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows:
Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)).
NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks.
NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone.
NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone.
NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map.
SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows:
Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints.
SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows:
Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point.
SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows:
Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe:
A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06.
SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows:
((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface.
NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas:
A. Aquatic areas;
B. Coal mine hazard areas;
C. Critical aquifer recharge area;
D. Erosion hazard areas;
E. Flood hazard areas;
F. Landslide hazard areas;
G. Seismic hazard areas;
H. Steep slope hazard areas;
I. Volcanic hazard areas;
J. Wetlands;
K. Wildlife habitat conservation areas; and
L. Wildlife habitat networks.
SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows:
Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site.
SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows:
Department. Department: the King County department of development and environmental services or its successor agency.
NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water.
NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map.
NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound.
NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility.
NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited.
NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit.
SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows:
Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)).
NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural:
A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington;
B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and
C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington.
SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows:
Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers.
SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows:
Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice.
SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows:
Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more:
A. The Alderwood gravely sandy loam ("AgD");
B. The Alderwood and Kitsap soils ("AkF");
C. The Beausite gravely sandy loam ("BeD" and "BeF");
D. The Kitsap silt loam ("KpD");
E. The Ovall gravely loam ("OvD" and "OvF");
F. The Ragnar fine sandy loam ("RaD"); and
G. The Ragnar-Indianola Association ("RdE").
NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Expansion. Expansion: the act or process of increasing the size, quantity or scope.
NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Feasible. Feasible: capable of being done or accomplished.
NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures.
NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program.
NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
FEMA. FEMA: the Federal Emergency Management Agency.
SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows:
((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.
NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation.
SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows:
Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water.
SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows:
Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)).
NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community.
NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections.
SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows:
Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood.
SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows:
Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map.
SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows:
Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation.
NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure:
A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits;
B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and
C. Bank stabilization structures, often called revetments.
SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows:
Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy.
SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows:
Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation.
A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.))
B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise.
NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks.
NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces.
SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows:
Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with:
A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan.
SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows:
Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board.
SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed.
NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows:
A. "Existing grade" means the grade before grading;
B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and
C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060.
NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle.
NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands.
NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports.
SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows:
Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)).
NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events.
NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities.
NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks.
SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows:
Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as:
A. ((Any)) An area with a combination of:
1. Slopes steeper than ((15%)) fifteen percent of inclination;
2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and
3. ((s))Springs or ground water seepage;
B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch;
C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action;
D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or
E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments.
NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map.
NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation.
NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section.
NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle."
NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map.
NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures.
SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows:
Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference:
A. Avoiding the impact by not taking a certain action;
B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and
F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows:
Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources.
SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows:
Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site.
SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows:
Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas:
((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width;
((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped;
((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales;
((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.));
((5.)) E. Regional utility corridors; and
((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped.
SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows:
Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species.
SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows:
Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature.
NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard.
NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs.
SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed.
NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts.
NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation.
NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines.
SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed.
NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems.
NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion.
SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows:
Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered.
NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines.
SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows:
Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to:
A. Chinook, coho, chum, sockeye and pink salmon;
B. Rainbow, steelhead and cutthroat salmon, which are also known as trout;
C. Brown trout;
D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char;
E. Kokanee; and
F. Pygmy ((W))whitefish.
SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows:
Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)).
SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed.
NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW.
NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood.
SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows:
Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following:
1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance.
SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows:
Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition:
A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and
B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet.
SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows:
Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is:
A. ((u))Used by salmonids; or
B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport:
A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows:
Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area.
SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows:
Substantial improvement. Substantial improvement:
A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either:
a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,))
b. if the structure has been damaged and is being restored, before the damage occurred.
2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and
B. Does not include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or
2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources.
NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels.
NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point.
NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows:
Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will:
A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly;
B. Damage an approved road or utility facility; or
C. Prevent emergency access in the case of medical hardship.
NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement.
SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows:
Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)):
A. Telephone exchanges;
B. Water pipelines, pumping or treatment stations;
C. Electrical substations;
D. Water storage reservoirs or tanks;
E. Municipal groundwater well-fields;
F. Regional ((stormwater management)) surface water flow control and water quality facilities((.));
G. Natural gas pipelines, gate stations and limiting stations;
H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users;
I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and
J. ((Pipes)) Communication cables, electrical wires and associated structural supports.
SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows:
Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow.
SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows:
Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities.
NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria:
A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex;
B. The complex includes at least:
1. one wetland classified category I or II;
2. three wetlands classified category III; or
3. four wetlands classified category IV;
C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and
D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding.
NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres.
SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows:
Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175.
NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres.
SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows:
Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall.
SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed.
SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows:
Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply:
A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and
B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to:
1. A surface water conveyance for drainage or irrigation;
2. A grass-lined swale;
3. A canal;
4. A flow control facility;
5. A wastewater treatment facility;
6. A farm pond;
7. A wetpond;
8. Landscape amenities; or
9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres.
NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.
NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland.
NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild.
NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity.
NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation.
SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows:
Densities and dimensions - residential zones.
A. Densities and dimensions - residential zones.
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RESIDENTIAL |
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ZONES |
RURAL |
URBAN RESERVE |
URBAN RESIDENTIAL |
STANDARDS |
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RA-2.5 |
RA-5 |
RA-10 |
RA-20 |
UR |
R-1 (17) |
R-4 |
R-6 |
R-8 |
R-12 |
R-18 |
R-24 |
R-48 |
Base Density: Dwelling Unit/Acre (15) |
0.2 du/ac |
0.2 du/ac |
0.1 du/ac |
0.05 du/ac |
0.2 du/ac (21) |
1 du/ac |
4 du/ac (6) |
6 du/ac |
8 du/ac |
12 du/ac |
18 du/ac |
24 du/ac |
48 du/ac |
Maximum Density: Dwelling Unit/Acre (1) |
0.4 du/ac (20) |
0.4 du/ac (20) |
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|
|
|
6 du/ac (22) |
9 du/ac |
12 du/ac |
18 du/ac |
27 du/ac |
36 du/ac |
72 du/ac |
Minimum Density: (2) |
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|
|
|
|
85% (12) (18) (23) |
85% (12) (18) |
85% (12) (18) |
80% (18) |
75% (18) |
70% (18) |
65% (18) |
Minimum Lot Area (13) |
1.875 ac |
3.75 ac |
7.5 ac |
15 ac |
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Minimum Lot Width (3) |
135 ft
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135 ft
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135 ft
|
135 ft
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35 ft (7) |
35 ft (7) |
30 ft
|
30 ft |
30 ft |
30 ft |
30ft |
30 ft |
30 ft |
Minimum Street Setback (3) |
30 ft (9) |
30 ft (9) |
30ft (9) |
30 ft (9) |
30 ft (7) |
20 ft (7) |
10 ft (8) |
10 ft (8) |
10 ft (8) |
10 ft (8) |
10 ft (8) |
10ft (8) |
10 ft (8) |
Minimum Interior Setback (3) (16) |
5 ft (9) |
10ft (9) |
10 ft (9) |
10 ft (9) |
5 ft (7) |
5 ft (7) |
5 ft |
5 ft |
5 ft |
5 ft (10) |
5 ft (10) |
5 ft (10) |
5 ft (10) |
Base Height (4) |
40 ft |
40 ft |
40 ft |
40 ft |
35 ft |
35 ft |
35 ft |
35 ft 45 ft (14) |
35 ft 45 ft (14) |
60 ft |
60 ft 80 ft (14) |
60 ft 80 ft (14) |
60 ft 80 ft (14) |
Maximum Impervious Surface: Percentage (5) |
25% (11) (19) (25) |
20% (11) (19) (25) |
15% (11) (19) (24) (25) |
12.5% (11) (19) (25) |
30% (11) (25) |
30% (11) (25) |
55% (25) |
70% (25) |
75% (25) |
85% (25) |
85% (25) |
85% (25) |
90% (25) |
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B. Development conditions.
1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g.
2. Also see K.C.C. 21A.12.060.
3. These standards may be modified under the provisions for zero-lot-line and townhouse developments.
4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence.
5. Applies to each individual lot. Impervious surface area standards for:
a. regional uses shall be established at the time of permit review;
b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220;
c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and
d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit.
6. Mobile home parks shall be allowed a base density of six dwelling units per acre.
7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area.
8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line.
9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width.
b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone.
10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet.
b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located.
11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2.
12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087.
13. The minimum lot area does not apply to lot clustering proposals.
14. The base height to be used only for projects as follows:
a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and
b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title.
15. Density applies only to dwelling units and not to sleeping units.
16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway.
17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains:
(1) a floodplain,
(2) a critical aquifer recharge area,
(3) a Regionally or Locally Significant Resource Area,
(4) existing or planned public parks or trails, or connections to such facilities,
(5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland,
(6) a steep slope, or
(7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan.
b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract.
18. See K.C.C. 21A.12.085.
19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required.
20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55.
21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959.
22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City.
23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City.
24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent.
25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control.
SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows:
Measurement methods. The following provisions shall be used to determine compliance with this title:
A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150;
B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle;
C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms;
D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and
E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities.
SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows:
Calculations - site area used for base density and maximum density floor area calculations.
A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)).
B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations.
C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
1. Fractions of 0.50 or above shall be rounded up; and
2. Fractions below 0.50 shall be rounded down.
SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows:
Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met:
A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract;
B. In the RA zone:
1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster;
2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street;
3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet;
4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways;
5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section;
6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities;
7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met:
a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks));
b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract;
c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm;
d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision;
e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision;
f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan;
g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat;
h. The notice shall run with the land; and
i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and))
8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and
9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and
C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract.
SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows:
On-site recreation - space required.
A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows:
1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit;
2. Mobile home park ((-)): two hundred sixty square feet per unit; and
3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use:
a. Studio and one bedroom ((-)): ninety square feet per unit;
b. Two bedrooms - one hundred seventy square feet per unit; and
c. Three or more bedrooms ((-)): one hundred seventy square feet per unit.
B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200.
C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall:
1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent;
2. Be on the site of the proposed development;
3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation;
4. Be centrally located with good visibility of the site from roads and sidewalks;
5. Have no dimensions less than thirty feet, ((())except trail segments(()));
6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities;
7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision;
8. Be accessible and convenient to all residents within the development; and
9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property.
D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas.
E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements:
1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190;
2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area:
a. playground equipment;
b. sport court;
c. sport field;
d. tennis court; or
e. any other recreation facility proposed by the applicant and approved by the director((.));
3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and
4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
a. Fractions of 0.50 or above shall be rounded up; and
b. Fractions below 0.50 shall be rounded down.
F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria:
1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director;
2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions:
a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation;
b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard;
c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and
d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual.
G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose.
H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans.
1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met.
2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met.
SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows:
Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by:
A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas;
B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures;
C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity;
D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas;
E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas;
F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions;
G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat;
H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits;
I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and
J. Providing county officials with sufficient information to protect ((sensitive)) critical areas.
SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows:
Applicability.
A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter.
B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter.
C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter.
D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations.
E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC.
SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows:
Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020.
SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows:
((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration.
SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed.
SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed:
NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:
Allowed alterations of critical areas.
A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter:
1. Critical aquifer recharge area,
2. Coal mine hazard area;
3. Erosion hazard area;
4. Flood hazard area except in the severe channel migration hazard area;
5. Landslide hazard area under forty percent slope;
6. Seismic hazard area; and
7. Volcanic hazard areas.
B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter:
1. Severe channel migration hazard area;
2. Landslide hazard area over forty percent slope;
3. Steep slope hazard area;
4. Wetland;
5. Aquatic area;
6. Wildlife habitat conservation area; and
7. Wildlife habitat network.
C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the
conditions applicable to each critical area is required.
KEY |
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Letter "A" in a cell means |
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L |
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S |
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W |
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A |
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W |
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alteration is allowed |
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A |
O |
T |
A |
E |
B |
Q |
B |
C |
I |
A |
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N |
V |
E |
N |
T |
U |
U |
U |
H |
L |
N |
A number in a cell means the |
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D |
E |
E |
D |
L |
F |
A |
F |
A |
D |
D |
corresponding numbered |
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S |
R |
P |
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A |
F |
T |
F |
N |
L |
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condition in subsection D. applies |
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L |
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B |
N |
E |
I |
E |
N |
I |
N |
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I |
40% |
S |
U |
D |
R |
C |
R |
E |
F |
E |
"Wildlife area and network" |
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D |
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L |
F |
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L |
E |
T |
column applies to both |
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E |
A |
O |
F |
A |
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A |
A |
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W |
Wildlife Habitat Conservation |
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N |
P |
E |
N |
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R |
N |
M |
A |
O |
Area and Wildlife Habitat Network |
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H |
D |
E |
R |
D |
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E |
D |
I |
R |
R |
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A |
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A |
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G |
E |
K |
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Z |
B |
H |
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S |
R |
A |
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A |
U |
A |
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A |
E |
A |
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R |
F |
Z |
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N |
V |
T |
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D |
F |
A |
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D |
E |
I |
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E |
R |
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R |
O |
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ACTIVITY |
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R |
D |
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E |
N |
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Structures |
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Construction of new single detached dwelling unit |
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A 1 |
A 2 |
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Construction of nonresidential structure |
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A 3 |
A 3 |
A 3, 4 |
Maintenance or repair of existing structure |
A 5 |
A |
A |
A |
A 4 |
Expansion or replacement of existing structure |
A 5, 7 |
A 5, 7 |
A 7, 8 |
A 6, 7, 8 |
A 4, 7 |
Interior remodeling |
A |
A |
A |
A |
A |
Construction of new dock or pier |
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A 9 |
A 9, 10, 11 |
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Maintenance, repair or replacement of dock or pier |
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A 12 |
A 10, 11 |
A 4 |
Grading |
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Grading |
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A 13 |
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A 14 |
A 4, 14 |
Construction of new slope stabilization |
A 15 |
A 15 |
A 15 |
A 15 |
A 4, 15 |
Maintenance of existing slope stabilization |
A 16 |
A 13 |
A 17 |
A 16, 17 |
A 4 |
Mineral extraction |
A |
A |
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Clearing |
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Clearing |
A 18 |
A 18, 19 |
A 18, 20 |
A 14, 18, 20 |
A 4, 14, 18, 20 |
Cutting firewood |
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A 21 |
A 21 |
A 21 |
A 4, 21 |
Removal of vegetation for fire safety |
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A 22 |
A 22 |
A 4, 22 |
Removal of noxious weeds or invasive vegetation |
A 23 |
A 23 |
A 23 |
A 23 |
A 4, 23 |
Forest Practices |
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Nonconversion Class IV-G forest practice |
A 24 |
A 24 |
A 24 |
A 24 |
A 24, 25 |
Class I, II, III, IV-S forest practice |
A |
A |
A |
A |
A |
Roads |
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Construction of new public road right-of-way structure on unimproved right-of-way |
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A 26 |
A 26 |
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Maintenance of public road right-of-way structure |
A 16 |
A 16 |
A 16 |
A 16 |
A 16, 27 |
Expansion beyond public road right-of way structure |
A |
A |
A 26 |
A 26 |
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Repair, replacement or modification within the roadway |
A 16 |
A 16 |
A 16 |
A 16 |
A 16, 27 |
Construction of driveway or private access road |
A 28 |
A 28 |
A 28 |
A 28 |
A 28 |
Construction of farm field access drive |
A 29 |
A 29 |
A 29 |
A 29 |
A 29 |
Maintenance of driveway, private access road or farm field access drive |
A |
A |
A 17 |
A 17 |
A 17, 27 |
Bridges or culverts |
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Maintenance or repair of bridge or culvert |
A 16, 17 |
A 16, 17 |
A 16, 17 |
A 16, 17 |
A 16, 17, 27 |
Replacement of bridge or culvert |
A 16 |
A 16 |
A 16 |
A 16, 30 |
A 16, 27 |
Expansion of bridge or culvert |
A |
A |
A 31 |
A 31 |
A 4 |
Utilities and other infrastructure |
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Construction of new utility corridor or utility facility |
A 32, 33 |
A 32, 33 |
A 32, 34 |
A 32, 34 |
A 27, 32, 35 |
Maintenance, repair or replacement of utility corridor or utility facility |
A 32, 33 |
A 32, 33 |
A 32, 34, 36 |
A 32, 34, 36 |
A 4, 32, 37 |
Maintenance or repair of existing well |
A 37 |
A 37 |
A 37 |
A 37 |
A 4, 37 |
Maintenance or repair of on-site sewage disposal system |
Acell A |
A |
A 37 |
A 4 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system |
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A 38 |
A 32, 39 |
A 4 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system |
A 33 |
A 33 |
A 16, 32, 39 |
A 16, 40, 41 |
A 4, 37 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facility |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facility |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facility |
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A 27, 42 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility |
A 33, 43 |
A 33, 43 |
A 43 |
A 43 |
A 27, 43 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream work |
A 16 |
A 16 |
A 16 |
A 16, 44, 45 |
A 4, 16, 44, 45 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areas |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trail |
A 46 |
A 46 |
A 47 |
A 47 |
A 4, 47 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area |
A 48 |
A 48 |
A 48 |
A 48 |
A 4, 48 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projects |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project |
A 49 |
A 49 |
A 49 |
A 49 |
A 4, 49 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonids |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas report |
A 51 |
A 51 |
A 51, 52 |
A 51, 52 |
A 4 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity |
A 53 |
A 53 |
A 53, 54 |
A 53, 54 |
A 53, 54 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestock |
A 53 |
A 53 |
A 53, 54 |
A 53, 54 |
A 53, 54 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facility |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuary |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainage |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainageA 57A 57A 4, 57Maintenance of agricultural drainage |
A 58 |
A 58 |
A 53, 54, 58 |
53, 54, 58 |
A 4, 53, 54, 58 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainageA 57A 57A 4, 57Maintenance of agricultural drainage A 58A 58A 53, 54, 5853, 54, 58A 4, 53, 54, 58Construction or maintenance of farm pond, fish pond or livestock watering pond |
A 53 |
A 53 |
A 53, 54 |
A 53, 54 |
A 53, 54 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainageA 57A 57A 4, 57Maintenance of agricultural drainage A 58A 58A 53, 54, 5853, 54, 58A 4, 53, 54, 58Construction or maintenance of farm pond, fish pond or livestock watering pondA 53A 53A 53, 54A 53, 54A 53, 54Other |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainageA 57A 57A 4, 57Maintenance of agricultural drainage A 58A 58A 53, 54, 5853, 54, 58A 4, 53, 54, 58Construction or maintenance of farm pond, fish pond or livestock watering pondA 53A 53A 53, 54A 53, 54A 53, 54Other Excavation of cemetery graves in established and approved cemetery |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainageA 57A 57A 4, 57Maintenance of agricultural drainage A 58A 58A 53, 54, 5853, 54, 58A 4, 53, 54, 58Construction or maintenance of farm pond, fish pond or livestock watering pondA 53A 53A 53, 54A 53, 54A 53, 54Other Excavation of cemetery graves in established and approved cemeteryAAAAA Maintenance of cemetery graves |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainageA 57A 57A 4, 57Maintenance of agricultural drainage A 58A 58A 53, 54, 5853, 54, 58A 4, 53, 54, 58Construction or maintenance of farm pond, fish pond or livestock watering pondA 53A 53A 53, 54A 53, 54A 53, 54Other Excavation of cemetery graves in established and approved cemeteryAAAAA Maintenance of cemetery graves A A A A A Maintenance of lawn, landscaping or gardening for personal consumption |
A 59 |
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1Title AN ORDINANCE relating to critical areas; amending Ordinance 10870, Section 11, and K.C.C. 21A.02.010, Ordinance 10870, Section 19, and K.C.C. 21A.02.090, Ordinance 10870, Section 466, and K.C.C. 21A.24.190, Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070, Ordinance 10870, Section 70, and K.C.C. 21A.06.122, Ordinance 11621, Section 20, and K.C.C. 21A.06.182, Ordinance 10870, Section 79, and K.C.C. 21A.06.195, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 11481, Section 1, and K.C.C. 20.70.010, Ordinance 10870, Section 92, and K.C.C. 21A.06.260, Ordinance 10870, Section 96, and K.C.C. 21A.06.280, Ordinance 11621, Section 21, and K.C.C. 21A.06.392, Ordinance 10870, Section 120, and K.C.C. 21A.06.400, Ordinance 10870, Section 122, and K.C.C. 21A.06.410, Ordinance 10870, Section 123, and K.C.C. 21A.06.415, Ordinance 10870, Section 131, and K.C.C. 21A.06.455, Ordinance 10870, Section 134, and K.C.C. 21A.06.470, Ordinance 10870, Section 135, as amended, and K.C.C. |1013|1A.06.475, Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480, Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485, Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490, Ordinance 10870, Section 140, and K.C.C. 21A.06.5|1013|0, Ordinance 10870, Section 141, and K.C.C. 21A.06.505, Ordinance 10870, Section 144, and K.C.C. 21A.06.520, Ordinance 10870, Section 149, and K.C.C. 21A.06.545, Ordinance 10870, Section 165, and K.C.C. 21A.06.625, Ordinance 10870, Section 176, and K.C.C. 21A.06.680, Ordinance 10870, Section 190, and K.C.C. 21A.06.750, Ordinance 11621, Section 26, and K.C.C. 21A.06.751, Ordinance 10870, Section 198, and K.C.C. 21A.06.790, Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797, Ordinance 10870, Section 203, and K.C.C. 21A.06.815, Ordinance 10870, Section 205, and K.C.C. 21A.06.825, Ordinance 10870, Section 240, and K.C.C. 21A.06.1000, Ordinance 10870, Section 243, and K.C.C. 21A.06.1015, Ordinance 10870, Section 249, and K.C.C. 21A.06.1045, Ordinance |1013|1555, Section 1, and K.C.C. 21A.06.1172, Ordinance 10870, Section 286, and K.C.C. 21A.06.1230, Ordinance 10870, Section 288, and K.C.C. 21A.06.1240, Ordinance 10870, Section 293, and K.C.C. 21A.06.1265, Ordinance 10870, Section 294, and K.C.C. 21A.06.1270, Ordinance 10870, Section 310, and K.C.C. 21A.06.1350, Ordinance 10870, Section 314, and K.C.C. 21A.06.1370, Ordinance 10870, Section 318, and K.C.C. 21A.06.1390, Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395, Ordinance 10870, Section 3|1013|0, and K.C.C. 21A.06.1400, Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050, Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, and K.C.C. 21A.24.020, Ordinance 10870, Section 450, and K.C.C. 21A.24.030, Ordinance 10870, Section 451, and K.C.C. 21A.24.040, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, and K.C.C. 21A.24.090, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, and K.C.C. 21A.24.130, Ordinance 10870, Section 463, and K.C.C. 21A.24.160, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, and K.C.C. 21A.24.200, Ordinance 10870, Section 468, as amended, and K.C.C. 21A.24.210, Ordinance 10870, Section 469, and K.C.C. 21A.24.220, Ordinance 10870, Section 470, and K.C.C. 21A.24.230, Ordinance 10870, Section 471, as amended, and K.C.C. 21A.24.240, Ordinance 10870, Section 472, and K.C.C. 21A.24.250, Ordinance 10870, Section 473, and K.C.C. 21A.24.260, Ordinance 10870, Section 474, and K.C.C. 21A.24.270, Ordinance 11621, Section 75, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, and K.C.C. 21A.24.290, Ordinance 10870, Section 477, and K.C.C. 21A.24.300, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Sections 2, and K.C.C. 20.70.020, Ordinance 11481, Sections 3 and 5, and K.C.C. 20.70.030, Ordinance 11481, Sections 2, and K.C.C. 20.70.060, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 11621, Section 72, as amended, and K.C.C. 21A.24.345, Ordinance 10870, Section 485, and K.C.C. 21A.24.380, Ordinance 11621, Section 52, as amended, and K.C.C. 21A.14.260, Ordinance 11621, Section 53, and K.C.C. 21A.14.270, Ordinance 10870, Section 486, and K.C.C. 21A.24.390, Ordinance 10870, Section 487, and K.C.C. 21A.24.400, Ordinance 10870, Section 488, and K.C.C. 21A.24.410, Ordinance 10870, Section 489, and K.C.C. 21A.24.420, Ordinance 14187, Section 1, and K.C.C. 21A.24.500, Ordinance 14187, Section 2, and K.C.C. 21A.24.510, Ordinance 10870, Section 515, and K.C.C. 21A.28.050, Ordinance 10870, Section 532, as amended, and K.C.C. 21A.30.040, Ordinance 11168 Section 3, as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 10870, Section 577, as amended, and K.C.C. 21A.38.040, Ordinance 10870, Section 611, and K.C.C. 21A.42.030, Ordinance 10870, Section 612, as amended, and K.C.C. 21A.42.040, Ordinance 10870, Section 616, as amended, and K.C.C. 21A.42.080, Ordinance 10870, Section 618, as amended, and K.C.C. 21A.42.100, Ordinance 10870, Section 624, as amended, and K.C.C. 21A.44.030 and Ordinance 10870, Section 630, and K.C.C. 21A.50.020, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, adding new sections to K.C.C. chapter 21A.50, recodifying 21A.24.190, 20.70.010, 21A.06.1415, 20.70.020, 20.70.030, 20.70.040, 20.70.060, 21A.14.260 and 21A.14.270 and repealing Ordinance 10870, Section 62, and K.C.C. 21A.06.110, Ordinance 10870, Section 150, and K.C.C. 21A.06.550, Ordinance 10870, Section 221, and K.C.C. 21A.06.905, Ordinance 10870, Section 235, and K.C.C. 21A.06.975, Ordinance 10870, Section 253, and K.C.C. 21A.06.1065, Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410, Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050, Ordinance 10870, Section 453, and K.C.C. 21A.24.060, Ordinance 11621, Section 70, as amended, and K.C.C. 21A.24.075, Ordinance 10870, Section 455, as amended, and K.C.C. 21A.24.080, Ordinance 10870, Section 459, and K.C.C. 21A.24.120, Ordinance 10870, Section 462, and K.C.C. 21A.24.150, Ordinance 11481, Section 6, and K.C.C. 20.70.050, Ordinance 11481, Section 8, and K.C.C. 20.70.200, Ordinance 10870, Section 479, and K.C.C. 21A.24.320, Ordinance 10870, Section 480, as amended, and K.C.C. 21A.24.330, Ordinance 10870, Section 482, and K.C.C. 21A.24.350, Ordinance 10870, Section 483, as amended, and K.C.C. 21A.24.360, Ordinance 10870, Section 484, as amended, and K.C.C. 21A.24.370, Ordinance 10870, Section 609, and K.C.C. 21A.42.010, Ordinance 10870, Section 610, and K.C.C. 21A.42.020 and Ordinance 10870, Section 620, and K.C.C. 21A.42.120. Body STATEMENT OF FACTS: 1. Regarding Growth Management Act requirements: a. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous areas; b. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas, and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; c. The GMA requires all local government to designate and protect resource lands, including agricultural lands. The GMA requires local governments planning under GMA to accommodate future population growth as forecasted by the office of financial management and requires counties to include a rural element in their comprehensive plans. King County is required to plan under the GMA and has adopted a comprehensive plan that includes all of the required elements under GMA. 2. Regarding the King County Comprehensive Plan: a. King County's efforts to accommodate growth and to protect critical areas, resource lands and rural lands are guided by Countywide Planning Policies and the King County Comprehensive Plan ("the Comprehensive Plan"). The council recently completed a four-year update of the Comprehensive Plan with the adoption of updated policies and implementing ordinances on September 27, 2004; b. The Comprehensive Plan policies call for a mixture of regulations and incentives to be used to protect the natural environment and manage water resources; c. The Comprehensive Plan policies direct that agriculture should be the principle use within the agricultural production districts. The Comprehensive Plan also encourages agriculture on prime farmlands located outside the agricultural production districts using tools such as permit exemptions for activities complying with best management practices; and d. The Comprehensive Plan encourages farming and forestry throughout the rural area. The rural policies call for support of forestry through landowner incentive programs, technical assistance, permit assistance, regulatory actions and education. The rural policies encourage farming in the rural area through tax credits, expedited permit review and permit exceptions for activities complying with best management practices. 3. Regarding the relationship of this critical areas ordinance to other regulations, projects and programs: a. King County uses a combination of regulatory and nonregulatory approaches to protect the functions and values of critical areas. Regulatory approaches include low-density zoning in significantly environmentally constrained areas, limits on total impervious surface, stormwater controls and clearing and grading regulations. b. Nonregulatory approaches to protecting critical areas include: current use taxation programs that encourage protection of long-term forest cover, open space and critical areas; habitat restoration projects; habitat acquisition projects; and public education on land and water stewardship topics; c. The standards in this critical areas ordinance for protection of wetlands, aquatic areas and wildlife areas work in tandem with landscape-level standards for stormwater management, water quality and clearing and grading; d. This critical areas ordinance includes provisions for site-specific application of wetland and stream buffers, best management practices and alterations conditions through rural stewardship plans and farm plans. Buffer modifications through rural stewardship plans are guided by the Basins and Shorelines Conditions map that is a substantive attachment to this critical areas ordinance. The Basin and Shorelines Conditions map is based on criteria that consider presence and habitat use by anadromous fish; e. The stormwater ordinance (Ordinance 15052) being adopted in conjunction with this critical areas ordinance incorporates standards consistent with the Washington state Department of Ecology's Stormwater Management Manual for Western Washington and requires a wider range of development activities to undergo drainage review and to mitigate impacts of new development and redevelopment on surface water runoff. The stormwater ordinance places a strong emphasis on flow control best management practices that disperse and infiltrate runoff on-site. The stormwater ordinance also extends water quality standards to residential activities, including car washing and use of pesticides and herbicides; and f. The clearing and grading ordinance (Ordinance 15053) being adopted in conjunction with this critical areas ordinance applies seasonal clearing limits throughout unincorporated King County to help prevent sedimentation of streams and other aquatic areas. The clearing and grading ordinance also applies clearing limits to rural zoned properties ranging from thirty-five to fifty percent depending on lot size. Retention of forest cover helps to preserve the ability of soils and forest cover to capture and slowly release or infiltrate rainwater. Retention of forest cover augments the protection provided by buffers for wetlands, aquatic areas, and fish and wildlife conservation areas. The clearing limits are structured in a way that encourages forest cover to be retained in the vicinity of other critical areas, and to lay out subdivisions in a manner that minimizes fragmentation of wildlife habitat. 4. Regarding watershed approaches: a. All parts of watershed need to play a role in protecting critical areas, whether urban or rural. King County's past investments in habitat protection and restoration on a watershed basis have been guided by detailed basin plans, the Waterways 2000 program and, more recently, water resource inventory area plans being prepared for the Green-Duwamish, Cedar-Lake Washington, Snohomish-Snoqualmie and Puyallup-White river basins. These cooperative planning processes are also used to allocate funding from the state Salmon Recovery Funding Board and King Conservation District; and b. Water resources inventory area plans, expected to be completed in 2005, will identify specific priorities for habitat investments, monitoring, and adaptive management needs at a watershed scale. These plans will help guide future habitat protection actions in both urban and rural King County, and are expected to enhance the county's ability to achieve no net loss of wetlands at the basin scale and to meet GMA direction to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. 5. Regarding BAS review: a. The BAS review and assessment carried out by King County for consideration of these ordinances is found in "BAS Volume I -- A Review of Science Literature" and "BAS Volume II -- Assessment of Proposed Ordinances" dated February 2004. The Growth Management and Unincorporated Areas Committee was also provided with an overview of the BAS review conducted by the Washington state Department of Ecology ("Ecology") in support of Ecology's revised wetland rating system and guidance for wetland buffers and mitigation ratios. b. The approach for development of King County's Best Available Science Volumes I and II was developed based on guidance in WAC 365-195-900. Appendix C to BAS Volume I summarizes the qualifications of the authors of the report and lists the scientific experts that provided peer review of issue papers that served as the basis for BAS Volumes I and II; c. Chapter 6 of BAS Volume II summarizes departures from BAS in the original executive proposal, and includes risk assessment summaries for aquatic areas, wildlife areas and wetlands. The summaries indicate that most of the proposed regulations fall within the range of BAS. The assessment also noted five departures from BAS, including wetland buffers in urban areas, treatment of aquatic and wetland buffers in agricultural areas, and buffers for Type O streams. BAS Volume II provides a detailed discussion of these departures the associated risks to critical area functions and values in accordance with WAC 365-195-115; d. BAS Volume II noted that the executive-proposed buffer widths for wetlands in urban areas departed from BAS recommendations for protecting wetland functions and values; e. The council has amended the executive-proposed buffer widths for both urban and rural wetland buffers modeled on guidance from Ecology. The standard buffer widths for urban areas are based on consideration of wetland classification and wetland functions, and reflect the higher intensity and higher density land uses found in urban King County. The buffer widths for urban areas include provisions for increased buffer widths or protection of a vegetated corridor in cases where wetlands with moderate or high wildlife functions are located within three-hundred feet of a priority habitat. The standard buffer widths may be decreased by twenty-five feet in cases where additional steps are taken to mitigate development impacts. The standard buffer widths in rural areas are determined based on consideration of wetland classification, wildlife functions and surrounding land use intensity. The buffer widths for rural areas may be reduced when best management practices are applied through a rural stewardship plan or farm plan. A review of these wetland buffers relative to the findings of BAS Volumes I and II has concluded that the buffer widths for both urban and rural areas fall within the range of BAS; f. The council has amended the critical areas ordinance to require the use of Ecology's 2004 Wetland Rating System for Western Washington. The 2004 Wetland Rating System uses an assessment of multiple wetland functions to determine wetland classification. This provides greater assurance that wetland functions and values will be protected through buffers and mitigation ratios based on these classifications; g. The council has amended wetland mitigation ratios to be consistent with Department of Ecology guidance to improve regulatory consistency and to provide greater assurance of no net loss of wetland functions and values; h. BAS Volume II noted a departure from BAS with respect to buffers for Type O streams, and protection of microclimate functions for Type N streams. Type O streams are expected to be limited in number, area and distribution, and have no fish present. Landscape-level protection for aquatic area functions and values is enhanced through the application of clearing limits and stricter stormwater standards; and i. BAS Volume II noted a departure from BAS in treatment of buffers in agricultural areas. Land suitable for farming is an irreplaceable natural resource. Since 1959, almost sixty percent of the county's prime agricultural land has been lost to urban and suburban development. Of one hundred thousand acres available for farming forty years ago, only forty-two thousand remain in agriculture. Since 1979, the county has protected more that twelve thousand eight hundred acres of farmland through purchase of development rights under the farmlands preservation program. In 1985, the county established agricultural production districts with large lot zoning and identified agriculture as the preferred use. Through purchase of development rights, designation of agricultural production districts, and adoption of comprehensive plan policies directing protection of agricultural lands, the amount of agricultural land has largely stabilized. Much of King County's prime agricultural land is found in floodplains and adjacent to rivers, streams and wetlands. Prohibitions on agricultural uses within aquatic and wetland buffers would take large areas of the agricultural production districts out of agricultural use, contrary to GMA mandates, Comprehensive Plan Policies and past public investments in purchase of development rights. The agricultural provisions in the critical areas ordinance were developed in close coordination with the King County agriculture commission and provide for continued agricultural uses within buffers and expansions of agricultural uses into previously cleared areas with a farm plan. Risk to aquatic area and wetland functions and values is reduced through site-specific best management practices, including vegetated filter strips, winter cover crops, livestock fencing and other best management practices recommended by the Natural Resources Conservation Service and the King Conservation District; and j. The council has amended the rural clearing limits in the clearing and grading ordinance. In most parts of the rural area, clearing limits for rural residential zoned properties would be scaled to lot size and range from thirty-five to fifty percent. In basins where a detailed basin plan has identified the need for a higher regulatory clearing limit, the clearing limit remains at thirty-five percent. BAS Volume I Appendix B identifies a threshold of sixty-five percent forest cover at the basin scale in terms of observed degradation in stream conditions. A review of these amendments relative the findings of BAS Volumes I and II notes that the application a fifty percent clearing limit to smaller lots could increase risks to aquatic area functions and values. The council finds that the scaling of regulatory clearing limits between fifty and sixty-five percent will be adequate when carried in conjunction with continued protection of the forest production district, acquisition of forested lands, tax incentive programs to encourage protection and restoration of forest cover, transfer of development rights programs and forestry stewardship programs. Water resource inventory area plans will provide valuable information for targeting these nonregulatory tools to where they are most needed to meet the goal of sixty-five percent forest cover at the basin scale. 6. Regarding buildable lands analysis: a. King County and the cities within King County developed and adopted Countywide Planning Policies, which included household and employment targets for each jurisdiction for the twenty-year period from 1992 through 2012. The combined household targets for all jurisdictions accommodate the entire forecasted growth increment for King County within the Urban Growth Area; no growth in rural areas was required for King County to accommodate the state forecast; b. In 1997, the Washington state Legislature adopted the Buildable Lands amendment to the GMA (RCW 36.70A.215). The amendment requires six Washington counties and their cities to determine the amount of land suitable for urban development, and to evaluate its capacity for growth, based upon measurement of five years of actual development activity. The data gathering and analysis to prepare the buildable lands report was performed by all jurisdictions in King County, under the auspices of the Growth Management Planning Council ("GMPC"). The buildable lands analysis is required only for urban areas; c. To address concerns about maintaining a balance between jobs and housing, and to reflect the way real estate markets work, the GMPC adopted a subregional approach to buildable lands analysis and reporting. Four broad subareas, each made up of several King County jurisdictions, were created for the purpose of analyzing buildable lands: Sea-Shore; East King County; South King County; and Rural Cities. Eighty six percent of the 1992-2012 growth target is within cities; d. The methodology for the buildable lands analysis is based on the Washington state Department of Community, Trade, and Economic Development's Buildable Lands Program Guidelines, which provided for the deduction of critical areas from the count of buildable lands. Within urban unincorporated King County, critical areas were discounted from the calculation of buildable land supply, even though the King County zoning code allows clustering, or credit, for the unbuildable portion of a parcel when calculating the allowable density of the buildable portion; and e. The 2002 King County Buildable Lands Report affirmed that Urban-designated King County does contain sufficient land capacity to accommodate the population forecasted by the office of financial management, and that the densities being achieved are sufficient to accommodate the remaining household growth target in each of the four subareas. The report further demonstrated that King County is on track with regard to its job targets, and that overall residential urban densities exceed seven dwelling units per acre. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 10870, Section 11, and K.C.C. 21A.02.010 are each hereby amended to read as follows: Title. This title shall be known as the King County Zoning Code((, hereinafter referred to as "this title")). SECTION 2. Ordinance 10870, Section 19, and K.C.C. 21A.02.090 are each hereby amended to read as follows: Administration and review authority. A. The hearing examiner ((shall have authority to)) in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals((, as set forth in K.C.C. 20.42)). B. The director ((shall have the authority to)) may grant, condition or deny applications for variances, ((and)) conditional use permits, ((and)) renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required ((as set forth in)) under K.C.C. ((21A.42)) chapter 20.20, in which case this authority shall be exercised by the ((adjustor)) hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures ((set forth)) in K.C.C. chapter 21A.42. D. Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations ((of)) and adopt public rules to implement this title, ((pursuant to)) in accordance with K.C.C. chapter 2.98. NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. SECTION 4. K.C.C. 21A.24.190, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 5. Ordinance 10870, Section 466, and K.C.C. 21A.24.190 are each hereby amended to read as follows: Alteration. Alteration: ((A))any human activity ((which)) that results or is likely to result in an impact upon the existing condition of a ((sensitive)) critical area ((is an alteration which is subject to specific limitations as specified for each sensitive area)) or its buffer. "Alteration((s))" includes, but ((are)) is not limited to, grading, filling, dredging, ((draining,)) channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity ((which)) that results or is likely to result in an impact to ((existent)) existing vegetation, hydrology, fish or wildlife or ((wildlife)) their habitats. "Alteration((s))" ((do)) does not include passive recreation such as walking, fishing or any other ((passive recreation or other)) similar activities. SECTION 6. Ordinance 10870, Section 54, as amended, and K.C.C. 21A.06.070 are each hereby amended to read as follows: Applicant. Applicant: a property owner ((or)), a public agency or a public or private utility ((which)) that owns a right-of-way or other easement or has been adjudicated the right to such an easement ((pursuant to)) under RCW ((8.12.090)) 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Basement. Basement: for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides. NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Best management practice. Best management practice: a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control. SECTION 12. Ordinance 10870, Section 62, and K.C.C. 21A.06.110 are each hereby repealed. NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. SECTION 14. Ordinance 10870, Section 70, and K.C.C. 21A.06.122 are each hereby amended to read as follows: Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to ((a stream)) and intended to protect and be an integral part of an aquatic area or wetland ((intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem)). NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. NEW SECTION. SECTION 18. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. SECTION 19. Ordinance 11621, Section 20, and K.C.C. 21A.06.182 are each hereby amended to read as follows: Channel ((relocation and stream meander areas)) migration zone. Channel ((relocation and stream meander area)) migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion((,)) and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. SECTION 20. Ordinance 10870, Section 79, and K.C.C. 21A.06.195 are each hereby amended to read as follows: Clearing. Clearing: ((the limbing, pruning, trimming, topping,)) cutting, killing, grubbing or ((removal of)) removing vegetation or other organic plant ((matter)) material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. SECTION 21. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are each hereby amended to read as follows: Coal mine hazard area((s)). Coal mine hazard area((s)): ((those)) an area((s in King County)) underlain or directly affected by operative or abandoned subsurface coal mine workings. ((Based upon a coal mine hazard assessment report prepared pursuant to K.C.C. 21A.24.210, coal mine hazard areas are to be categorized as declassified, moderate, or severe: A. "Declassified" coal mine areas are those for which a risk of catastrophic collapse is not significant and which the hazard assessment report has determined require no special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas may typically include, but are not limited to, areas underlain or directly affected by coal mines at depths greater than three hundred feet as measured from the surface but may often include areas underlain or directly affected by coal mines at depths less than three hundred feet.
B. "Moderate" coal mine hazard areas are those areas that pose significant risks of property damage which can be mitigated by special engineering or architectural recommendations. Moderate coal mine hazard areas may typically include, but are not be limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., the surface of the land) to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one dependent on the inclination of the seam.
C. "Severe" coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas may typically include, but are not be limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sink holes, and other areas of past or significant probability for catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero (i.e., surface of the land) to one hundred fifty feet.))
SECTION 22. K.C.C. 20.70.010, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06. SECTION 23. Ordinance 11481, Section 1, and K.C.C. 20.70.010 are each hereby amended to read as follows: ((Definition.)) Critical aquifer recharge area. Critical aquifer recharge area((s means areas that have been identified as solesource aquifers,)): an area((s)) designated on the critical aquifer recharge area map adopted by K.C.C. 20.70.020 as recodified by this ordinance that ((have)) has a high susceptibility to ground water contamination((,)) or ((areas that have been)) an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved ((pursuant to WAC)) in accordance with chapter 246-290 WAC as a wellhead protection area((s)) for a municipal or district drinking water system((s)), or an area over a sole source aquifer and located on an island surrounded by saltwater. ((Areas with high s))Susceptibility to ground water contamination occurs where ((aquifers are used for drinking water and)) there is a combination of permeable soils, permeable subsurface geology((,)) and ground water close to the ground surface. NEW SECTION. SECTION 24. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E. Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; I. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. SECTION 25. Ordinance 10870, Section 92, and K.C.C. 21A.06.260 are each hereby amended to read as follows: Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare ((and which is)) including, but not limited to, a facility defined under the occupancy categories of "essential facilities,"((,)) "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in the ((Uniform Building Code)) K.C.C. Title 16. Critical facilities also include nursing ((homes)) and personal care facilities, schools, senior citizen assisted housing, public roadway bridges((,)) and sites ((for)) that produce, use or store hazardous substances ((storage or production)) or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. SECTION 26. Ordinance 10870, Section 96, and K.C.C. 21A.06.280 are each hereby amended to read as follows: Department. Department: the King County department of development and environmental services or its successor agency. NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. NEW SECTION. SECTION 30. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.
Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. NEW SECTION. SECTION 33. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. SECTION 34. Ordinance 11621, Section 21, and K.C.C. 21A.06.392 are each hereby amended to read as follows: Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or ((which)) that poses an imminent risk ((to)) of property((,)) damage or personal injury or death as a result of a natural or ((man)) human-made catastrophe, as ((so declared)) determined by the director ((of DDES)). NEW SECTION. SECTION 35. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: A. Civil engineer: an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. SECTION 36. Ordinance 10870, Section 120, and K.C.C. 21A.06.400 are each hereby amended to read as follows: Enhancement. Enhancement: for the purposes of critical area regulation, an action ((which increases)) that improves the processes, structure and functions ((and values of a stream, wetland or other sensitive area or buffer)) of ecosystems and habitats associated with critical areas or their buffers. SECTION 37. Ordinance 10870, Section 122, and K.C.C. 21A.06.410 are each hereby amended to read as follows: Erosion. Erosion: the ((process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow)) wearing away of the ground surface as the result of the movement of wind, water or ice. SECTION 38. Ordinance 10870, Section 123, and K.C.C. 21A.06.415 are each hereby amended to read as follows: Erosion hazard area((s)). Erosion hazard area((s)): ((those)) an area((s in King County)) underlain by soils ((which are)) that is subject to severe erosion when disturbed. ((Such)) These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the ((USDA)) United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources((. These soils include, but are not limited to,)) such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes ((15%)) inclined at fifteen percent or ((steeper)) more: A. The Alderwood gravely sandy loam ("AgD"); B. The Alderwood and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "BeF"); D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). NEW SECTION. SECTION 39. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Expansion. Expansion: the act or process of increasing the size, quantity or scope. NEW SECTION. SECTION 40. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Feasible. Feasible: capable of being done or accomplished. NEW SECTION. SECTION 41. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures. NEW SECTION. SECTION 42. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program. NEW SECTION. SECTION 43. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: FEMA. FEMA: the Federal Emergency Management Agency. SECTION 44. Ordinance 10870, Section 131, and K.C.C. 21A.06.455 are each hereby amended to read as follows: ((Federal Emergency Management Agency ("))FEMA(("))) floodway. ((Federal Emergency Management Agency ("))FEMA(("))) floodway: the channel of the stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. NEW SECTION. SECTION 45. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Fen. Fen: a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation. SECTION 46. Ordinance 10870, Section 134, and K.C.C. 21A.06.470 are each hereby amended to read as follows: Flood fringe, zero-rise. Flood fringe, zero-rise: that portion of the floodplain outside of the zero-rise floodway ((which is covered by floodwaters during the base flood,)). The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water. SECTION 47. Ordinance 10870, Section 135, as amended, and K.C.C. 21A.06.475 are each hereby amended to read as follows: Flood hazard area((s)). Flood hazard area((s)): ((those)) any area((s in King County)) subject to inundation by the base flood ((and those areas subject to)) or risk from channel ((relocation or stream meander)) migration including, but not limited to, ((streams, lakes)) an aquatic area, wetland((s and)) or closed depression((s)). NEW SECTION. SECTION 48. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard boundary map. Flood hazard boundary map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one-hundred-year, flood hazard within a community. NEW SECTION. SECTION 49. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections. SECTION 50. Ordinance 10870, Section 136, as amended, and K.C.C. 21A.06.480 are each hereby amended to read as follows: Flood ((i))Insurance ((r))Rate ((m))Map. Flood ((i))Insurance ((r))Rate ((m))Map: the ((official map on which the Federal Insurance Administration has delineated some areas of flood hazard)) insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. SECTION 51. Ordinance 10870, Section 137, as amended, and K.C.C. 21A.06.485 are each hereby amended to read as follows: Flood ((i))Insurance ((s))Study for King County. Flood ((i))Insurance ((s))Study for King County: the official report provided by ((the Federal Insurance Administration which)) FEMA that includes flood profiles and the Flood Insurance Rate Map. SECTION 52. Ordinance 10870, Section 138, as amended, and K.C.C. 21A.06.490 are each hereby amended to read as follows: Flood protection elevation. Flood protection elevation: an elevation ((which)) that is one foot above the base flood elevation. NEW SECTION. SECTION 53. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. SECTION 54. Ordinance 10870, Section 140, and K.C.C. 21A.06.500 are each hereby amended to read as follows: Floodproofing, dry. Floodproofing, dry: adaptations ((which will)) that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and ((resistant to)) with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including ((the impacts of)) buoyancy. SECTION 55. Ordinance 10870, Section 141, and K.C.C. 21A.06.505 are each hereby amended to read as follows: Floodway, zero-rise. Floodway, zero-rise: the channel of a stream and that portion of the adjoining floodplain ((which)) that is necessary to contain and discharge the base flood flow without any measurable increase in ((flood height)) base flood elevation. A. For the purpose of this definition, ((A)) "measurable increase in base flood ((height)) elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to ((development)) alterations of the topography or any other flow obstructions in the floodplain. ((This definition)) "Zero-rise floodway" is broader than that of the FEMA floodway((,)) but always includes the FEMA floodway. ((The boundaries of the 100 -year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study.)) B. "Zero-rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. NEW SECTION. SECTION 56. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. NEW SECTION. SECTION 57. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. SECTION 58. Ordinance 10870, Section 144, and K.C.C. 21A.06.520 are each hereby amended to read as follows: Forest practice. Forest practice: any ((activity regulated by the Washington Department of Natural Resources in Washington Administrative Code ("WAC") 222 or)) forest practice as defined in RCW 79.06.020 ((for which a forest practice permit is required, together with: A. Fire prevention, detection and suppression; and
B. Slash burning or removal)).
NEW SECTION. SECTION 59. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. SECTION 60. Ordinance 10870, Section 149, and K.C.C. 21A.06.545 are each hereby amended to read as follows: Geologist. Geologist: a person who ((has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience)) holds a current license from the Washington state Geologist Licensing Board. SECTION 61. Ordinance 10870, Section 150, and K.C.C. 21A.06.550 are each hereby repealed. NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. "Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. NEW SECTION. SECTION 63. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle. NEW SECTION. SECTION 64. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. "Fish habitat" includes habitat that is upstream of, or landward of, human-made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. NEW SECTION. SECTION 65. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Historical flood hazard information. Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. SECTION 66. Ordinance 10870, Section 165, and K.C.C. 21A.06.625 are each hereby amended to read as follows: Impervious surface. Impervious surface: ((For purposes of this title, impervious surface shall mean any)) a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools((,)) and areas ((which)) that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas ((and excluding)). "Impervious surface" does not include landscaping((,)) and surface water flow control and water quality treatment facilities((, access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to site features over which the applicant has no control)). NEW SECTION. SECTION 67. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. NEW SECTION. SECTION 68. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. NEW SECTION. SECTION 69. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. SECTION 70. Ordinance 10870, Section 176, and K.C.C. 21A.06.680 are each hereby amended to read as follows: Landslide hazard area((s)). Landslide hazard area((s)): ((those)) an area((s in King County)) subject to severe risk((s)) of landslide((s)), ((including the following)) such as: A. ((Any)) An area with a combination of: 1. Slopes steeper than ((15%)) fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. ((s))Springs or ground water seepage; B. ((Any)) An area ((which)) that has shown movement during the Holocene epoch, which is from ((10,000)) ten thousand years ago to the present, or ((which)) that is underlain by mass wastage debris from that epoch; C. ((Any)) An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. ((Any)) An area ((which)) that shows evidence of or is at risk from snow avalanches; or E. ((Any)) An area located on an alluvial fan, presently ((subject to)) or potentially subject to inundation by debris flows or deposition of stream-transported sediments. NEW SECTION. SECTION 71. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map. NEW SECTION. SECTION 72. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation. NEW SECTION. SECTION 73. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. NEW SECTION. SECTION 74. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Manufactured home. a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" does not include a "recreational vehicle." NEW SECTION. SECTION 75. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map. NEW SECTION. SECTION 76. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. SECTION 77. Ordinance 10870, Section 190, and K.C.C. 21A.06.750 are each hereby amended to read as follows: Mitigation. Mitigation: ((the use of any or all of the following)) an action((s listed in descending order of preference: A. Avoiding the impact by not taking a certain action; B. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive area or buffer;
D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;
E. Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments; and F. Monitoring the impact and taking appropriate corrective measures)) taken to compensate for adverse impacts to the environment resulting from a development activity or alteration.
SECTION 78. Ordinance 11621, Section 26, and K.C.C. 21A.06.751 are each hereby amended to read as follows: Mitigation bank. Mitigation bank: a property that has been protected in perpetuity((,)) and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation((, and/))or enhancement of wetlands((,)) and, in exceptional circumstances, preservation of adjacent wetlands((,)) and wetland buffers((, and/)) or protection of other aquatic or wildlife resources. SECTION 79. Ordinance 10870, Section 198, and K.C.C. 21A.06.790 are each hereby amended to read as follows: Native vegetation. Native vegetation: ((vegetation comprised of)) plant species((, other than noxious weeds, which are )) indigenous to the ((coastal region of the Pacific Northwest and which)) Puget Sound region that reasonably could ((have been)) be expected to naturally occur on the site. SECTION 80. Ordinance 11555, Section 2, as amended, and K.C.C. 21A.06.797 are each hereby amended to read as follows: Net buildable area. ((A.)) Net buildable area: ((shall be)) the "((S))site area" less the following areas: ((1.)) A. Areas within a project site ((which)) that are required to be dedicated for public rights-of-way in excess of sixty feet (((60'))) in width; ((2.)) B. ((Sensitive)) Critical areas and their buffers to the extent they are required by ((King County)) K.C.C. chapter 21A.24 to remain undeveloped; ((3.)) C. Areas required for storm water control facilities other than facilities ((which)) that are completely underground, including, but not limited to, retention((/)) or detention ponds, biofiltration swales and setbacks from such ponds and swales; ((4.)) D. Areas required ((by King County)) to be dedicated or reserved as on-site recreation areas((.)); ((5.)) E. Regional utility corridors; and ((6.)) F. Other areas, excluding setbacks, required ((by King County)) to remain undeveloped. SECTION 81. Ordinance 10870, Section 203, and K.C.C. 21A.06.815 are each hereby amended to read as follows: Noxious weed. Noxious weed: ((any)) a plant ((which)) species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to ((those)) any plant((s)) species listed on the state noxious weed list ((contained)) in ((WAC)) chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. SECTION 82. Ordinance 10870, Section 205, and K.C.C. 21A.06.825 are each hereby amended to read as follows: Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In ((any)) an area where the ordinary high water mark cannot be found, the line of mean high water ((shall substitute)) in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In ((any)) an area where neither can be found, the top of the channel bank ((shall substitute)) is the "ordinary high water mark." In braided channels and alluvial fans, the ordinary high water mark or line of mean high water ((shall be measured so as to)) include the entire water or stream feature. NEW SECTION. SECTION 83. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance rate map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. NEW SECTION. SECTION 84. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Preliminary flood insurance study. Preliminary flood insurance study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. SECTION 85. Ordinance 10870, Section 221, and K.C.C. 21A.06.905 are each hereby repealed. NEW SECTION. SECTION 86. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts. NEW SECTION. SECTION 87. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. NEW SECTION. SECTION 88. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Regional road maintenance guidelines. Regional road maintenance guidelines: the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines. SECTION 89. Ordinance 10870, Section 235, and K.C.C. 21A.06.975 are each hereby repealed. NEW SECTION. SECTION 90. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Repair. Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. NEW SECTION. SECTION 91. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion. SECTION 92. Ordinance 10870, Section 240, and K.C.C. 21A.06.1000 are each hereby amended to read as follows: Restoration. Restoration: ((returning a stream, wetland, other sensitive)) for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer ((to a state in which its stability and functions approach its unaltered state as closely as possible)) that has been altered. NEW SECTION. SECTION 93. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. SECTION 94. Ordinance 10870, Section 243, and K.C.C. 21A.06.1015 are each hereby amended to read as follows: Salmonid. Salmonid: a member of the fish family ((s))Salmonidae, including, but not limited to: A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C. Brown trout; D. Brook, bull trout, which is also known as char, and ((d))Dolly ((v))Varden char; E. Kokanee; and F. Pygmy ((W))whitefish. SECTION 95. Ordinance 10870, Section 249, and K.C.C. 21A.06.1045 are each hereby amended to read as follows: Seismic hazard area((s)). Seismic hazard area((s)): ((those)) an area((s in King County)) subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area((s)) underlain by cohesionless soils of low density and usually in association with a shallow ground water table ((or of other seismically induced settlement)). SECTION 96. Ordinance 10870, Section 253, and K.C.C. 21A.06.1065 are each hereby repealed. NEW SECTION. SECTION 97. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. NEW SECTION. SECTION 98. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. SECTION 99. Ordinance 11555, Section 1, and K.C.C. 21A.06.1172 are each hereby amended to read as follows: Site area. ((A.)) Site area: ((shall be to)) the total horizontal area of a project site((, less the following: 1. Areas below the ordinary high water mark;
2. Areas which are required to be dedicated on the perimeter of a project site for public rights-of-way)).
NEW SECTION. SECTION 100. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. SECTION 101. Ordinance 10870, Section 286, and K.C.C. 21A.06.1230 are each hereby amended to read as follows: Steep slope hazard area((s)). Steep slope hazard area((s)): ((those)) an area((s in King County)) on a slope((s 40%)) of forty percent inclination or ((steeper)) more within a vertical elevation change of at least ten feet. For the purpose of this definition, ((A)) a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also ((F))for the purpose of this definition: A. The "toe" of a slope ((is)) means a distinct topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "toe" of a ((steep)) slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet; and B. The "top" of a slope is a distinct((,)) topographic break in slope ((which)) that separates slopes inclined at less than ((40%)) forty percent from slopes ((40%)) inclined at forty percent or ((steeper)) more. Where no distinct break exists, the "top" of a ((steep)) slope is the upper(( ))most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of ((25)) twenty-five feet. SECTION 102. Ordinance 10870, Section 288, and K.C.C. 21A.06.1240 are each hereby amended to read as follows: Stream((s)). Stream((s)): ((those)) an aquatic area((s in King County)) where surface water((s)) produces a ((defined)) channel ((or bed)), not including ((irrigation ditches, canals, storm or surface water run-off devices or other entirely)) a wholly artificial ((watercourses, unless they are)) channel, unless it is: A. ((u))Used by salmonids; or B. ((are u))Used to convey a stream((s)) that occurred naturally ((occurring prior to)) before construction ((in such watercourses)) of the artificial channel. ((For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport: A. Class 1 streams, only including streams inventoried as "Shorelines of the State" under King County's Shoreline Master Program, K.C.C. Title 25, pursuant to RCW 90.58;
B. Class 2 streams, only including streams smaller than class 1 streams which flow year-round during years of normal rainfall or those which are used by salmonids; and
C. Class 3 streams, only including streams which are intermittent or ephemeral during years of normal rainfall and which are not used by salmonids.))
SECTION 103. Ordinance 10870, Section 293, and K.C.C. 21A.06.1265 are each hereby amended to read as follows: Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. SECTION 104. Ordinance 10870, Section 294, and K.C.C. 21A.06.1270 are each hereby amended to read as follows: Substantial improvement. Substantial improvement: A.1. ((a))Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds ((50)) fifty percent of the market value of the structure either: a. before the ((maintenance,)) improvement or repair((, modification or addition)) is started; or ((before the damage occurred,)) b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. Any alteration of a structure listed on the national Register of Historic Places or a state or local inventory of historic resources. NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. NEW SECTION. SECTION 107. There is hereby added to K.C.C. 21A.06 a new section to read as follows: Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. NEW SECTION. SECTION 108. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Utility corridor. Utility corridor: a narrow strip of land containing underground or above-ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. SECTION 109. Ordinance 10870, Section 310, and K.C.C. 21A.06.1350 are each hereby amended to read as follows: Utility facility. Utility facility: a facility for the distribution or transmission of services ((to an area;)), including((, but not limited to)): A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipal groundwater well-fields; F. Regional ((stormwater management)) surface water flow control and water quality facilities((.)); G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. ((Sewer)) Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. ((Pipes)) Communication cables, electrical wires and associated structural supports. SECTION 110. Ordinance 10870, Section 314, and K.C.C. 21A.06.1370 are each hereby amended to read as follows: Volcanic hazard area((s)). Volcanic hazard area((s)): ((those)) an area((s in King County)) subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron ((M))mudflow. SECTION 111. Ordinance 10870, Section 318, and K.C.C. 21A.06.1390 are each hereby amended to read as follows: Wet meadow((s)), grazed or tilled. Wet meadow((s)), grazed or tilled: ((palustrine)) an emergent wetland((s typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary)) that has grasses, ((spike rushes, bulrushes,)) sedges, ((and)) rushes ((. During the growing season, the soil is often saturated but not covered with water. These meadows have been frequently used for livestock activities)) or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. NEW SECTION. SECTION 112. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or II; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. NEW SECTION. SECTION 113. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. SECTION 114. Ordinance 10870, Section 319, as amended, and K.C.C. 21A.06.1395 are each hereby amended to read as follows: Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the ((1987 US Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995 by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through, and consistent with the May 23, 1994 "Washington Regional Guidance on the 1987 Wetland Delineation Manual" document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual)) wetland delineation manual required by RCW 36.70A.175. NEW SECTION. SECTION 115. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. SECTION 116. Ordinance 10870, Section 320, and K.C.C. 21A.06.1400 are each hereby amended to read as follows: Wetland, forested. Wetland, forested: a wetland ((which)) that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least ((20)) twenty feet tall. SECTION 117. Ordinance 10870, Section 322, as amended, and K.C.C. 21A.06.1410 are each repealed. SECTION 118. K.C.C. 21A.06.1415, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06. SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1415 are each hereby amended to read as follows: Wetland((s)). Wetland((s)): ((those)) an area((s in King County which are)) that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances ((do)) supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. ((Wetlands generally include swamps, marshes, bogs and similar areas, or other artificial features intentionally created to mitigate conversions of wetlands pursuant to wetlands mitigation banking. Wetlands do not include artificial features created from non-wetland areas including, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Where the vegetation has been removed or substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soil, as well as by other documentation, such as aerial photographs, of the previous existence of wetland vegetation. When the areas of any wetlands are hydrologically connected to each other, they shall be added together to determine which of the following categories of wetlands apply: A. Class 1 wetlands, only including wetlands assigned the Unique/Outstanding #1 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. are wetlands which have present species listed by the federal or state government as endangered or threatened or outstanding actual habitat for those species;
2. Are wetlands which have 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation;
3. Are wetlands equal to or greater than ten acres in size and have three or more classes of vegetation, one of which is submerged vegetation in permanent open water; or
4. Are wetlands which have present plant associations of infrequent occurrence;
B. Class 2 wetlands, only including wetlands assigned the Significant #2 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands greater than one acre in size;
2. Are wetlands equal to or less than one acre in size and have three or more classes of vegetation;
3. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have three or more classes of vegetation;
4. Are forested wetlands equal to or less than one acre but larger than 2500 square feet; or
5. Are wetlands which have present heron rookeries or raptor nesting trees; and
C. Class 3 wetlands, only including wetlands assigned the Lesser Concern #3 rating in the 1983 King County Wetlands Inventory or which meet any of the following criteria:
1. Are wetlands equal to or less than one acre in size and have two or fewer classes of vegetation; or
2. Are wetlands which:
a. are located within an area designated "urban" in the King County Comprehensive Plan;
b. are equal to or less than one acre but larger than 2,500 square feet; and
c. have two or fewer classes of vegetation.)) For purposes of this definition:
A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass-lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
Wetland reestablishment: Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. NEW SECTION. SECTION 121. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland rehabilitation: Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. NEW SECTION. SECTION 122. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. NEW SECTION. SECTION 123. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. NEW SECTION. SECTION 124. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. NEW SECTION. SECTION 125. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows: Wildlife habitat network. Wildlife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. SECTION 126. Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows: Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIALZONESRURALURBAN RESERVEURBAN RESIDENTIALSTANDARDSRA-2.5RA-5RA-10RA-20URR-1 (17)R-4R-6R-8R-12R-18R-24R-48Base Density: Dwelling Unit/Acre (15)0.2 du/ac0.2 du/ac0.1 du/ac0.05 du/ac0.2 du/ac (21)1 du/ac4 du/ac (6)6 du/ac8 du/ac12 du/ac18 du/ac24 du/ac48 du/acMaximum Density: Dwelling Unit/Acre (1)0.4 du/ac (20)0.4 du/ac (20)6 du/ac (22)9 du/ac12 du/ac18 du/ac27 du/ac36 du/ac72 du/acMinimum Density: (2)85% (12) (18) (23)85% (12) (18)85% (12) (18)80% (18)75% (18)70% (18)65% (18)Minimum Lot Area (13)1.875 ac3.75 ac7.5 ac15 acMinimum Lot Width (3)135 ft 135 ft 135 ft 135 ft 35 ft (7)35 ft (7)30 ft 30 ft30 ft30 ft30ft30 ft30 ftMinimum Street Setback (3)30 ft (9)30 ft (9)30ft (9)30 ft (9)30 ft (7)20 ft (7)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10 ft (8)10ft (8)10 ft (8)Minimum Interior Setback (3) (16)5 ft (9)10ft (9)10 ft (9)10 ft (9)5 ft (7)5 ft (7)5 ft5 ft5 ft5 ft (10)5 ft (10)5 ft (10)5 ft (10)Base Height (4)40 ft40 ft40 ft40 ft35 ft35 ft35 ft35 ft 45 ft (14)35 ft 45 ft (14)60 ft60 ft 80 ft (14)60 ft 80 ft (14)60 ft 80 ft (14)Maximum Impervious Surface: Percentage (5)25% (11) (19) (25)20% (11) (19) (25)15% (11) (19) (24) (25)12.5% (11) (19) (25)30% (11) (25)30% (11) (25)55% (25)70% (25)75% (25)85% (25)85% (25)85% (25)90% (25) B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero-lot-line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred ((and)) twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. regional uses shall be established at the time of permit review; b. nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone ((shall)) apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain, (2) a critical aquifer recharge area, (3) a Regionally or Locally Significant Resource Area, (4) existing or planned public parks or trails, or connections to such facilities, (5) a ((Class I or II stream)) type S or F aquatic area or category I or II wetland, (6) a steep slope, or (7) an (("greenbelt/))urban separator((")) or (("))wildlife ((corridor" area)) habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from ((sensitive)) critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site (( sensitive)) critical area and buffers((, wildlife habitat networks, required habitat and buffers for protected species)) and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation ((()), with no development of recreational facilities(())), and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808, on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808 by more than ten percent. 25. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. SECTION 127. Ordinance 10870, Section 342, as amended, and K.C.C. 21A.12.050 are each hereby amended to read as follows: Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation((,)) or ((surface water)) flow control or water quality treatment facilities. SECTION 128. Ordinance 10870, Section 345, as amended, and K.C.C. 21A.12.080 are each hereby amended to read as follows: Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density of project floor area ((except as outlined under the provisions of subsection B of this section)). B. ((Submerged lands shall not be credited toward base and maximum density or floor area calculations. C.)) For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down. SECTION 129. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows: Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following ((provisions)) requirements shall be met: A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development((,)) or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways; 5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the tract for forestry or agriculture has been determined by the ((King C))county(( department of natural resources and parks)); b. The subdivider shall prepare a forest management plan, which must be reviewed and approved by the King County department of natural resources and parks, or a farm management (((conservation))) plan, if ((such)) a plan is required ((pursuant to)) under K.C.C. chapter 21A.30, which must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management (((conservation))) plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, which must be managed in accordance with the provisions established in the approved forest management plan or farm management (((conservation))) plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management (((conservation))) plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; ((and)) 8. For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities((.)); and 9. The requirements of subsection B.1., 2. or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for ((environmentally sensitive areas as defined in K.C.C. 21A.06.1065)) critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. ((King County)) The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. SECTION 130. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows: On-site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre ((-)): three hundred inety square feet per unit; 2. Mobile home park ((-)): two hundred sixty square feet per unit; and 3. Apartment, townhouses developed at a density of greater than eight units per acre, and mixed use: a. Studio and one bedroom ((-)): ninety square feet per unit; b. Two bedrooms - one hundred seventy square feet per unit; and c. Three or more bedrooms ((-)): one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, ((())except trail segments(())); 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. In single detached or townhouse subdivisions, if the required outdoor recreation space exceeds five thousand square feet, have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the outdoor recreation space is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi((-))purpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, which includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b. sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director((.)); 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The ((stormwater facilities)) drainage facility shall be constructed to meet the following conditions: a. The side slope of the ((stormwater facilities)) drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The ((stormwater facilities)) drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The ((stormwater facilities)) drainage facility shall be designed so they do not require fencing ((pursuant to)) under the King County Surface Water Design Manual. G. ((For of joint use of)) When the tract is a joint use tract for ((stormwater facilities)) a drainage facility and recreation space, King County is responsible for maintenance of the ((stormwater facilities)) drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including ((stormwater facilities)) drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met. 2. If engineering plans indicate that the on-site ((stormwater facilities)) drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A will be met. SECTION 131. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are each hereby amended to read as follows: Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 36.70A RCW, Washington ((S))state Environmental Policy Act, ((RCW)) chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect ((defined sensitive)) functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and ((its)) their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts ((on environmentally sensitive areas)) to critical areas, by regulating alterations in or near ((sensitive)) critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and ((streams)) aquatic areas; F. Measuring the quantity and quality of wetland and ((stream)) aquatic area resources and preventing overall net loss of wetland and ((stream)) aquatic area functions; G. Protecting the public trust as to navigable waters, ((and)) aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of ((sensitive)) critical areas; and J. Providing county officials with sufficient information to protect ((sensitive)) critical areas. SECTION 132. Ordinance 10870, Section 449, and K.C.C. 21A.24.020 are each hereby amended to read as follows: Applicability. A. ((The provisions of t))This chapter ((shall apply)) applies to all land uses in King County, and all persons within the county shall comply with ((the requirements of)) this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ((assuring)) ensuring compliance with ((the requirements of)) this chapter. C. Approval of a development proposal ((pursuant to the provisions of)) in accordance with this chapter does not discharge the obligation of the applicant to comply with ((the provisions of)) this chapter. D. When ((any provision of)) any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, ((that)) the provision ((which)) that provides more protection to environmentally ((sensitive)) critical areas ((shall)) apply unless specifically provided otherwise in this chapter or unless ((such)) the provision conflicts with federal or state laws or regulations. E. ((The provisions of t))This chapter ((shall apply)) applies to all forest practices over which the county has jurisdiction ((pursuant to RCW)) under chapter 76.09 RCW and ((WAC)) Title 222 WAC. SECTION 133. Ordinance 10870, Section 450, and K.C.C. 21A.24.030 are each hereby amended to read as follows: Appeals. ((Any)) An applicant may appeal a decision to approve, condition or deny a development proposal based on ((the requirements of)) K.C.C. chapter 21A.24 ((may be appealed)) according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. SECTION 134. Ordinance 10870, Section 451, and K.C.C. 21A.24.040 are each hereby amended to read as follows: ((Sensitive)) Critical areas rules. Applicable departments within King County are authorized to adopt, ((pursuant to)) in accordance with K.C.C. chapter 2.98, such ((administrative)) public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. SECTION 135. Ordinance 10870, Section 452, as amended, and K.C.C. 21A.24.050 are each hereby repealed. SECTION 136. Ordinance 10870, Section 453, and K.C.C. 21A.24.060 are each hereby repealed: NEW SECTION. SECTION 137. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows: Allowed alterations of critical areas. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7. Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. KEYLetter "A" in a cell means LSWAWalteration is allowedAOTAEBQBCIANVENTUUUHLNA number in a cell means theDEEDLFAFADDcorresponding numberedSRPAFTFNLcondition in subsection D. appliesLBNEIENINI40%SUDRCREFE"Wildlife area and network"DLFLETcolumn applies to both EAOFAAAWWildlife Habitat ConservationNPENRNMAOArea and Wildlife Habitat NetworkHDERDEDIRRAAGEKZBHSRAAUAAEARFZNVTDFADEIERROACTIVITYRDENStructures Construction of new single detached dwelling unitA 1A 2Construction of nonresidential structure A 3A 3A 3, 4Maintenance or repair of existing structureA 5AA A A 4Expansion or replacement of existing structureA 5, 7A 5, 7A 7, 8A 6, 7, 8A 4, 7Interior remodelingAAAAA Construction of new dock or pierA 9A 9, 10, 11Maintenance, repair or replacement of dock or pierA 12A 10, 11A 4GradingGradingA 13A 14A 4, 14Construction of new slope stabilizationA 15A 15A 15A 15A 4, 15Maintenance of existing slope stabilizationA 16A 13A 17A 16, 17A 4Mineral extractionA A ClearingClearing A 18A 18, 19A 18, 20A 14, 18, 20A 4, 14, 18, 20Cutting firewood A 21A 21A 21A 4, 21Removal of vegetation for fire safetyA 22A 22A 4, 22Removal of noxious weeds or invasive vegetationA 23A 23A 23A 23A 4, 23Forest PracticesNonconversion Class IV-G forest practiceA 24A 24A 24A 24A 24, 25Class I, II, III, IV-S forest practiceAAAAARoadsConstruction of new public road right-of-way structure on unimproved right-of-wayA 26A 26Maintenance of public road right-of-way structureA 16A 16A 16A 16A 16, 27 Expansion beyond public road right-of way structureA A A 26A 26Repair, replacement or modification within the roadwayA 16A 16A 16A 16A 16, 27 Construction of driveway or private access roadA 28A 28A 28A 28A 28Construction of farm field access driveA 29A 29A 29A 29A 29Maintenance of driveway, private access road or farm field access driveA A A 17A 17A 17, 27Bridges or culvertsMaintenance or repair of bridge or culvert A 16, 17A 16, 17A 16, 17A 16, 17A 16, 17, 27Replacement of bridge or culvertA 16A 16A 16A 16, 30A 16, 27Expansion of bridge or culvertA A A 31A 31A 4Utilities and other infrastructureConstruction of new utility corridor or utility facilityA 32, 33A 32, 33A 32, 34A 32, 34A 27, 32, 35Maintenance, repair or replacement of utility corridor or utility facilityA 32, 33A 32, 33A 32, 34, 36 A 32, 34, 36A 4, 32, 37Maintenance or repair of existing wellA 37A 37A 37A 37A 4, 37Maintenance or repair of on-site sewage disposal systemAcell AAA 37A 4Construction of new surface water conveyance system A 33A 33A 38A 32, 39A 4Maintenance, repair or replacement of existing surface water conveyance system A 33A 33 A 16, 32, 39A 16, 40, 41 A 4, 37Construction of new surface water flow control or surface water quality treatment facilityA 32A 32A 4, 32Maintenance or repair of existing surface water flow control or surface water quality treatment facilityA 16A 16A 16A 16A 4Construction of new flood protection facilityA 42A 42A 27, 42Maintenance, repair or replacement of flood protection facility A 33, 43A 33, 43A 43A 43A 27, 43Construction of new instream structure or instream workA 16A 16A 16A 16, 44, 45A 4, 16, 44, 45Maintenance or repair of existing instream structure A 16A A A A 4Recreation areasConstruction of new trailA 46A 46A 47A 47A 4, 47Maintenance of outdoor public park facility, trail or publicly improved recreation area A 48A 48A 48A 48A 4, 48Habitat and science projectsHabitat restoration or enhancement project A 49A 49A 49A 49A 4, 49Scientific sampling for salmonidsA 50A 50A 50Drilling and testing for critical areas reportA 51A 51A 51, 52A 51, 52A 4Agriculture Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity A 53A 53A 53, 54A 53, 54A 53, 54Grazing livestockA 53A 53A 53, 54A 53, 54A 53, 54Construction or maintenance of livestock manure storage facilityA 53, 54, 55A 53, 54, 55, 56A 53, 54Construction or maintenance of livestock flood sanctuaryA A 56Construction of agricultural drainageA 57A 57A 4, 57Maintenance of agricultural drainage A 58A 58A 53, 54, 5853, 54, 58A 4, 53, 54, 58Construction or maintenance of farm pond, fish pond or livestock watering pondA 53A 53A 53, 54A 53, 54A 53, 54Other Excavation of cemetery graves in established and approved cemeteryAAAAA Maintenance of cemetery graves A A A A A Maintenance of lawn, landscaping or gardening for personal consumptionA 59A 59A 59A 59A 59Maintenance of golf course |
A 17 |
A 17 |
A 17 |
A 17 |
A 4, 17 |
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D. The following alteration conditions apply:
1. Limited to farm residences in grazed or tilled wet meadows and subject to the limitations of subsection D.3. of this section.
2. Allowed in a buffer of a lake that is twenty acres or larger on a lot that was created before the effective date of this section if:
a. at least seventy-five percent of the lots abutting the shoreline of the lake or seventy-five percent of the lake frontage, whichever constitutes the most developable lake frontage, has existing density of four dwelling units per acre or more;
b. the development proposal, including mitigation required by this chapter, will have the least adverse impact on the critical area;
c. existing native vegetation within the critical area buffer will remain undisturbed except as necessary to accommodate the development proposal and required building setbacks;
d. access is located to have the least adverse impact on the critical area and critical area buffer;
e. the alteration is the minimum necessary to accommodate the development proposal and in no case in excess of a development footprint of five thousand square feet;
f. the alteration does not exceed the residential development setbacks required under K.C.C. chapter 25.04 and in no circumstances shall the alteration be allowed closer than:
(1) twenty-five feet of the ordinary high water mark of a lake shoreline designated urban under K.C.C. chapter 25.16;
(2) fifty feet of the ordinary high water mark of a lake shoreline designated rural under K.C.C. chapter 25.20 or conservancy under K.C.C. chapter 25.24; or
(3) one hundred feet of the ordinary high water mark of a lake shoreline designated natural under K.C.C. chapter 25.28; and
g. to the maximum extent practical, alteration are mitigated on the development proposal site by enhancing or restoring remaining critical area buffers.
3. Limited to nonresidential farm-structures in grazed or tilled wet meadows or buffers of wetlands or aquatic areas where:
a. the site is predominantly used for the practice of agriculture;
b. the structure is in compliance with an approved farm management plan in accordance with section 138 of this ordinance;
c. the structure is either:
(1) on or adjacent to existing nonresidential impervious surface areas, additional impervious surface area is not created waterward of any existing impervious surface areas and the area was not used for crop production;
(2) higher in elevation and no closer to the critical area than its existing position; or
(3) at a location away from existing impervious surface areas that is determined to be the optimum site in the farm management plan;
d. all best management practices associated with the structure specified in the farm management plan are installed and maintained;
e. installation of fencing in accordance with K.C.C. chapter 21A.30 does not require the development of a farm management plan if required best management practices are followed and the installation does not require clearing of critical areas or their buffers; and
f. in a severe channel migration hazard area portion of an aquatic buffer only if:
(1) there is no feasible alternative location on-site;
(2) the structure is located where it is least subject to risk from channel migration;
(3) the structure is not used to house animals or store hazardous substances; and
(4) the total footprint of all accessory structures within the severe channel migration hazard area will not exceed the greater of one thousand square feet or two percent of the severe channel migration hazard area on the site.
5. Allowed for structures when:
a. the landslide hazard poses little or no risk of injury;
b. the risk of landsliding is low; and
c. there is not an expansion of the structure.
6. Within a severe channel migration hazard area allowed for:
a. existing primary structures if:
(1) there is not an increase of the footprint of any existing structure; and
(2) there is not a substantial improvement as defined in K.C.C. 21A.06.1270; and
b. existing accessory structures if:
(1) additions to the footprint will not make the total footprint of all existing structures more than one-thousand square feet; and
(2) there is not an expansion of the footprint towards any source of channel migration hazard, unless the applicant demonstrates that the location is less subject to risk and has less impact on the critical area.
7. Allowed only in grazed wet meadows or the buffer or building setback outside a severe channel migration hazard area if:
a. the expansion or replacement does not increase the footprint of a nonresidential structure;
b.(1) for a dwelling unit, the expansion or replacement, including any expansion of an accessory structure allowed under this subsection B.7.b., does not increase the footprint of the dwelling unit and all other structures by more than one thousand square feet;
(2) for a structure accessory to a dwelling unit, the expansion or replacement is located on or adjacent to existing impervious surface areas and does not increase the footprint of the accessory structure and the dwelling unit by more than one thousand square feet; and
(3) the location of the expansion has the lease adverse impact on the critical area;
c. the structure was not established as the result of a variance, buffer averaging or reasonable use exception; and
d. to the maximum extent practical, the expansion or replacement is not located closer to the critical area or within the relic of a channel that can be connected to an aquatic area.
8. Allowed upon another portion of an existing impervious surface outside a severe channel migration hazard area if:
a. the structure is not located closer to the critical area; and
b. the existing impervious surface within the critical area or buffer is not expanded.
9. Limited to seasonal floating docks or piers in a category II, III or IV wetland or its buffer or along a lake shoreline or its buffer where:
a. the existing and zoned density of all properties abutting the entire lake shoreline averages three dwelling units per acre or more;
b. at least seventy-five percent of the lots abutting the shoreline or seventy-five percent of the lake frontage, whichever constitutes the most lake frontage, has been developed with dwelling units;
c. there is not any significant vegetation where the alteration is proposed and the loss of vegetation was not the result of any violation of law;
d. the wetland or lake shoreline is not a salmonid spawning area; and
e. hazardous substances or toxic materials are not used.
10. Allowed on type N or O aquatic areas if hazardous substances or toxic materials are not used.
11. Allowed on type S or F aquatic areas outside of the severe channel migration hazard area if in compliance with K.C.C. Title 25.
12. When located on a lake, must be in compliance with K.C.C. Title 25.
13. Limited to regrading and stabilizing of a slope formed as a result of a legal grading activity.
14. The following are allowed in the severe channel migration hazard area if conducted more than one-hundred and sixty-five feet from the ordinary high water mark in the rural area and one-hundred and fifteen feet from the ordinary high water mark in the urban area:
a. grading of up to fifty cubic yards on lot less than five acres; and
b. clearing of up to one-thousand square feet or up to a cumulative thirty-five percent of the severe channel migration hazard area.
15. Only where erosion or landsliding threatens a structure, utility facility, roadway, driveway, public trails, aquatic area or wetland if, to the maximum extent practical, stabilization work does not disturb the slope and its vegetative cover and any associated critical areas.
16. Allowed when performed by, at the direction of or authorized by a government agency in accordance with regional road maintenance guidelines.
17. Allowed when not performed under the direction of a government agency only if:
a. the maintenance does not involve the use of herbicides, hazardous substances, sealants or other liquid oily substances in aquatic areas, wetlands or their buffers; and
b. when maintenance or replacement of bridges or culverts involves water used by salmonids:
(1) the work is in compliance with ditch standards in public rule; and
(2) the maintenance of culverts is limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged bank or channel immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet.
18. Allowed for the removal of hazard trees and vegetation as necessary for surveying or testing purposes.
19. The limited trimming and pruning of vegetation for the making and maintenance of views if the soils are not disturbed and the activity will not adversely affect the long term stability of the slope, erosion or water quality.
20. Harvesting of plants and plant materials, such as plugs, stakes, seeds or fruits, for restoration and enhancement projects is allowed.
21. Cutting of firewood is subject to the following:
a. within a wildlife habitat conservation area, cutting firewood is not allowed;
b. within a wildlife network, cutting shall be in accordance with a management plan approved under K.C.C. 21A.14.270, as recodified by this ordinance; and
c. within a critical area buffer, cutting shall be for personal use and in accordance with an approved forest management plan or rural stewardship plan.
22. Allowed only in buffers if in accordance with best management practices approved by the King County fire marshal.
23. Allowed as follows:
a. if conducted in accordance with an approved forest management plan, farm management plan, or rural stewardship plan; or
. b. without an approved forest management plan, farm management plan or rural stewardship plan, only if:
(1) removal is undertaken with hand labor, including hand-held mechanical tools, unless the King County noxious weed control board otherwise prescribes the use of riding mowers, light mechanical cultivating equipment or herbicides or biological control methods;
(2) the area is stabilized to avoid regrowth or regeneration of noxious weeds;
(3) the cleared area is revegetated with native or noninvasive vegetation and stabilized against erosion; and
(4) herbicide use is in accordance with federal and state law;
24. Only if in accordance with chapter 76.09 RCW and Title 222 WAC and:
a. a forest management plan is approved for the site by the King County department of natural resources and parks; and
b. the property owner provides a notice of intent in accordance with RCW 76.09.060 that the site will not be converted to nonforestry uses within six years.
25. Only if in compliance with published Washington state Department of Fish and Wildlife and Washington state Department of Natural Resources Management standards for the species. If there are no published Washington state standards, only if in compliance with management standards determined by the county to be consistent with best available science.
26. Allowed only if:
a. there is not another feasible location with less adverse impact on the critical area and its buffer;
b. the corridor is not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site.
c. the corridor width is minimized to the maximum extent practical;
d. the construction occurs during approved periods for instream work; and
e. the corridor will not change or diminish the overall aquatic area flow peaks, duration or volume or the flood storage capacity.
27. To the maximum extent practical, during breeding season established under section 198 of this ordinance, land clearing machinery such as bulldozers, graders or other heavy equipment are not operated within a wildlife habitat conservation area.
28. Allowed only if:
a. an alternative access is not available;
b. impact to the critical area is minimized to the maximum extent practical including the use of walls to limit the amount of cut and fill necessary;
c. the risk associated with landslide and erosion is minimized;
d. access is located where it is least subject to risk from channel migration; and
e. construction occurs during approved periods for instream work.
29. Only if in compliance with a farm management plan in accordance with section 138 of this ordinance.
30. Allowed only if:
a. the replacement is made fish passable in accordance with the most recent Washington state Department of Fish and Wildlife manuals or with the National Marine and Fisheries Services guidelines for federally listed salmonid species; and
b. the site is restored with appropriate native vegetation.
31. Allowed if necessary to bring the bridge or culvert up to current standards and if:
a. there is not another feasible alternative available with less impact on the aquatic area and its buffer; and
b. to the maximum extent practical, the bridge or culvert is located to minimize impacts to the aquatic area and its buffer's.
32. Allowed in an existing roadway if conducted consistent with the regional road maintenance guidelines.
a. the alterations will not subject the critical area to an increased risk of landslide or erosion;
b. vegetation removal is the minimum necessary to locate the utility or construct the corridor; and
c. significant risk of personal injury is eliminated or minimized in the landslide hazard area.
34. Limited to the pipelines, cables, wires and support structures of utility facilities within utility corridors if:
a. there is no alternative location with less adverse impact on the critical area and critical area buffer;
b. new utility corridors meet the all of the following to the maximum extent practical:
(1) are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site;
(2) the mean annual flow rate is less than twenty cubic feet per second; and
(3) paralleling the channel or following a down-valley route near the channel is avoided;
c. to the maximum extent practical utility corridors are located so that:
(1) the width is the minimized;
(2) the removal of trees greater than twelve inches diameter at breast height is minimized;
d. to the maximum extent practical, access for maintenance is at limited access points into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary the following standards are met:
(1) to the maximum extent practical the width of the maintenance road is minimized and in no event greater than fifteen feet; and
(2) the location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area;
e. the utility corridor or facility will not adversely impact the overall critical area hydrology or diminish flood storage capacity;
f. the construction occurs during approved periods for instream work;
g. the utility corridor serves multiple purposes and properties to the maximum extent practical;
h. bridges or other construction techniques that do not disturb the critical areas are used to the maximum extent practical;
i. bored, drilled or other trenchless crossing is laterally constructed at least four feet below the maximum depth of scour for the base flood;
j. bridge piers or abutments for bridge crossing are not placed within the FEMA floodway or the ordinary high water mark;
k. open trenching is only used during low flow periods or only within aquatic areas when they are dry. The department may approve open trenching of type S or F aquatic areas only if there is not a feasible alternative and equivalent or greater environmental protection can be achieved; and
l. minor communication facilities may collocate on existing utility facilities if:
(1) no new transmission support structure is required; and
(2) equipment cabinets are located on the transmission support structure.
35. Allowed only for new utility facilities in existing utility corridors.
36. Allowed for private individual utility service connections on site or to public utilities if the disturbed area is not expanded and no hazardous substances, pesticides or fertilizers are applied.
37. Allowed if the disturbed area is not expanded, clearing is limited to the maximum extent practical and no hazardous substances, pesticides or fertilizers are applied.
38. Allowed if conveying the surface water into the wetland buffer and discharging into the wetland buffer or at the wetland edge has less adverse impact upon the wetland or wetland buffer than if the surface water were discharged at the buffer's edge and allowed to naturally drain through the buffer.
39. Allowed if constructed only with vegetation.
40. Allowed for an open, vegetated stormwater management conveyance system and outfall structure that simulates natural conditions if:
a. fish habitat features necessary for feeding, cover and reproduction are included when appropriate;
b. vegetation is maintained and added adjacent to all open channels and ponds, if necessary to prevent erosion, filter out sediments or shade the water; and
c. bioengineering techniques are used to the maximum extent practical.
41. Allowed for a closed, tightlined conveyance system and outfall structure if:
a. necessary to avoid erosion of slopes; and
b. bioengineering techniques are used to the maximum extent practical.
42. Allowed in a severe channel migration hazard area portion of an aquatic area buffer to prevent bank erosion only:
a. if consistent with Washington state Integrated Stream Protection Guidelines and if bioengineering techniques are used to the maximum extent practical, unless the applicant demonstrates that other methods provide equivalent structural stabilization and environmental function; and
b. to prevent bank erosion for the protection of:
(1) public roadways;
(2) sole access routes in existence before February 16, 1995; or
(3) new primary dwelling units, accessory dwelling units or accessory living quarters and residential accessory structures located outside the severe channel migration hazard area if:
(a) the site is adjacent to or abutted by properties on both sides containing buildings or sole access routes protected by legal bank stabilization in existence before February 16, 1995. The buildings, sole access routes or bank stabilization must be located no more than six hundred feet apart as measured parallel to the migrating channel; and
(b) the new primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures are located no closer to the aquatic area than existing primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures on abutting or adjacent properties.
43. Applies to lawfully established existing structures if:
a. maintained by a public agency;
b. the height of the facility is not increased;
c. the linear length of the affected edge of the facility is not increased;
d. the footprint of the facility is not expanded waterward;
e. consistent with King County's Guidelines for Bank Stabilization Projects (King County Surface Water Management 1993) and bioengineering techniques are used to the maximum extent practical; and
f. the site is restored with appropriate native vegetation.
44. Allowed in type N and O aquatic areas if done in least impacting way at least impacting time of year, in conformance with applicable best management practices, and all affected instream and buffer features are restored.
45. Allowed in a type S or F water when such work is:
a. included as part of a project to evaluate, restore or improve habitat, and
b. sponsored or cosponsored by a public agency that has natural resource management as a function or by a federally recognized tribe.
46. Allowed as long as the trail is not constructed of impervious surfaces that will contribute to surface water run-off, unless the construction is necessary for soil stabilization or soil erosion prevention or unless the trail system is specifically designed and intended to be accessible to handicapped persons.
47. Not allowed in a wildlife habitat conservation area. Otherwise, allowed as far landward as feasible in the buffer if
a. the trail surface is not made of impervious materials, except that public multipurpose trails may be made of impervious materials if they meet all the requirements in K.C.C. chapter 9.12; and
b. to the maximum extent practical, buffers are expanded equal to the width of the trail corridor including disturbed areas.
48. Only if the maintenance:
a. does not involve the use of herbicides or other hazardous substances except for the removal of noxious weeds or invasive vegetation;
b. when salmonids are present, the maintenance is in compliance with ditch standards in public rule; and
c. does not involve any expansion of the roadway, lawn, landscaping, ditch, culvert, engineered slope or other improved area being maintained.
49. Limited to:
a. projects sponsored or cosponsored by a public agency that has natural resource management as a primary function or by a federally recognized tribe;
b. restoration and enhancement plans prepared by a qualified biologist; or
c. conducted in accordance with an approved forest management plan, farm management plan or rural stewardship plan.
50. Allowed in accordance with a scientific sampling permit issued by Washington state Department of Fish and Wildlife or an incidental take permit issued under Section 10 of the Endangered Species Act.
51. Allowed for the limited clearing and grading needed to prepare critical area reports.
52. The following are allowed if associated spoils are contained:
a. data collection and research if carried out to the maximum extent practical by nonmechanical or hand-held equipment;
b. survey monument placement;
c. site exploration and gage installation if performed in accordance with state-approved sampling protocols and accomplished to the maximum extent practical by hand-held equipment and; or similar work associated with an incidental take permit issued under Section 10 or consultation under Section 7 of the Endangered Species Act.
53. Limited to activities in continuous existence since the effective date of this section with no expansion within the critical area or critical area buffer. "Continuous existence" includes cyclical operations and managed periods of soil restoration, enhancement or other fallow states associated with these horticultural and agricultural activities.
54. Allowed for expansion of existing or new agricultural activities where:
a. the site is predominantly involved in the practice of agriculture;
b. there is no expansion into an area that:
(1) has been cleared under a class I, II, III, IV-S or nonconversion IV-G forest practice permit; or
(2) is more than ten thousand square feet with tree cover at a uniform density more than ninety trees per acre and with the predominant mainstream diameter of the trees at least four inches diameter at breast height, not including areas that are actively managed as agricultural crops for pulpwood, Christmas trees or ornamental nursery stock;
c. the activities are in compliance with an approved farm management plan in accordance with section 138 of this ordinance; and
d. all best management practices associated with the activities specified in the farm management plan are installed and maintained.
55. Only allowed in grazed or tilled wet meadows or their buffers if:
a. the facilities are designed to the standards of an approved farm management plan in accordance with section 138 of this ordinance or an approved livestock management plan in accordance with K.C.C. chapter 21A.30;
b. there is not a feasible alternative location available on the site; and
c. the facilities are located close to the outside edge of the buffer to the maximum extent practical.
56. Allowed in a severe channel migration hazard area portion of an aquatic area buffer if:
a. the facilities are designed to the standards in an approved farm management plan in accordance with section 138 of this ordinance;
b. there is not a feasible alternative location available on the site; and
c. the structure is located where it is least subject to risk from channel migration.
57. Allowed for new agricultural drainage in compliance with an approved farm management plan in accordance with section 138 of this ordinance and all best management practices associated with the activities specified in the farm management plan are installed and maintained.
58. If the agricultural drainage is used by salmonids, maintenance shall be in compliance with an approved farm management plan in accordance with section 138 of this ordinance.
NEW SECTION. SECTION 138. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:
Agricultural activities development standards.
A. The alterations identified in section 137 of this ordinance for agricultural activities are allowed to expand within the buffers of wetlands, aquatic areas and wildlife habitat conservation areas, when an agricultural activity is currently occurring on the site and the alteration is in compliance with an approved farm management plan in accordance with this section or, for livestock activities, a farm management plan in accordance with K.C.C. chapter 21A.30.
B. This section does not modify any requirement that the property owner obtain permits for activities covered by the farm management plan.
C. The department of natural resources and parks or its designee shall serve as the single point of contact for King County in providing information on farm management plans for purposes of this title. The department of natural resources and parks shall adopt a public rule governing the development of farm management plans. The rule may provide for different types of farms management plans related to different kinds of agricultural activities, including, but not limited to the best management practices for dairy nutrient management, livestock management, horticulture management, site development and agricultural drainage.
D. A property owner or applicant seeking to use the process to allow alterations in critical area buffers shall develop a farm management plan based on the following goals, which are listed in order of priority:
1. To maintain the productive agricultural land base and economic viability of agriculture on the site;
2. To maintain, restore or enhance critical areas to the maximum extent practical in accordance with the site specific goals of the landowner;
3. To the maximum extent practical in accordance with the site specific goals of the landowner, maintain and enhance natural hydrologic systems on the site;
4. To use federal, state and local best management practices and best available science for farm management to achieve the goals of the farm management plan; and
5. To monitor the effectiveness of best management practices and implement additional practices through adaptive management to achieve the goals of the farm management plan.
E. The property owner or applicant may develop the farm management plan as part of a program offered or approved by King County. The plan shall include, but is not limited to, the following elements:
1. A site inventory identifying critical areas, structures, cleared and forested areas, and other significant features on the site;
2. Site-specific performance standards and best management practices to maintain, restore or enhance critical areas and their buffers and maintain and enhance native vegetation on the site including the best management practices for the installation and maintenance of farm field access drives and agricultural drainages;
3. A plan for future changes to any existing structures or for any changes to the landscape that involve clearing or grading;
4. A plan for implementation of performance standards and best management practices;
5. A plan for monitoring the effectiveness of measures taken to protect critical areas and their buffers and to modify the farm management plan if adverse impacts occur; and
6. Documentation of compliance with flood compensatory storage and flood conveyance in accordance with K.C.C. 21A.24.240.
F. A farm management plan is not effective until approved by the county. Before approval, the county may conduct a site inspection, which may be through a program offered or approved by King County, to verify that the plan is reasonably likely to accomplish the goals in subsection D. of this section.
G. Once approved, activities carried out in compliance with the approved farm management plan shall be deemed in compliance with this chapter. In the event of a potential code enforcement action, the department of development and environmental services shall first inform the department of natural resources and parks of the activity. Prior to taking code enforcement action, the department of development and environmental services shall consult with the department of natural resources and parks and the King Conservation District to determine whether the activity is consistent with the farm management plan.
NEW SECTION. SECTION 139. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:
Rural stewardship plans.
A. On a site zoned RA, the department may approve a modification of the minimum buffer widths for aquatic areas, wetlands and wildlife habitat conservation areas and maximum clearing restrictions through a rural stewardship plan in accordance with this section.
B. The property owner or applicant shall develop the rural stewardship plan as part of a rural stewardship program offered or approved by King County and has the option of incorporating a county-approved farm management or a county-approved forest stewardship plan.
C. In its evaluation of any proposed modification, the department shall consider the following factors:
1. The existing condition of the drainage basin or marine shoreline as designated on the Basin and Shoreline Conditions Map;
2. The existing condition of wetland and aquatic area buffers;
3. The existing condition of wetland functions based on the adopted Washington State Wetland Rating System for Western Washington, Washington state department of ecology publication number 04-06-025, published August 2004;
4. The location of the site in the drainage basin; and
5. The percentage of impervious surfaces and clearing on the site.
D. A rural stewardship plan does not modify the requirement for permits for activities covered by the rural stewardship plan.
E. Modifications of critical area buffers shall be based on the following prioritized goals:
1. To avoid impacts to critical areas to the maximum extent practical;
2. To avoid impacts to the higher quality wetland or aquatic area or the more protected fish or wildlife species, if there is a potential to affect more than one category of wetland or aquatic area or more than one species of native fish or wildlife;
3. To maintain or enhance the natural hydrologic systems on the site to the maximum extent practical;
4. To maintain, restore or enhance native vegetation;
6. To minimize habitat fragmentation and enhance corridors between wetlands, riparian corridors, wildlife habitat conservation areas and other priority habitats;
7. To minimize the impacts of development over time by implementing best management practices and meeting performance standards during the life of the development; and
8. To monitor the effectiveness of the stewardship practices and implement additional practices through adaptive management to maintain, restore or enhance critical area functions when necessary.
F. A rural stewardship plan may include, but is not limited to, the following elements:
1. Critical areas designation under K.C.C. 21A.24.500;
2. Identification of structures, cleared and forested areas and other significant features on the site;
3. Location of wetlands and aquatic areas and their buffers, and wildlife habitat;
4. Site-specific best management practices;
5. Planned changes to any existing structures or for other changes to the site that involve clearing or grading;
6. A schedule for implementation of the elements of the rural stewardship plan; and
7. A plan for monitoring the effectiveness of measures approved under the rural stewardship plan and to modify if adverse impacts occur.
G. A rural stewardship plan may be developed as part of a program offered or approved by King County and shall include a site inspection by the county to verify that the plan is reasonably likely to accomplish the goals in subsection E. of this section to protect water quality, reduce flooding and erosion, maintain, restore or enhance the function and value of critical areas and their buffers and maintain or enhance native vegetation on the site of this section.
H. A property owner who completes a rural stewardship plan that is approved by the county may be eligible for tax benefits under the public benefit rating system in accordance with K.C.C. 20.36.100.
I. If a property owner withdraws from the rural stewardship plan, in addition to any applicable penalties under the public benefit rating system, the following apply:
1. Mitigation is required for any structures constructed in critical area buffers under the rural stewardship plan; and
2. The property owner shall apply for buffer averaging or an alteration exception, as appropriate, to permit any structure or use that has been established under the rural stewardship plan and that would not otherwise be permitted under this chapter.
J. A rural stewardship plan is not effective until approved by the county. Before approval, the county may conduct a site inspection, which may be through a program offered or approved by King County, to verify that the plan is reasonably likely to accomplish the goals in subsection E. of this section.
K. Once approved, activities carried out in compliance with the approved rural stewardship plan shall be deemed in compliance with this chapter. In the event of a potential code enforcement action, the department of development and environmental services shall first inform the department of natural resources and parks of the activity. Prior to taking code enforcement action, the department of development and environmental services shall consult with the department of natural resources and parks to determine whether the activity is consistent with the rural stewardship plan.
NEW SECTION. SECTION 140. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:
Public rules for rural stewardship and farm management plans.
A. The King County Council recognizes that rural stewardship plans and farm management plans are key elements of this chapter that provide flexibility to rural area residents to establish and maintain a rural lifestyle that includes activities such as farming and forestry while maintaining and enhancing rural character and environmental quality.
B. The department of natural resources and parks and department of development and environmental services shall adopt public rules to implement sections 138 and 139 of this ordinance relating to rural stewardship plans and farm management plans, consistent with the provisions of this section. The rules shall not compromise the King Conservation District's mandate or standards for farm management planning.
C. County departments or approved agencies shall provide technical assistance and resources to landowners to assist them in preparing the plans. The technical assistance shall include, but is not limited to, web-based information, instructional manuals and classroom workshops. When possible, the assistance shall be provided at little or no cost to landowners. In addition, the department of natural resources and parks shall develop, in consultation as necessary with the department of development and environmental services and the King Conservation District, and make available to the public, model farm management, forest management and rural stewardship plans illustrating examples of plan application content, drawings and site plans, to assist landowners in their development of site-specific plans for their property.
D. The department of natural resources and parks is the primary county agency responsible for rural stewardship plans and farm management plans that are filed with the county under this chapter. The department of natural resources and parks shall consult with the department of development and environmental services in carrying out its responsibilities under this chapter relating to rural stewardship plans and farm management plans. The department of natural resources and parks, department of development and environmental services and the King Conservation District may enter into agreements to carry out the provisions of this chapter relating to rural stewardship plans and farm management plans.
E. Not later than March 1, 2005, the department of natural resources and parks and department of development and environmental services shall prepare and submit to the chair of the growth management and unincorporated areas committee, or its successor, a report summarizing the public rules adopted to implement the provisions of this chapter related to farm management plans and rural stewardship plans and how the rules implement the requirements of this section.
F. The department of natural resources and parks and department of development and environmental services shall monitor and evaluate the effectiveness of rural stewardship and farm management plans in meeting the goals and objectives of those plans established in this chapter. Beginning Year2006March 31, 2006, the departments shall present an annual report to the 1
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