Chapter 19.150 CRITICAL AREAS ADMINISTRATION

Chapter 19.150
CRITICAL AREAS ADMINISTRATION¹

Sections:

19.150.010 Administration.

19.150.020 Maps adopted.

19.150.030 Basis for determination.

19.150.040 Reasonable use of the subject property.

19.150.060 Bonds.

19.150.070 Dedication.

19.150.080 Exemptions.

19.150.010 Administration.

(1) Except as otherwise established in this division, if a proposed development activity requires approval through process I, II, III, or IV, this division will be implemented and enforced as part of that process.

(2) If subsection (1) of this section does not apply, any determination of the director of community development may be appealed as provided for in process IV of this title.

(Ord. No. 09-594, § 153, 1-6-09; Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.30(1)), 12-17-91; Ord. No. 91-105, § 4(80.30(1)), 8-20-91; Ord. No. 90-43, § 2(80.30(1)), 2-27-90. Code 2001 § 22-1241.)

19.150.020 Maps adopted.

The city hereby adopts the June 19, 1999, city of Federal Way final wetland inventory report, to show the locations of certain regulated wetlands in the city. The city hereby adopts the Lakehaven utility district wellhead one-, five-, and 10-year capture zone maps, as now existing or amended.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.30(2)), 12-17-91; Ord. No. 91-105, § 4(80.30(2)), 8-20-91; Ord. No. 90-43, § 2(80.30(2)), 2-27-90. Code 2001 § 22-1242.)

19.150.030 Basis for determination.

The determinations regarding whether the subject property is regulated under this division, as well as the extent and nature of the regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the city as well as other information and mapping provided by or through the applicant. The city may require the applicant, at the applicant’s expense, to provide any information, mapping, studies, materials, inspections or reviews that are reasonably necessary to implement this division and to require that such information, studies, mapping, materials, inspections and reviews be provided or performed by a qualified professional acceptable to the city. Other provisions of this division detail other information and inspections that may be required in some instances.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.30(3)), 12-17-91; Ord. No. 91-105, § 4(80.30(3)), 8-20-91; Ord. No. 90-43, § 2(80.30(3)), 2-27-90. Code 2001 § 22-1243.)

19.150.040 Reasonable use of the subject property.

(1) The provisions of this section establish a mechanism whereby the provisions of this division may be modified or waived on a case-by-case basis if their implementation would deprive an applicant of all reasonable use of the subject property.

(2) An applicant may apply for a modification or waiver of the provisions of this division using process IV; except, that applications for projects on single-family residential lots platted prior to the incorporation of the city may use process III.

(3) The city may approve a modification or waiver of the requirements of this division on a case-by-case basis based on the following criteria:

(a) The application of the provisions of this division eliminates all reasonable use of the subject property.

(b) It is solely the implementation of this division, and not other factors, which precludes all reasonable use of the subject property.

(c) The applicant has in no way created or exacerbated the condition which forms the limitation on the use of the subject property, nor in any way contributed to such limitation.

(d) The knowledge of the applicant of limitations on the subject property when he or she acquired the subject property.

(e) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property.

(4) If the city grants a request under this section, it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property, considering the factors described in subsections (3)(a) through (e) of this section. The city may impose any limitations, conditions and restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 99-353, § 3, 11-16-99; Ord. No. 91-123, § 3(80.35), 12-17-91; Ord. No. 91-105, § 4(80.35), 8-20-91; Ord. No. 90-43, § 2(80.35), 2-27-90. Code 2001 § 22-1244.)

19.150.060 Bonds.

The city may require a bond under Chapter 19.25 FWRC to ensure compliance with any aspect of this division.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.45), 12-17-91; Ord. No. 91-105, § 4(80.45), 8-20-91; Ord. No. 90-43, § 2(80.45), 2-27-90. Code 2001 § 22-1246.)

19.150.070 Dedication.

The city may require the applicant to dedicate development rights or an open space easement to the city to ensure protection of steep slopes, wells, streams, regulated lakes and regulated wetlands and other areas within the jurisdiction of this division.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.50), 12-17-91; Ord. No. 91-105, § 4(80.50), 8-20-91; Ord. No. 90-43, § 2(80.50), 2-27-90. Code 2001 § 22-1247.)

19.150.080 Exemptions.

The following activities are exempt from the provisions of this division:

(1) Emergencies that, in the opinion of the director of community development, threaten the public health, safety and welfare;

(2) Normal and routine maintenance and repair of the following facilities, for which a maintenance plan has been approved by the public works director:

(a) Existing drainage ditches; provided, however, that this exception shall not apply to any ditches used by salmonids other than to permit free migration of salmonids to their spawning grounds;

(b) Surface water facilities; provided, that such activities shall not involve conversion of any regulated wetland not currently being used for such activity;

The maintenance plan may be designed to address individual facilities or facility components, area-wide facilities or city-wide systems. The maintenance plan shall identify the nature of the potential maintenance or repair activities, specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair activities, and process for contacting or notifying the city of pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may require that an appropriate bond or security be maintained with the city to ensure restoration of disturbed areas.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-105, § 4(80.37), 8-20-91. Code 2001 § 22-1248.)

Cross reference: City government, FWRC Title 2.