HomeMy WebLinkAboutCDN 2019-09-10 Item 2B - Binder - Critical Areas Code UpdatePage 1 of 44
CHAPTER 18.45 ENVIRONMENTALLY -EIII •S-IIITRSV-III--A •EACIRIIITIICAIII,,. AREAS
Sections:
18.45.010 Purpose
18.45.020 Best Available Science
18.45.030 per sttiive. Ci iiitiicall Area Applicability, Maps and Inventories
18.45.040 .Sen&t#veCl iit;licgll„ Areas Special Studies
18.45.050 Interpretation
18.45.060 Procedures
18.45.070 Se•r€ttiiveCriitiicall Area Permitted Uses
......................................
18.45.080 Wetlands Designations, Ratings and Buffers
18.45.090 Wetland Alterations and Mitigation
18.45.100 Watercourse Designations, Ratings and Buffers
18.45.110 Watercourse Alterations and Mitigation
18.45.120 Areas of Potential Geologic Instability Designations, Ratings and Buffers
18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation
18.45.140 Abandoned Mine Areas
18.45.150 Fish and Wildlife Habitat Conservation Areas —
Designation, Mapping, Uses and Standards
18.45.155 Special Hazard ['load Areas
1 t .4 a.1 ate Ve°station Protection and Man a° ement
18.45.160 Sef s# ve l ii.;licgll„ Area Master Plan Overlay
18.45.170 Sersttiive.CriitJicall Areas Tracts and Easements
......................................
18.45.180 Exceptions
18.45.190 Appeals
18.45.195 Enforcement and Penalties
18.45.200 Recording Required
18.45.210 Assurance Device
18.45.220 Assessment Relief
18.45.10 Purpose
A. The purpose of TMC Chapter 18.45 is to protect the environment, human life and property;.to designate and
classify ecologically serWtkiit,iiw cl iiitiiicgll areas including but not limited toss regulated wetlands and watercourses
and geologically hazardous areas and to protect these critical, areas and their functions while also allowing for
reasonable use of public and private property. These regulations are prepared to comply with the Growth Management
Act, RCW 36.70A, to apply best available science according to WAC 365-195-900 through 925 and to protect critical
areas as defined by WAC 365-190-080.
B. Standards are hereby established to meet the following goals of protecting environmentally seerriitiiiicall
areas:
1. Minimize developmental impacts on the natural functions of these areas.
2. Protect quantity and quality of water resources.
3. Minimize turbidity and pollution of wetlands and fish- bearing waters and maintain wildlife habitat.
4. Prevent erosion and the loss of slope and soil stability caused by the removal of trees, shrubs, and root
systems of vegetative cover.
5. Protect the public against avoidable losses, public emergency rescue and relief operations cost, and
subsidy cost of public mitigation from landslide, subsidence, erosion and flooding.
6. Protect the community's aesthetic resources and
distinctive features of natural lands and wooded hillsides.
7. Balance the private rights of individual property owners with the preservation of environmentally
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serwsiitiiver iit,licall areas.
8. Prevent the loss of wetland and watercourse function and acreage, and strive for a gain over present
conditions.
9. Give special consideration to conservation or protection measures necessary to protect or enhance
ana-- dromousfisheries.
10. Incorporate the use of best available science in the regulation and protection of seefeattmegi, lif;licgll„ areas
as required by the State Growth Management Act, according to WAC 365-195-900 through 365-195-925 and WAC
365-190-080.
(Ord. 2301 §l (pang), 2010)
18.45.20 Best Available Science
A. Policies, regulations and decisions concerning ser=wsttiiveg iilicgll, areas shall rely on best available science to
protect the functions of these areas and must give special consideration to conservation or protection measures
necessary to preserve or enhance anadromous fish and their habitats.
B. Nonscientific information may supplement scientific information, but is not an adequate substitution
for valid and available scientific information.
C. Incomplete or unavailable scientific information leading to uncertainty for permitting serwiitiiclii,flicall„ area
impacts may require application of effective adaptive management on a case by case basis. Adaptive management
relies on scientific methods to evaluate how well regulatory or non -regulatory actions protect seRFAivgci iif;licgll, areas
or replace their functions.
(Ord. 2301 §1(pang), 20/0)
18.45.30 SerwItiveCriticall Area Applicability, Maps, and Inventories
A. APPLICABILITY —The provisions of TMC Chapter 18.45 shall apply to all land uses and all development activities
in a .sen4Itivegillical, area or a serwsttiiveci„li;licall, area buffer as defined in the "Definitions" chapter of this title. The
provisions of TMC Chapter apply whether or not a permit or authorization is required within the City of Tukwila. No
person, company, agency, or applicant shall alter a sentAiive l'ji 'jicg,ll area or buffer except as consistent with the
purposes and requirements of TMC Chapter 18.45. The following are se•r=wsi4 vegi„li.'jicall areas regulated by TMC
Chapter 18.45:
1. Coal....Mine ....IHazard Area.
2. Areas of potential geologic instability: Class 2, 3, 4 areas (as defined in the Definitions chapter of
this title and TMC 18.45.120.A);
3. Wetlands;
4. Watercourses;
Fish and i i e Habitat Conservation reas, arud
5 6. Special Hazard Rood Areas. MC 16.52 for additional re ° i.lations
Ix=------------IE The Growth Management Act also identifies---are•gse•Rally-----t a c ec ....a.1e.a.aand...-®areas of seismic instability as
critical areas.
GB. Reg..µ aRiiarff.leverr Rwg eeg+.µerwtll.y....tt - rfed...a.rea. .re....toµ.rwd....w...:::II::: G........CNwatpter....:. i:......II::::.teed..Areas of
seismic instability are defined and regulated through the Washington State Building Code. ,ee:.m..
land—weter-Her .vc� etatieR e t^ nstrd.acf er strve re .....i+ preve w =rt r er ee� serwsttivgcri i, ......E
least' t....firs rwg :altarwr , w e....reg-64eme ats# wa-pte
f::)................AppFay..a.l....ef......a....pe.the--pFay..si rs t .€ .......€ k:wa}
the....0-41-eras..e:t....T ,aC Chah
t....between................s>Whflen TMC Chapter 18.45.and ........ny other laws, regulations, ordinances
(,, In the event of a conflict between tt�oi�
car restrictive covenants the gprovision which imposes greater restrictions or higher standards upon the
es riot rolease
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development or use of land#k4nd
IP,.�shoUprevnii
l F—.D ����48��p8�0D0y�TO6UES
1. The distribution ofmany areas and 1,, q!g�!Ial critical areas Tukwila isdisplayed onthe
Areas Maps, onfile with the Department ofCommunity Development /DCD>.These
maps are based on site assessment of current conditions and review of the best available scientific data
and are hereby adopted bvreference.
absence of a CiJtJca�l area 01, CiJtJca�l area buffer based on the defn�tjons ni th�s code� A, f, licant is also
�g�2L)onsllble, [or delineation and categorization 0fpotential wetland based on 0eth0d0|0Q
under FMC 18.45.80 and verif and location is consistent with rK
18,45,100,
2. Studies, preliminary inventories and ratings of potential are on file with the
Department ofCommunity Development.
3. Aenew environmental information related to a as becomes available, the Director
is hereby designated to periodically add new information to the
ApaeMnpe. Removal ofany information from the maps ienType 1decision.
ef&iW4 �149r+lat&i e 4lethel, &ens4aie)asrac44W ex-W &n e
'
1
948F4�4&
(Ord. 2301 §1(part)^2010)
18.45.40 Special Studies
A. Application �qAn on�uivo��npp|icnntfoxndovo|opmontpmpoen|that may include
n and/or its bu�erehoUsubmit those studies nerequired bythe City and epoc�od
below tondoqunto|yidont��and evaluate the and its bu�em.
1. Aroquirod study ehoUboproponadbvnperson with experience and training
in the scientific discipline appropriate for the relevant in accordance
withVVAC 305'195'9O5/4\ A qualified professional must have obtained n B.G. or B.A. or equivalent dognao in
ecology orrelated science, nvironmental studies, fisheries, geotechnical or related field, and two years
ofrelated work experience.
n. Aqun|ifiod professional for Fish and Wildlife Habitat Conservation Areas must have n dognao in
ecology or related sciences and professional experience related tothe subject species.
b. Aqualified professional for wetland studies must bonco��od
Pn�oeeionn|VVoUondScientist orn VVoUondGciontietwith ntleast two years offull-time
work experience as a wetlands professional, including delineating wetlands using the �dom|
manual' preparing wetland reports, conducting functional neeoeemonte' and
developing nndimp|omontingmitigation plans.
c. A qualified professional for n geological hazard study must be n professional gootochnico|
engineer as defined in the Definitions chapter of this title, licensed in the state of Washington.
U. A qualified professional for watercourses means n hydrologist,
ng|noororother scientist vvithexperience inpreparing woto�oumoassessments.
2 ' Tho study shall use scientifically valid methods and studies in the nnn|yeie
of data and shall use field reconnaissance and reference the source of science used. The
study shall evaluate the proposal and all probable impacts t0 s.,,
in MC
B. Wetland and Watercourse Studies. The
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1. The name and contact information of the applicant, a description of the proposal, and identification
of the permit requested;
2. A copy of the site plan for the development proposal showing: sensrtiive--areaac!,li ;Bellaeas and buffers
and the development proposal with dimensions, clearing limits, proposed storm water management plan, and
mitigation plan for impacts due to drainage alterations;
3. The dates, names and qualifications of the persons preparing the study and documentation of any
fieldwork performed on the site;
4, Identification and characterization of all sea~ws iive .aieacliif;licalll areas, water bodies, and buffers ®hpc1
adjacent to the proposed project
6;4, area or potentially impacted by the proposed project as described in the following sections:
a. Characterization of wetlands must include:
(1) A wetland delineation report that includes methods used, field indicators evaluated and the
results. Wetland delineation must be performed in accordance with approved federal wetland delineation manual and
c_l.,a.r..r..e..n..t.....applicable regional supplements. Field data forms are to be included in the report. Data collection points
are to be shown on the site plan with their corresponding numbers indicated. After the City of Tukwila confirms the
boundaries, they are to be professionally surveyed to the nearest square foot and the site plan modified as necessary
to incorporate the survey data. Exact wetland acreage will be calculated after the boundaries have been surveyed.
.p..p..cant.._must :...:submit ...electronic ....s!ur✓e.Y.data .....!n....Alatocd..,....1......p.r...similar ....format ....at...the...tJl:!e....of...:s.....uilt:...subnr submittal.
(2) Cowardin (Classification of Wetlands and Deepwater Habitats of the U.S. — U.S. Department
of Interior) classification of the wetland(s).
(3) Hydrogeomorphic classification of the wetland(s).
(4) Hydroperiod.
(5) Brief landscape assessment of the wetland (identify hydrologic basin/sub-basin; inlets,
outlets; surrounding land use; habitat quality and connectivity; ultimate point of discharge; presence of culverts
or other constraints to flow; relationship to other wetlands/watercourses adjacent to or potentially impacted by the
proposed project).
(6) Description of buffer size per this chapter, conditions (topographic considerations, existing
vegetation types and density, habitat features, watercourse edges, presence of invasive species, etc.) and
functions.
) ..........f a wo onat---assessment. For proposed wetland filling or proposed projects that will impact
buffers the Washington Wetland Classification System 12014 or most cuurrent) shall be used as a functional
assessment.
.....................
: ...............Clar i(ie atio u..............ef...............a:.t. ,.............. ...w.alaf4 tiidef
...t:. .wi.d.a'a.s Fa.a:.i.ra ...s stem;
b. Characterization of the watercourses on site:- adjacent..tp.x........ ,--
r.... oterit'jiallll.......li.ii...pc .............tt:...
p.l oggsed....f?.l p. p'ct...te....t,.e..... e....must include:
(1) Description of: flow regime, physical characteristics of streambed, banks, dimensions and
bank -full width, stream gradient, stream and buffer vegetation conditions, habitat conditions, and existing
modifications.
(2) Brief landscape assessment of the watercourse (identify hydrologic basin/sub-basin, and
contributing basin area acreage, outlets, surrounding land use, habitat quality and connectivity, ultimate point of
discharge, presence of culverts or other constraints to flow, presence of man-made or natural barriers to fish
passage, relationship to wetlands or other watercourses adjacent to or potentially impacted by the proposed project,
flow regime).
(3) Classification of the watercourse under Tukwila's rating system.
(4) Description of buffer size per this chapter, conditions (topographic considerations, existing
vegetation types
Page 5 of 44
and density, habitat features, watercourse edges, presence of invasive species, etc.) and functions.
(5) Description of habitat conditions, wildlife/fish use of the watercourse, including sensitive,
threatened or endangered species.
c. Citation of any literature or other resources utilized in preparation of the report.
7,5. A statement specifying the accuracy of the study and assumptions used in the study.
8;6. Determination of the degree of hazard and risk from the proposal both on the site and on adjacent
properties.
9,7. An assessment of the probable cumulative impacts to seas t'ive areac call) areas, their buffers and
other properties resulting from the proposal.
8. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize and
mitigate impacts to soffAve-afeacrteall areas.
44.9PIans for adequate mitigation to offset any impacts.
42,10. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and
bonding measures.
.1...1..:....Any technical information required by the Director to assist in determining compliance with this
48,12. Wetland and Watercourse ecii al° ste.0re valllid for Clive ears tollllovk the date of the sti.ud
9.0.V..
C. GEOTECHNICAL REPORT-
1. A geotechnical report appropriate both to the site conditions and the proposed development shall be
required for development in Class 2, Class 3, Class 4 areas, and any areas identified as Coal Mine Hazard Areas,,
unto&s-miiived-puf&dant...te-...TMG-Section...44.45,04G4iii,
2. Geotechnical reports for Class 2 areas shall include at a minimum a site evaluation review of available
information regarding the site and a surface reconnaissance of the site and adjacent areas,,,,,,,,pqt e n tli pll ll..y....li...!..p p ct e d....by
thi.2 pi gpq,sed pi oCe,ct. Subsurface exploration of site conditions is at the discretion of the geotechnical consultant.
3. Geotechnical reports for Class 3, Class 4 and Coal Mine Hazard Areas shall include a site evaluation
review of available information about the site, a surface reconnaissance of the site andadjacent acent areas,,,,,,pptpat'jipllll..y.
jii p..291;pd by_ hp p!„opgspd p!„pjpcC;, a feasibility analysis for the use of infiltration on -site and a subsurface exploration
of soils and hydrology conditions. Detailed slope stability analysis shall be done if the geotechnical engineer
recommends it in Class 3 or Coal Mine Hazard Areas, and must be done in Class 4 areas.
4. Applicants shall retain a geotechnical engineer to prepare the reports and evaluations required in
this subsection. The geotechnical report and completed site evaluation checklist shall be prepared in accordance
with the generally accepted geotechnical practices, under the supervision of and signed and stamped by the
geotechnical engineer. The report shall be prepared in consultation with the Community Development and Public
Works Departments.
5. The opinions and recommendations contained in the report shall be supported by field observations
and, where appropriate or applicable, by literature review conducted by the geotechnical engineer which shall
include appropriate explorations, such as borings or test pits, and an analysis of soil characteristics conducted by
or under the supervision of the engineer in accordance with standards of the American Society of Testing and
Materials or other applicable standards. If the evaluation involves geologic evaluations or interpretations, the report
shall be reviewed and approved by a geotechnical engineer.
D. SEd =1 1 E--AR&4CR!T!CA LmE STUDY- MODIFICATIONS TO REQUIREMENTS —
;The Director may limit the required geographic area of the sen iittve-afeaci iiitiiicalaea study
as appropriate if
Cft=he applicant, with assistance from the City, cannot obtain permission to access properties adjacent to the
project area;. -or,,,
.........:: 6pescd activity will 3fie n-y aFt....af....ttu , 4' e-,
2,The Director may allow modifications to the required contents of the study where, in the judgment of a
qualified professional, more or less information is required to adequately address the potential ser=wsiit,iive
afeacrThcall...areaa impacts and required mitigation.
Page 6 of 44
..+vE;-ar{Sc'i.....c�}�°. �. a eay tp �e i::)+rectGr...+f hcltc
;4e.d...a•n i-delineated..or-the-Qrdina ku ter dark �C WI lfl� s been
4eterm+r , ° ate
cif-tk s....ekfl.atiter:
a.......................................................:: he-cl ss-ift .....and....toe, t aric;s-
the.......p roposed........develepment or.... act on will-- avc d---I--impacts to tk�e sensit+vezafea s).
:, flare ts---st.t nt-t 1. evtdene ;--tkuere will --be no ; i+ ental irnr�aet....te-the sensitive reps c
and thet...tk , d reg+irc per to afi
.1.v el-
REVIEW OF STUDIES - The Department of Community Development will review and verify_the information
submitted in the sens4t,live-----areaciiiitliicalll area study to...veri y the -information, to confirm the nature and type of the
serkfvit,uve--areaciut,ura aroajar," „ . censisten4.I.2 2 IPubl!c....Works .....Department
sl•oall seek a ppeer review of the ° eoteclhnical report on Class 3 and 4 slopes; and peer review on Class.. slopes may
be required at the discretion of the 11Public Works (Director. 11Peer review of the ° eotechnicaI reports sl•oall be at the
expense nse of the aDAcants. f=or all other critical areas and aAt the discretion of the Director, oensltiive--areaci iiflicalll area
studies may undergo peer review, at the expense of the applicant. (RI 2368 § 47, 2012; Orc1A 2301 §1(pang) 2010)
-GTE
....&4 a-:Q-a0 ..............prnterpiretatieru
µ:. ,.......p. ::T:l:u Cl t:uNN.....fie.......N ,lrf.......tc .....1, e.......� rho- rwui .r......i�,. . w.FFI`erits:
�.�:.u.....t re��....u.i=�terpretataieu-
ap.
....ceristrae,- .t:e....serve.... re,...p.a..urpese.d-..............
.460611 1::7re.
I8114e-ah-.gip
lar�
a eRE4ve....&re:
is identified, the fo
warren
fiau.urs
f:3
p6
irme. ....the....ltwe-yc
el
owing procedure: apply: The Director
eg+.ui
ebservo sonsitt
ru
t: Fhe applicant sb€
4.8,45
f:l...............I1.....is-4ratendcd the
the' esa-1
I.
proposal Thiel.. i.nr es
reeide
t:)istr+et-oha fate
G--iDenlL t nse er deve
fa
f:::l............... reconstn.
a
site-.
.y.
.l.n aceer Vie... e.
vo boon cer i
s-oceotw....aurea
3emp, ,
s.s-tk o Director-Hran
a sensitive
+ie.Ei .....e.ntry....iu.pe.n..pr
u.c-preperetico to observe critical aria
-fa
new ros id c nt is l s u bdiv+s+en or nl i. 1pple faar +ly--reoi
ercourso or-i.td 1944....e.n.....t.t, a.y........apply for-a....p, a..nned-
nlefament-
te.r..
ment: A nse-er d
e-tt at -mete
e--m+nimi
afaf #cant s.paec
oct.H4 .d....
l�alistq u
f�.
ill
o4terr
Page 7 of 44
site
on}ecr imz|on}a-aH�
vo rmenepmy
K. "P ' nnois| i
18.45.70 Permitted
A.
Y�flas�nS A, tOg
Ubect
to the provisions of TMC Chapter 21.04 and of the mitigation requirements of Tl:,'(
1�--Maintenance and repair of existing ***�+-an*-faci|itioe provided no alteration or additional fill
materials will be
�
�_
-11. olacodorheavy construction equipment used inthe or buffer.
4—,alte ex.j.,�.l.gL2!1on or research that does not include use of heayy
�mO[���
6-.3. Maintenance and repair of oeeontio| streets, mode' rights —of —way, or utilities
�4�Act|onetoromodythoo�ecteofomorgoncioethotthreaten the public health, safety orwelfare.
5. Maintenance activities of existing landscaping and gardens in n buffer
including, but not |imitod' to mmwing |ovvne' wmoding' homoeting nnd rop|onting of gnrdon cmpe and pruning and
planting ofvegetation. removal ofestablished native trees and shrubs
k"O�)OFFR!Ht��-excavatlo Illn'i and construction of new landsc oln'i features such as concrete w s and
__
. ........... F.1'.1.e i,! s e o f h e rb.1 -,.1. e b a licensed contractor with certification as needed from the Washin, n
gyand the VVaGhin riSU|tUre is
B. PERMITTED SUBJECT TOADMINISTRATIVE REVIEW. The following ueoe may
bopermitted only after administrative review and approval bythe Director:
1. Maintenance and repair ofexisting uses nndtoci|itioewhere alteration oradditional fill materials will
Uoplacod-_orhoovyconetructionoquipmontueo
2. Novveu�ocowater discharges to ortheir buffemhnmdetention facilities, pre -
settlement ponds orothoreu�acowntormonngomontetructuroe moy be allowed provided that the discharge meets
the clean water standards of RCW 90.48 and WAC 173.200 and 173.201 as amended, and does not adversely affect
Water quality monitoring may b8
required oencondition ofuse.
3. Construction of 1.3bioswales and dispersion are the only storm water facilities allowed in
wetland or watercourse buffers. Water quality monitoring may be required as a condition of use
4. Enhancement or other mitigation including landscaping with native plants
2qUipment:.
Page 8 of 44
5. Construction or maintenance of Essential Utilities if designedtz
a,
ip
,,Pns4jv-P—a-rea,rA al and itebuffp*
protect the and its buffer against erosion,
uncontrolled storm water, restriction ofgroundwater movement, e|idoe' pollution, habitat disturbance,
any |oee of flood carrying capacity and storage capacity, and excavation or fill detrimental to the
environment.
'mane
Dlo°|
must bn
6. Construction or maintenance of Essential Public Streets, Roads and Rights -of -Way g�! �p -in d b
8. ' roads a
��designednnd maintained toprevent erosion and avoid restricting the natural movement ofgroundwater.
to conform tothe topography eothat minimum alteration of natural conditions is necessary. The number
ofcrossings shall be limited to those necessary to provide essential access.
Ar e. constructed in a way that does not adversely affect the hydrologic quality of the wetland or watercourse and/or
its buffer. Where feasible, crossings must allow for combination with other essential utilities.
fle
7. Public/Private Use and Access
,
11
'
*C R appropriato
*o QiroAar, and pm*i-dad
|��
���
n. Public and private nccoee ehoU be limited to trails, boardwalks, covered or uncovered viewing
and eooUng nreoe' footbridges only if necessary for nccoee to other areas of the pmporty, and displays (such as
interpretive eignogoorkioeke), and must be located in areas that have the lowest sensitivity to human disturbance
or alteration. Access features shall be the minimum dimensions necessary to avoid adverse impacts to the &eFrL4t1'1VP1
.Tmi|eehoUbonovvidorthan 5feet and are only nUovwedinthe outer ofthe buffer,
except for allowed w8U8Od or stream C0SSiOgS. f or propoS�4-w-ot|
to w
L,t'
Crossings and trails
must be designed to avoid ndvomo impacts to functions. The Director may require
mechanisms to limit or control public nccoee when environmental conditions warrant (such as temporary trail
closures during wildlife breeding season ormigration eooeon\
b. Public access must be specifically developed for interpretive, educational or research purposes by,
or in cooperation with, the City or as part of the adopted Tukwila Parks and Open Space Plan. Private footbridges
are allowed only for access across n that bisects the property.
c. Nomotorized vehicle ieallowed within n orits buffer except nerequired
for necessary maintenance, agricultural management orsecurity.
d. Any public access or interpretive displays developed along a a+'ea.c)'J�Ij�..c..a..J� a.1'.e. a. and its buffer
Page 9 of 44
must, to the extent possible, be connected with a park, recreation or open -space area.
e. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary
to protect serwsiit:iive--areaclriif'jicall areas and their buffers by limiting access to designated public use or interpretive areas.
f. Access trails and footbridges must incorporate design features and materials that protect water
quality and allow adequate surface water and groundwater movement. Trails must be built of permeable materials.
g. Access trails and footbridges must be located where they do not disturb nesting, breeding and
rearing areas and must be designed so that sensitive plant and critical wildlife species are protected. Trails and
footbridges must be placed so as to not cause erosion or sedimentation, destabilization of watercourse banks,
interference with fish passage or significant removal of native vegetation. Footbridges must be anchored to prevent
their movement due to water level or flow fluctuations. Any work in the wetland or stream below the OHWM will
require additional federal and state permits.
8. Dredging,Digging or Fillip rma occur witlhin a critical area or its bi.uffer onl with tl�e ,aerrmission of tl�e
Director provided it meets mitigation seouencina reoi.uirements and is npermitted under FMC 18,45,90
(alteration of wetland IIMC 18.45.110 alteration of wcatercoi.urske.,...or.......MC 18,45 100....(areas of
geologic ...instabilityil. lf;)rc dgirqu', di a q or fitliinq sloall only be permitted for flood control, improving water
gi.uaIity and habitat enhancement unless otherwise permitted by....this chapter,
Rira a -sons' rv, acrVirgi.....a r 1t-b+iffcr mcay.0witnet e
i-R than water. 1:
e.
I. tte.d......b,
•eee.m.e.nt.....or rosteratier1-of -la
............
44 .1 yetem-katereFetat-lenTeed.
f good contrei er w
{......e.X:i.r
peFeeses:
s....4:45
ei.arse
raco with on—eppreved -na+ti fatiee-pia-n
cfer-tai .e.n....b,.y ....i.n,..eeepe
quality coratrels, for normal
. a.....a.r,::. i.
crt e medete perform kat�: a
eerrrp ef.....construeti.ert-thcarc o caffceteaf-
d+rhg tea plowafiafa +ae hector, aed.... pFek+de
from awe arelc, l
aed....by....0:ic-- terRe
;enaen.....ira-ae>eerdar� ,
serieitFve areae4tiea1 aroa-l:}ea
,aati
IL-
::IGMC Sceti
erfferra to tl pFee dyer
n r�er �at-wi a+nin size nt t-len
innt�act.e�e":>ser�-:
are oppropriotc grade,
nal Soo+et.y. e�-Arlaerlsts rr
ro.ro
....f..€ 34 is rogi.ai
p eparcld and
(Oral'. 2301 §1 (pa rt}, 2(t` 01
.ire
e.m........a
m#tod +ape.... reeeivi+ --'a
ase0a01e.... s , , *eeptiee
:eyed f.arkdcr-tka, , of
A. A llicaruts shalll° demonstrate that reasoruablle efforts have been examitrued with the itruterut to avoid arud naitruitnaitze
MI.acts to criitiicall areas arud criitiicall area buffers. When are alteration to a crtttltcall area or its re i.ultred buffer its ro osed
si.uch allteratitoru shalt he avoltded naitruitmit/ed or com ensated for itru the follllowitru order of icfereruce:
Page 10 of 44
18.45.80 Wetlands Designations, Ratings and Buffers
A. NETLAN0DESIGNATIONS.
1. For the purposes of TMC Chapter 18.45, "wetlands" and "regulated wetlands" are
defined in the Definitions chapter of this title. A wetland boundary is the line delineating the outer edge of a wetland
established
.
2. Wetland determinations and delineation of wetland boundaries shall be made by a qualified professional,
as described inTMCSection 18.45.040.
dro|ngic function~ (rcducing p
Q.,.
Wvidingh3
B. NETLA0DRATI0G8-
Washington, (Washington State Department of
14
rgc flood
_ _'__' '_- ,_-'_- --'___`_','_-__'-___— -_9'-'_1
Page 11 of 44
'
��("auSe 1�' ^
C NETLAN0BUFFERS -
-5-.1. The purpose of
the buffer area shall be to protect the integrity and functions of the wetland area. Any land alteration must be located
out of the buffer areas as required by this section. Welland buffers are intended in general to:
n. Minimize long-term impacts of development on properties containing wetlands;
b. Protect wetlands from ndvomo impacts during development;
c. Preserve the edge ofthe wetland and its buffer for its critical habitat value;
U. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight
variation of aquatic system boundaries over time duo to hydrologic or climatic effects;
o. Reduce erosion and increased surface water runoff;
[ Reduce loss ofordamage toproperty;
g. Intercept fine sediments from surface water runoff and serve tominimize water quality impacts; and
h. Protect the from human and domestic animal disturbances.
��/
/) feet 194#fvf
Page 12 of 44
Ca.
Wetiand buffer icil.th ft , Ec ,„,.. Z.11.114 Uh' h-intensily _land use i Last
i abilat
c re
S.
i abilat
sc.re
<6
i abilat
sc.re
®'
i abilatsc re
6-7
Habitat.
sc ue
Habtat sc.re
Standard
Buffer
1:?:a.21021e....
11311figt..11.,
pact
Standard
Buffer
....................................
erS.112E0ate Buffer
rripact
rninirrli7ation
a:12252[25......t822
6NJ.2 buffer is
Lep...lanted.„........
Also,100 fg.g.i.,
yg" et,K1
corridor
..................................................
between
.........................................................
wetland and
...........................................................................
g..n. nearb
r...i..g.r...ity....1.12.12.ii.ta
is maintained
see footnote 1
Standard
Buffer
.....................................
17'iligE0212....1311ttgr
11.....1[1:112ggt....
rninirrlization
a:12252[25......t82a.
AND buffer iS
r...g.,112...1.:g.D.tf..c.J..„.....A.1.§...g.,....
100 feet
.....................................................
yggetated
02.1.0.1.021Kg.tigrl
mggaqrgL
taken AND
buffer is
.....................................................
c..g...flic.19...L0..g..t1.Y...g.g.D..
wfal.and and arly
11.22.62Y.......E.E.I.9111Y.......
Habitats i...s
...........................................................
ro.a.i..r.A.1.1.0.2d..„.
see footnote 1
II
100
..........................
75
...............
150
.......................
110
......................
300
.......................
225
.......................
II II
.......
100
.......................
75
...............
1 50
.......................
110
......................
300
.......................
225
.......................
II II II
...........
80
...............
60
...............
1 50
.......................
110
......................
300
.......................
225
.......................
II V
.............
50
...............
40
...............
50
...............
40
...............
50
...............
40
..............
at
he..t.ween
rn ust b pr otPctPd for tlw Pfltl i P dista
b i tat by so co n se Lyatig.12.....g.g...trn.212.1..,....JEr.fy,.,f,..a.g.g.......91.....g12.5f,12.cf,1
habitat
ui
Disturbance ur ll.n pagig,
Page 13 of 44
Disturbance
Required Measures to Minimize impacts
Npligg
I....ocate act \dl thatgenerates ruoiise awayfrom wetland
It warranted enhance exIIstidg buffer wlit,h native vegetation pllantings
gym. µaceant to noise soi.urcr,
............................................................................................................................
1==or actiiviitJies that...generate rellativell corutiirui.uoi.us potentialllIy diisr..0 liive ruoiise
such as certaiIIn heaVy IIndustry. or n.riiruliru establiish an additional '10' heaviIIl
vegetated buffer strIIp IIrnmedIIatelly adjacent to the outer edge of wetland
buuffer
...............................
.11 oxlir.....ru..2.1f
IlIoute allll ruew untreated runoff away from wetII nd whlille ernunIna wetland its
not dewatered
...............................................................................
f::::atablIllish covenants IIIIrnIIIing use of pesticIIdes wiithiIIn 150 feet of wetland
>.12...1!wg.tg.:!..........211
IRetrofit stor2.... ter detention and treatment for roads and exiis2Jiru ad"aceru
.................................
d2vgal2.211.1.g'! .II
1Drevent channellii :ed fllow from (lawns that dIIrectly enters the buffer
VJse Il....ow Inte'slit II::)evello n.re.ut II....111) techrllil Uues where qppropPIatellpr
more Iiruforn 2.1Jioru refer to the dralirua e ordliruaruce arud 2 .g..D..uall
Change IInwater ...!g.glih::>g.
Iruflilltrat,e or tread detaiiru and this erne iIInto buffer new runoff fro.1.r ii.1r erviioi.us
siuur2aces arud ruew Ilawnw
....................................................................................................................................
II'g'tg.....and ..._hum- n 1lig1!.I,Y12a„...92
VJsepnvacy ferucru GlR Ilaruf dense ve e1af,'ioru to dellIIneafe buffer edge and
to diiscoi.ura e dlisti.urbaruce usIIro ve et,atioru approp.P.ate for the ecore Iioru
II='Ilace we1Jlarud arud (its l2..uffer lira a se crate tractor toted wlitfm a
conservg112..0 easeanea�ut
.................................................................................................................................
)i.us
....st
1 g11(..uaggnrea.ut practiices to corutroll dUust
E. BUFFER SETBACKS —
1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be set back 10
feet from the buffer's edge. The building setbacks shall be measured from the foundation to the buffer's edge.
Building plans shall also identify a 20-foot area beyond the buffer setback within which the impacts of
development will be reviewed.
2.The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the
buffer from construction or occasional maintenance activities (see TMC Figure 18-2).
F. VARIATION--OF---STANDARD- WETLAND -BUFFER WIDTH —
,2....:::t:ire.....11::1r:ec..:e........imay......1434uµee.....tf e.....T]`m'4au.Ri...wetll.a...md....... �w µffers.e.i.m ......v�l�e.. ,.....tf e,.....µ, µffe,r....eo+ '(Go-=e-.au.re.....EH3f+e6111.y...... ..g
QElwuwe.....10...e,.u(µ.S 4 ....4evelo.Y9.14(e61-...41t 4..tt1e.....Y9f.. efirbe.....1+ffer....wiid h.,......t:t3e.....9re.sea ie.,......of....., rwi V9aa4w.1....a.(-m.: o.a..µ.i..wt....of....
wi.wva,w-ve
degetaa'i.c.......tt3a.........:lorpau'lr91uff-ef...fwuwrwetf9(3.,....aaa*1104...µae1F.ef..awaI:ii.ve.....vegetaa1H1.c .....ao-w...a...r.ar ...............�......e.a. ....1,
FE I raa 4Vo-wg....1 fe -Vis-e.rw[haaoesd...9 1...tf*3........ �wuwf�fef-doe•�w=wet-ecfrt:a" s . .... u � µ.i..m...�.Yye,.r.:.t.,��,�,...af.�.�,.aate�:........N�,�...a...1,�wffe�-l�a.,�...a....varwabe
to.Ypeg}z:u.rph-y-IPh8[-4w€r14 des-Glaar.. 4-slopes-.e.i..w....t:t e...l9...(4 j+ 1-......haµf efr.tf3e...l4wffer.,....a....l tfer...i 1 wet:ii.c+...-m.: a.y.... ...a.µlewe4.....tt e
Feropose.r1......reduevt:ii•9f(....ii. J... µ.i:.m......tPe,......aa+e.a......vwit4......t-tie...........l+a.ss-............S.afe:J.......apu......a......:.¶.Q.)....f-eet...Yy...ef...the
.9e....ii.9.91( a.. Y if) e..............:..wuwrlhe,.r.,.......a.....geoteehrmmoal-...ce,.v.11.ew.ef....t-tie,....p}eYaeseu.....bwuwtfe.i....epPaa+wee.,,orP,rwt.....fyl+a.n........Ruwst:......,-eter+4pve
tw1e.........wuwffer......0ohap9(39mea .....e.a........b.......li r9IlemeRte4.......wilt:tewuw.t...desta[3iiµ4r1.i..wg....t:te..... lope,,.....:::11=14e...09t9..e.ved.....1 wf-fe.r....wiid-14....shaµ8
pot- fesawlt..44-mate......tt a.n...a...,r.0 4....red.w..wet:le.i..m...µ.i..m....wii.(414-
1. Buffer (eetwet:iie-h.... it ...e.r 1a.rmee.me' 2aye.l a,g,li,.g may be allowed by the Director as a Type 2 permit „f_1he
to11mll aroa ®f tho Y�iu for aftgl. avorag.rua us 2(1..�mll to...l 11 ai 92a...rogi.u.rorl wutholut avo.2112ur.q arur. tho Y)i.u111�u 21. utg. i uai. ow2.2
9alil.ut, is never Iles2...thaai than either 'A of„the regii.uured W...11 h or 75 feet for G2at2„12gry 1 and 11 50 feet for CategoifY„ I I I, anr...25
foq fou Goa ogory IV whur,Y ovor us,gu��mt�i, and so....Ion.. as the followin° criteria is meta:
wiitt........a.i:.m......9Y99.ro-ved........1 tfer......rm.Y as+mee•m•e.rmt...tyla.n....rare.Ypa...od.....t3.y...a....q.uaµl#a1.e4-wetll.aR4.....1 iiell.o .:,....iif
A44l4iie.raa.µ.. foles1oaa..to..+retlloerl. wi4.be....,�rovii.r:le.r1_...t:f .eaw....1..the t � . � � p � � o-m.tyye,or.P,.rataatwioa=a..of..o...1,yaffew=.PpPaa+aee.,,pH.P,.rat...f�
Page 14 of 44
|
|
and
1::.4ar4i�rg vegelatI�o-ri that wotio irifrease vakie, fish- and w4dj4& habi4at improve, waleF quaky
OF hy*419gy:
l�
a. 11 he wetland has s�i ni�ficant differences ni characteristics that affect its hab�tat funictJorls, and the
decreased to the lowe I- -f u I'lictJo I'll I I'lig P!, �!f� - PE�!��tjve P2!'j�oni as demonstrated by gjtJca�l areas rep2E!�
L, 11 hei,e ai,e riio feas�jAe a�!tei,rialiyes t�o th s� e design that couN be accomp�!�shed without buffer
criteria is met:
aaraaes:
lona with
C0nS��C�dhUi|dinAS�0f|eoa�/
|eAa|improvement creates asubstantial barrier tDthe buffer fUnCU0n�
11 d e...a d d 1 t 1 o na I protection a[ the, critical area from thej)roposed
and
|C�i����r�U�|i
functions. This walver doe -
etat|0nexists.
4-.3. Buffers for all types of wetlands will boincreased when they are determined toboparticularly sensitive to disturbance
or the proposed development will create unusually adverse impacts. Any inonoeo in the width of the buffer shall be
required only after completion ofnwetland study by qualified wetlands roxportthot
documents the basis for such increased width. An increase in buffer width may be appropriate when:
n. The development proposal has the demonstrated potential for significant adverse impacts upon the
wetland that can bomitigated bvnnincreased buffer width; or;
by the federal government or the State.
b. The area serves as a habitat for endangered, threatened, sensitive or monitor species listed
[
Page 15 of 44
d
fc
sfer µerr.,. app.roved......y....the....11::lii
, s
ations--floe...tar is.ea.pe...tkhe....v ta#+oa. b
Oaf' , , g.... vog•etatieR—atc
+r K wiiµt.re.sto........µ..fter.>f µriotiiorro-wiitta
•1eRg.....te•rr
impacts-to-r ated...wetlands or-t air.laµ.µ{fers-are-ibertified,
(Ord. 2368 §48, 2012; Ord, 2301 §1 (pang), 2010)
em es--d arrkaged-o-Edies,
it4....s aaral ;
..years
ef....the ....p•rojcot if -adverse
18.45.90 Wetlands Uses, Alterations and Mitigation
A. No use or development may occur in a CategE*y....... Gat,egory4,..Csutego.ry...4-er-•Category.......wetland or its
buffer except as specifically allowed by TMC Chapter 18.45. Any use or development allowed is subject to review
and approval by the Director. Where required, a mitigation plan must be developed and must comply with the
standards of mitigation required in TMC Chapter 18.45. Where unauthorized alterations occur within a criitlicall area
or its bu.uffer the City.wiillll re i.ulire the applicant to submit a criitlicall area study,.that iiruclli.udos s.ub"ect to
a rovall. Il he applicant shallll be res orisiiblle for iinaplementiiilig the mµlif,li aflioru arud for addiifloruall penalties as
determined iilned by the lDiiI gctor In addition, federal and/or state authorization is required for direct impacts to waters of
the United States or the State of Washington.
B. ALTERATIONS -
...Alterations to wetlands are discouraged and are limited to the minimum necessary for project feasibility.
Requests for alterations must be accompanied by a mitigation plan, are subject to Director approval,
and may be approved only if the following findings are made:
a. ....g.... I pr !.p.Y.....cq.! ..V:.... ....y i N:V.....a Lt... afion se° i.uencirr re ° i.uirerments.
b. The alteration will not adversely affect water quality;
c. The alteration will not adversely affect fish, wildlife, or their habitat;
d. The alteration will not have an adverse effect on drainage and/or storm water detention
capabilities;
e. The alteration will not lead to unstable earth conditions or create an erosion hazard or
contribute to scouring actions;
f. The alteration will not be materially detrimental to any other property;
g� The alteration will not have adverse effects on any other serwsiit,iiwe•-areacrifllc all areasli and,
g h, Corm,alies with the maintenance and rmonitorin° section.
2. Alterations are not permitted to Category I and II wetlands unless specifically exempted under
the provisions of TMC Chapter 18.45.
3. Alterations to Category III and IV wetlands are allowed only where unavoidable and adequate mitigation
is carried out in accordance with the standards of this section.
/. Alterations to lisollated Category IV wetlands Mess tharu 1 fliflifli s e.uare feet iiru slue that nµeet allll of the
following conditions are allowedTo* where Hrwaveirle--aad-adequate mitigation is carried out in accordance with
the standards of ill.114G-Seettein......1-8,4,5,090thlili sertion.6 Wctic nd-tkvatipare Icss--thy faro foot miy be
f they are not associated with a riparian corridor,
b. illihgy are not associated with shorelliirues of the state or their associiated buffers
.......,.If they are not part of a wetland mosaic,,
.........IC.Y,y, do not contain habitat identified as essential for local populations of priority species identified by the
Washington State Department of Fish and Wildlife,, and
a e, 1fiYhc,y do not score 20..,points or greater for habitat in the Western Washington Wetland Rating System.
atio
reioeatien of wctl......4taf tat t,aC Chapter tf:4
...................A.ppt abits-...ehaµN-.....d.e+*ror..fafo,.....ttaot,-re•ascaeab.11.e...e,.ffert:s-•4au.ve.beoe
µmd witta....tfae,........:irµterµt........to.......a.r .
,.........arµ,-.......r�mµµi�µµi�rµ.ILfP,........11+�mµpaetr.....;�........wet arµ,-s...su" ,-........wet.a." ,..........kµffers
k(aP=k......te.....p......we.t, �4" ;r.....e.L......N.t�r...re,... "�}.......�)I'�PffF�'.f.....µ.�......, l=eye.c,�Z,............��.4.P�. ...._�
voids} f Irriio- µrµiifPrf......of cennpeesated...fer.µ.notbe...follµo.wsg..eFde.r.af...prefere•o- e:
Page 16 of 44
.Avoirling the rappot allogather by Rot taking a pertain action or parts -of an acatiorai.
and -As- apterraerala4ara, by itsiog......appropriate-teoPporogy.F...er....by....takirag......affirmatiyestees-to.ayoid
oprodepe...impasis,
Rec4fy43P-abiRtatirag...er....restorirag-traFa..a .........................................
Reettsirag el4r.preatirag.. invest.. over time by e%servakra
rirreng .the Rfe the. aoliarp
eFiVirs.044.141.0FitSi...andief
•
,
0
Page 17 of 44
1. 1-
:Restoration:
a. Re-establishment. The manipulation of the physical, chemical or biological characteristics
of a site with the goal of restoring wetland functions to a former wetland, resulting in a net
increase in wetland acres and functions;
b. Rehabilitation. The manipulation of the physical, chemical or biological characteristics of
a site with the goal of repairing historic functions and processes of a degraded wetland,
resulting in a gain in wetland functions but not acreage;
2. Creation (establishment). The manipulation of the physical, chemical or
biological characteristics to develop a wetland on an upland or deepwater site, where
a biological wetland did not previously exist;
3. Enhancement. The manipulation of the physical, chemical or biological characteristics
to heighten, intensify, or improve specific functions (such as vegetation) or to change
the growth stage or composition of the vegetation present, resulting in a change in
wetland functions but not in a gain in wetland acreage.
4. A combination of the three types.
b) Required mitigation ratios are described in TMC Section 18.45.090.E.. b.(1). Alternate mitigation ratios
may be accepted by the Director upon presentation of justification based on best available science that
shows the proposed compensation represents a roughly proportional exchange for the proposed impacts.
1. Alterations are not permitted to Category I or II wetlands unless specifically exempted under the
provisions of this program. When alterations are allowed, mitigation ratios for Category I
wetlands shall be at a 4:1 for creation or re- establishment, 8:1 for rehabilitation, and 16:1
for enhancement. Mitigation ratios for Category 11 wetlands shall be at 3:1 for creation or re-
establishment, 6:1 for rehabilitation and 12:1 for enhancement. Creation or re-establishment
shall be contiguous to the wetland, unless an exception is authorized by the Director. For
Category 11 estuarine wetlands, re-establishment, creation and enhancement ratios will be
decided on a case -by -case basis.
2. Alterations to Category 111 wetlands are prohibited except where unavoidable and mitigation
sequencing in accordance with this chapter has been utilized and where mitigation is carried
out in accordance with the standards in the section. Mitigation for any alteration to a Category
III wetland must be provided at a ratio of 2:1 for creation or re-establishment, 4:1 for
rehabilitation and 8:1 for enhancement alone.
,, Mitigation for alteration to a Category IV wetland will be 1.5:1 for creation or re-establishment,
3:1 for rehabilitation or 6:1 for enhancement. Where only a portion of a Category IV wetland
is filled, the potential functionality of the remaining reduced wetland must be considered in
mitigation planning.
4, ai..aotoon for dte a,liq........tq...w edand.....:.!.:uffe:!s....wo00.....b:b.......:�..::..:�..::.
2) The following shall be considered the minimum performance standards for approved wetland alterations:
a. Wetland functions improved over those of the original conditions.
b. Hydrologic conditions and hydroperiods are improved over existing conditions and the specific hydrologic
performance standards specified in the approved mitigation plan are achieved.
c. a„c. rc fe tAe• , requirements for creation, reestablishment, rehabilitation or enhancement and for proposed
wetland classes are met.
d. Vegetation native to the Pacific Northwest is installed and vegetation survival and coverage standards over time
are met and maintained.
e. Habitat features are installed, if habitat is one of the functions to be improved.
f. Buffer and bank conditions and functions exceed the original state.
3)Maintenance and monitoring of mitigation shall be done by the property owner for a period of no less than five
years and for ten years when the mitigation plan includes establishing forested wetland and/or buffers.
Maintenance shall be carried out in accordance with the approved mitigation plan. Monitoring reports must be
submitted to the City for review with the frequency specified in the approved mitigation plan.
Page 18 of 44
|
|
|
|
l�
8; .......... $//+G4e �t.~
T.
�2NE7IA0DAND BUFFER MITIGATION LOCATION.
1.1n instances where portions of wetland or wetland buffer impacted by development remain
m|Ugntion�xbuffer impacts ehoUboorov�odon'e �VVhoronnessential public mod'street orhgh�o�wnyor
8SS8Oti8| public utility cannot avoid a buffer . 8ddk&4-buffer enhancement 0USt
bocarried out ntother locations around the impacted wetland.
20n'eitomitigntionfbrwmUondimpocteehoUbopmvidod'oxcootvvhorothonpp|icnntcnndomonetmtothot:
n. 0n'eitowmUondmitigntionienoteciontificnUyfooeib|oduotopnob|omevvithhydm|ogy'eoi|e'
waves orother factors; or
b. Mitigation is not practical due to potentially adverse impact from surrounding land uses; or
c. Existing functions created at the site of the proposed restoration are significantly greater than
lost wetland functions -�' or
Regional goals for flood nb>oago' flood conveyance, habitat or other wetland functions have
been established and strongly justify location of mitigation at another site. and where off site .11 ation is
h0itioationh@nhSandin|ieUfee j,)roA[a0SiSpreferred over pe0nittee responsible
ati0n.
r�0
`
I I'll Is
Egp
IJ01,11 for the number of ciedits and
g.
' woJ
Page 19of44
_10WOVO "I
6. FheDirector may approve itigationsites outside the city upon finding that:
UAUoquato mooeunae have been taken to oneuna the non -development and long-term viability ofthe mitigation site;
and
1)AdeQ ' uate coordination with the other affected local jurisdiction has occurred.
pp|iC8O S8|8�ed 8 site in 8 |0C8ti0O where
the targeted functions can reasonably be performed and sustained and pursued sites in the following order of
preferonco:
Sites within the immediate drainage eub'boein;
Sites within the next higher drainage sub -basin; and
Sites within Green/Duwamish River basin.
h�����v�d���� 1)Uh��the adjoiningp ro [, qqy gy� �g rs a re a rin e na b I p Ig y 1 n..q wetland buffers extend onto or across their property; or L).).t.J.'.i.g t t.ti e o n si.t e
G�.8��Q�\�O0778�0G—M�naUunorueo�ehoUbocomo��dprior ton���oet�wil
l
wetlands and either prior to or immediately after activities that will temporarily disturb we|onde. Construction
ofmitigation projects shall be timed to reduce impacts to existing wildlife, flora and water quality, and shall be
completed priorto use or occupancy of the activity or development. The Director may nUmw activities that
permanently disturb wetlands prior to implementation of the mitigation plan under the following circumstances:
1. To nUmw planting orre'vogotation to occur during optimal weather conditions;
2. Toavoid disturbance during critical wildlife periods; or
3. Toaccount for unique site constraints that dictate construction timing orphasing.
(Ord. 2301§1(part)^2010)
Jtj.g.gj�orii site.
Page 20 of 44
p � i ni whether those pp! 'mance standards are acNeve di. In th s edified mon�loijrlq p�E�iod,
!::1eiformance secuiJily or other assurance devices as described ni 11 �MC Sectioni 18.45.210.
18.45.100 Watercourse Designations, Ratings and Buffers
A. WATERCOURSE RATINGS. Watercourse ratings are consistent with the Washington Department of Natural
Resources water typing C8teg0h8S .
which are based onthe existing habitat functions and dnefollows:
1.Type 44SAWatercourse: Watercourses inventoried neShorelines ofthe State, under RCVV
90.58.Thoeo watercourses shall be regulated under TIVICChapter 18.44' Shoreline Overlay.
2.Typo-2 (F) Watercourse: Those watercourses that are known toboused byfish ormeet
the physical criteria t0b8potentially used byfiSh
and that have perennial /yoor-mund\orseasonal flows.
3.Type 3-(No)Watercourse: Those watercourses that have perennial flows and do not meet
the criteria of Typo F stream or have been proven not to contain fish using methods described
inthe Forest Practices Board Manual Section 13.
4.Type 44Ne4Watercourse: Those watercourses that have intermittent flows (do not have
surface flow during at |ooet some portion of the year) a+d-z10 not moot the physical criteria of Typo
Fw8t8[D0UnG
.
B. WATERCOURSE BUFFERS — Any land alteration must be located out of the buffer areas as required
by this section. Watercourse buffers are intended ingeneral to:
1. Minimize long-term impacts of development on properties containing watercourses;
2. Protect the watercourse from ndvomo impacts during development;
3. Preserve the edge of the watercourse and its buffer for its critical habitat value;
4. Provide shading to maintain etnb|o water temperatures and vegetative cover for additional wildlife
habitat;
5. Provide input oforganic debris and uptake of nutrients;
0. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight
variation of aquatic system boundaries over time duo to hydrologic or climatic effects;
7. Reduce erosion and increased surface water runoff;
8. Reduce loss of, ordamage to, property;
9. Intercept fine sediments from surface water runoff and serve tominimize water quality impacts; and
10. Protect the from human and domestic animal disturbance.
An undisturbed 0rbuffer may substitute for the yard setback and
landscape requirements ofTIVICChapter 18.5Oand 18.52.
C. WATERCOURSE BUFFER NVD7H8 — The following buffer widths, -measured from the ...... Ordinary
High Water -Mark /0HVVM\' apply to each side of n watercourse. If the 0HVVM cannot be determined, then the
buffer will be mooeunad from the top ofbank:
1. Typo 4—(S)Watercourse: Regulated under TIVICChapter 18.44'Shoreline Overlay.
Page 21of44
2. Type (F)VVntercoumo: 100-foot-widobuffoc
3. Typa;'��(Np) Watercourse: Standard O�o��ob��
with buffer enhancement.
4. Type (Ns) Watercourse: 50-foot-widobuffoc
D. BUFFER8ETBACKS-
1. All commercial and industrial buildings shall be set back 15feet and all other development shall bo
set back 10fooL Building setbacks ehoU be measured from the foundation to the buffer's edge. Building plans
ehoU also identify n 20-foot area beyond the buffer setback within which the impacts of development will bo
reviewed.
2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts
tothe buffer from construction or occasional maintenance activities /eoo TMC Figuro18'2>.
E. VARIATION OF STANDARD WATERCOURSE BUFFERNVDTH-
4�
, .
e,H418FtGeHK,,+l�
to the area re.CAL..!�Ired without aver gj.n and the buffer at Is I'll a rowest..P I
a. The watercourse ['I s si, nificant differences in characteristics that affect its habitat functions and the
buffer is increased adL, cent to the, [�..�.D.gjjonjn, area of habitat or more sensitly
watercourse and decreased ad acent to the lo or less sensitly
a critic,
b. There are no feasible alternatives to the site design tI'Lat could be accom,'Ashed without bifffer
I�N0adverse affect t0water te0r)erahre0rshade r)0tenUa|will occur t0the waterc0UcSeUSinc
shall not adverse|
assessment or as amended.
affect w,
er
Ua|i
| Maximum Cai|
Page 22 of 44
2........... Inter Buffer: Waiver for into rri.upted buffer nna be allowed by... the ....il.irector....a>.....a.....Type ....2....➢..grmlit.
if....1t... complies ....wit.h....t.hp...:follow.ngL
) The buffer is interrupted by a paved public or..parivate road; lei constructed buildings; car
II y approved pparkjnq lots. This waiver doe s not ...apply to accessory structures such as sheds and
la The ...exiis in Ie ° al inn provennent creates a si.ubstantI l barrier to tloe buffer function:
ill) The interrupted buffer does not provide additional protection of the critical area from the
proposed dk vc llomnent; and
iv) The interrupted buffer does not provide significant h drolor icaI water + i.ualit
fi„unct.ons. I�Is waiver aces not pptply If lar e trees or other significant native vegetation exists.
vt Enhancement of remainjno buffer is reouired if feasible.
nd wildlife
vr, Buffers for all types of watercourses will be increased when they are determined to be particularly sensitive
to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width
of the buffer shall be required only after completion of a watercourse study by a qualified spec'iaitsst
L0 bssliq,➢rpall or expert that documents the basis for such increased width. An increase in buffer width may
be appropriate when:
a. The development proposal has the demonstrated potential for significant adverse impacts upon the
watercourse that can be mitigated by an increased buffer width; or
b. The area serves as habitat for endangered, threatened, sensitive or monitor species listed by
the federal government or the State.
ifert.......syu. .e.......t... .... istirg—viak e--rnn
+ret fe 4. ca cttati.... ay......be.....renr bluffer car parrt.......ef a.n.....crhaun t
1 7.v.
a.pp.lue�art—fc j.t..
,° tlxo Dirocter,...t trt
,I
HOLY
ability ➢.... wate•rool.ursc quality w+ll lac
sh e;..... f-
l.f he
f.....t.l
must
.w11-1-rc pate—b+.rffor fun r & withfF1 t vc...
s.rulasoq..ucru -e bers....tr+n::. ....te. the-pFejoet....-if
-oFthelr buffers -arc idorrti ie4
(Ord. 2301 §1 (par), 20/0)
18.45.110 Watercourse Alterations and Mitigation
A. WATERCOURSE ALTERATIONS. No use or development may occur in a watercourse or its buffer except
as specifically allowed by TMC Chapter 18.45. Any use or development allowed is subject to the standards of
TMC Chapter 18.45.
B. ALTERATIONS.
) y... lotjn° and meanderin° of watercourses is encoi.ur, d. Ci.ulvert replacement is re° i.uired where
g..pphcablt,. and a =rides pro rE' ulred to meet State stardards.. PIaing, dred4-Ing, Ddiverting or
rerouting r d. o0..ura" ed. C.uIVE'rts arE I ed se Tr7Eerlts of'strear7Es which flow under a road trill
or drivewa Iightin = of a stream refers to talcin = a stream out of as piae. which is flowing
under=round but not necessarily.under a road. All watercourse alterations shall be carried out as
specified by the State If.)epartment of f=islo and Wildlife in accordance with an approved II --I draulic IIPro'ect
A.➢: .tprgya.1.....i II....I PA)
Page 23 of 44
The City encouraggs daylighting of a watercourse that is located in a pipe or m.ieanderirigof a
previously altered watercourse to restore the stream to a more natural and open condition. As an
incentive for daylighting the Director may approve reduced buffers or setbacks.
.112.g.. 11- Ming or meandering of a watercourse is only permitted if the followin- ,r1 eria
are met:
a) The values and functions of the watercourse are improved includim educing stream flow during storm
and flood events, and.providing fisF1 and wildlife habitat,
b) No adverse impact to fish are expected to occur
Water auahtv s euuaI or better than existin- condition
ained within the new channel
e he watercourse desi-n complies wiff:i the Washing...ton Department of and
Wildlife Water Crossing Desi-n Guidelines manual 2013 or as amended,
2, On pro:)erties with culverts that are being developed or re-develo:)ed or when stream crossings in public or private
hts-of-wa existim ,ulverts that ca fish-bea
.fish...(based on the criteria in WA( 222-16-031., Washington orest ll'ractices Rules and IRegulations), shall be
up„-raded to meet the standards in the Washin- ton De pa ment of and Wildlife Water Crossin-
Desi- n Guidelines manual 2013 or as amended iftechnicall feasible,AD.
with the following iteria:
TF.:ie values and functions of the watercourse are improved includimreducing stream flow during storm
aad...11.99J....gygnta,....20J...)2Egyjd.j.n.„- fish and wildlife habita
No adverse impact to .fish are expected to occur
WaterII is eauaI or better han existin-
draulic capaci
he wa
condition
Is main allied within the new channel
ercourse design complies with the Washin- on Depa men of and
Wildlife Water Cros,drig IDesign Guidelines manual 2013 or as amended,
in dive in o eroutin of an wa e ,ourse shall be avoided if possible, Relocation of a
watercourse or installation of a brid- e is Dreferred to 2'1121ag, If occurs in a watercourse
d.eeecssar for stream crossings for access, Additionally, these alterations may only occur with the permission
of the Director uires an approved mitigation plan, ang,
shall meet the followirA criteria,.
Afey....watefeoufse...ti,;t....hasee4tioalrk..44(14.....habiitati......dre.....ii.seeeeese,ahy...foethe....11.1ife....eyeie.....de&pawf4Rig...c4-9441041-ds-,.....s,leall
pot be FOF04:4ed....44.0.6-6-4...G.a.R...b.e....&hawMhatthe....habitat..44..be......invFeved...for-thebenhefitof-the...speeies,FF 0 watef course
alteration shall° con0211y with the standards iin current use a riid the standards of the WashiiiNlon 11)eggirtmeinti of 11::::iish
arid Wdkfc lira the "Water Crossiirita Design GA6411E:IS" manual 20'13 or as amended)..„,
shall be limited to the
enance dred 'n of watercourses shall be allowed onl when necessar to rotect ublic safet structures
and fish passage and shall be done as infrequently as possible,. Long-term solutions such as storrnwater retrofits are
preferred over ongoing rnaintenance dredging„
Storrnwater runoff shall be detained and infiltrated to preserve the o.x...t.2gjdr000ttt!etercourschanncI's
dominant diccharge,.
..1 All construction shall be esiigned to have the °east adverse iirrimpoli on the watercourse„. buffer and surroundtg
einviironmer4ii Construction shall minimize sedimentation throw. h inulementation of best mana-ement practices for
Page 24 of 44
�— b8ro+o+A8do
eA As n condition of approval, the Director may require water quality monitoring for stonnwntor discharges to
streams, and additional treatment of stormwater if water quality standards are not being met.
to
JrAnq
Ua8fd,,,-,.
I)eP8l'11118'�:
Where allowed, piping shall be limited to the shortest length possible as determined by the Director to allow
access onto nproperty.
h) VVhorownteriepipodfornnnccoeepoint' those driveways orentrances shall be consolidated to serve multiple
properties where possible, and to minimize the length of piping.
1 -).ip�ng � E�g - road runoff create downstream scour 01' CaUse er`os�oni or sedimentationi
[41
Water quality must be as good or better for any water exiting the pipe as for the water entering the pipe, and flow
must be comparable.
d\ ) Moin0on3noo dmdging nfwo0»nGourcmo choU be oUowmd only whon noemc.cory
0.3. Stormwotox runoff choU be dVt3inod ond infiKr30ad to pnacomo #10 wokoraeunoo
� OF a& by the
�
friteFiainVVAC 222 18 �U|C
fe-WIA "IRUa|"DC 6hPaS "
the stapdaF&
�
Page 25 of 44
dr„ef �� � abe„ tetow.
a ....gtaRii•ao-=.......p aao- r..... uµ ......13e........eo.f lLe.:ed.............a.n.y.........p•ro.pesal4s ......ef.......d.1, w.dg h g•;••........fi.µµ ag..........r} 4ii.r..........pOkag..........a.nd•.........re,.l,.o .ii.p .........of
wate+e•c µfse...of....1. µftor....ii•repaetJ..aI••.nd....sN a•µt-be....devooped...a.J..tpa•l1:...of.......a.....se altii.ve.....a1.ea.....s#µad.y......ay......a......speo'ia•µfs4:...a•ppFove,d.....by
¢ o......f:ele ,.....:11-ho....pIla.n....�n. as:.... ow...Y ow...wa.t:e•i...... ° y...........+ .e............. .
t . � � .sae0....eeFiRret;..........petµ+.µRllani.....+e: eeRllani.,......vwlµ,-Nri#e......ae ,-.....flsYa
•habiitat,....a.rad....gei e}.µ.......wat,eFso•e•rse...gµaaµity....we•eld•••.l e...µ.nrpFaved,
f-)................:T.he,...:scope....aad....GO.Ilte.i..µt....cif....a....Ft4tigatiiefµ....pt rµ.... bo......deo'ide...erµ.....a....ra.Se""4....a.a.9......1 !, ..g.... µ! ....aeeoo=µt....t-t o....dregfee
oti•repaof......and.....exte.i.µt......ot lariitgatiiafµ alre•osµwes-....•IeredFed... As-.....t:.o... •ii+ w aet,�...to.....t:.o...watamoeFse......or.... a. a. c p � �� Rt,s-....bP.Yfte........l'Ne.ee:}Sp,
•tho o- att:iigatto.... pµa.fa...to...offset-these...iimpaotJ-wiiµt-
arasfeoso ar.a exte+at a+ , ra♦-awpto,xµty.
f:.................::a:.ho,.....so.....e.nwets.of....a.....eempll.e.t:e.....fn.:,°'iigat:ii.o+....ptea.n.....a.ro.....artetµows.
a 11 osettrae• iirafof+ ratiie µ iiraa µdtrµg ex'isttrµg.•.. wateFsaur.so.... e•additii.e .µ ......sµµo.h.........as-.... hydfoll.og.r.......pat?> fe s4fllew.... Fatea.. st+oa+
gfadterat;---•i, rak faµtt wiir wa, stl.oafa•••.be.d....eanidttii•0 S, i, rak eo•edttii•ani fiish-adad.ethef....wiitdtite....Hee., iira stroafaa•stf+.µetaµ+e•s•
tiparta+a--•e 'adtt:iieP"air; t3aµfto} rta l"art;o}'isias. wat;el" gaµaµtt:y, first barf ao+s-ora,: ettao,f 43..evarat-a+afe+mataera,
oeile ......... c.. o..... ii e o,.....a:
:...............f:::favo-�r=al�aa�fat�aµgo�aµs_afad....c��p�rtllves_twaat-desal�al3...........t.fa.,......p.u.µ}�peso,.e...ef.....t-way a�artlgatllcao-=a......Ifr.e.a.sµµl.o,.r.seeaµtd......11o-artu.µde,......a
deseftptiie+a of ate setoetiic a erttef'ia, •ii•deetiifie•attora et•ta•go..:- ovatµoat g aera sfyeriies-oradtu.µraetiiar)fs.
d......fef......tu.µtfLµtia.a........0fav° f..............1,ei=algar.o,.i=atat....geala....and .....elfoetavo,.e....afa;........fef......t:faggo,.l,.a.i:.ag......%.aa.:e.: La.µ.......aetllcao-=a.........e.l,
ono-=atiifagef,.y.....ff10.asetro.s......µk0afaffa:stare...... �a•ekla.aisa fa.: ay......i•ehei µde......watef....ga.µat.
. , � . � �:y......stafadaa'dr......&peo'ie,.e..fieh+=ao,se-..a.rd......dvofstty
t ts........N lt:af;.....dtveH�. i.t:y......Hdiee.r........e+eat:ii•ao-a....ef......fieh-........at........0+-.....a , 3P,.l.......oeoll.... .
.�.a•µ.y...geologas.aµ..ef...Y-ay,-i=c3l.ogas.a.µ...olate+aa„
................lf:}otaid,d.....rofast+aµrt:iiefa.....pt a.a,.....ef.....tho......s-of..a�.:
+a.... oe•lifieatioes-a+ idose• atii•oe, !°
� � . Igatllc3+a-toraniµq+.µe,.r............ae-p.a.n......sheaµ ,-
ifaeitµde tho...p+opese• -e0 StHaµrt:iiefa....seawa. G....adad....e0 stHaµrt:iiefa....r ai.aegar Drag....afad.....f)e....aeoompa.ratod...by....der, iced.... ite•
diagfaA3S e•ekt•..i ll...µe•p+iaats--that..afo....ar-a.. iietegfa.µ.. +o - eo-me+ ...of....ad ay........doV.11epraro+at:-p+oposat,
e...............1: .r.a r +i.r..aa.....a.+,ktie+....o.vaittatii•a+a.....pia fa.:a.....that:......oaµtili.i.es-•....tho.......app+each........fof.......aes.e.er.,traa .......a........eo•ra alleted........p+ojeo.t:,......A .::: lael
fI.ve......o,g.+ ..caf... 12:Ea'r +i.i.a....... ,t±f ° �g}d,,.......A.+a.....ou.µtll'i.i..ao.....shatN ....I3e.....
arartu.µd�,d....ttaat...., y�ttrr oaµt hev�....twao,......lfr.e.i..a.
........................'�...............................................................................................g.............................''f!.......................... � :. ,i.. , ,....... atofarag.....,-ata-......vwltN-......be
•e vafu µat0 d by ogeee•lies- that. afo... t+ao.4ag-••..tfao... ff ° 'igatii•o+a....p+oj . 'al oc e•sa µ el er rte t Wit. rfl. hal &toffawr tef
q.aµauttty....Fa oe ......a.......st+e,ai�ar..,....ttao,....::�a��ertel.....a-a.:aa.y....fo, . - ... �watef...atofarag,
f..........Gefat:iiegefao.y--ptaaHa•-'idofatiity..ag....petoHtii.a.µ..eeaµrses-.ef.....•aet:to.ra •ai.ad....any...eeffectii.ve....urea&oi-or.te....l•3e....takoo...wbao.ra....1aro.r.a
y •. � � !��rarag
ef--ovaittatii•ofa...iifadtrat0.s-...p+ojjeot...po4e}manhr.e....staoda...1S-.laave....faet...bee.o-r et-
g ...............11::>.o,.i foa star.e...see lity...Of..otlaof•ae&Hfa.i..ao.e...dre..viee,.e.....ar, .de•seeibe•d-il.n...:::11::: ... ;e.e4o.....:1..8,66....2•.¶.t. :
DC, MITIGATION STANDARDS-
a.y.............:::t:.ho..... +1.as4ap.ag!.ra.....a.8ryt:roawaµ..shefe......11::>. .(3+,,......Wash41 ra....µ: opo...1+a-.r.e., ef...µ: eoll y.........t .ry....µ:.::.ilsh-.a•ekt... tdttte
8ryel viire; l-ashtrag's fi•... if e•parteaarat.....ef.... 11;;;4se... afar.... VVttdti O.;.. ,2tttt4.... ef.....as_....a+no.radedy..shaft•..ibe....osed....arr...I4ost...Avai4ahllo
8ryo'ierao.e.....fel....t e.....devGlep Feot.ef.wate eaaµf.,...ofad....baµftef...l�a:r.+t:tg p � � � � ataafa-teem+=a*es
.1.LThe following shall be considered the minimum standards for approved S4+eam-atterat:iiafasi1,l,li.lig, al,lian?,deers:
a. Maintenance or improvement of stream channel habitat and dimensions such that the fisheries
habitat functions of the compensatory stream feaeh...irl,ip:p:l;..or exceed that of the original stream;
b. Bank and buffer configuration restored to an enhanced state;
c. Channel, bank and buffer areas replanted with native vegetation that improves 1„i.p..o.......the original
con d'ii 1 li p n in species diversity and density;
d. Stream channel bed and biofiltration systems equivalent to or..:kifa--thc o ,cif p,aublio- Fai sage
fm 4 better than in the original stream ftra the....ease ef..othe,f...leads-of....p.rejeets.);
c Original fish and wildlife habitat enhanced unless technically notfeasible;nµd
at. If onsite mitigation Is not possible and to ensure there Is no net loss of watercourse functions
inclr.µdin° but not limited tc slaadin° tlae a,a,clicants rma ,aa in an in -•lienµ fr.µnd if available to ensr.µre that ,arc'
arc; .ft..ly rmiti ated.
2LRelocation of a watercourse shall not result in the new ser=asiit:iiwe--o+eac1ii.lic all area or buffer extending beyond the
development site and onto adjacent property without the written agreement of the affected property owners.
€ D, MITIGATION TIMING - Department of Community Development -approved plans s...Typ. . _decis„i_c_n _must
have the mitigation construction completed before the existing watercourse can be modified. The Director may
allow activities that permanently disturb a watercourse prior to implementation of the mitigation plan under the
following circumstances:
Page 26 of 44
|
/
|
|
n. To allow planting or n to occur during optimal weather conditions; or
�—To avoid disturbance during critical wildlife periods;
r,.o. or
rToaccount for unique ede constraints that dictate construction timing orphasing.
E. MITIGATION PLAN CONTENT, AII im.p.. �,.js to a water. course.]h.at d� Eg � 1!& 0 I'll s of the watercourse oi- Is
buffer sha�I be av6ded. If a ��l�e rato I'll to the watercourse or buffer is uirllav6daUe, @I1 adverse 111P g!s res u Iji I'll g !!l a
___
jg
(Ord. 2301 §1(part)^2010)
18.45.120 Areas of Potential Geologic Instability Designation, Rating and Buffers
A. DESIGNATION —
Areas oy potential geologic instability are classified as follows:
1. Class 1area, tiJ|is-lowrand VVhiChh8GaS|0P8o [is,less than 1596;
2. Class 2areas, vvhichslope is, between 1596and 4O96'
and which are underlain bvrelatively permeable soils;
3. C|oee 3 nrooe' which include areas sloping between 1596 and
40%, and which are underlain by relatively impermeable soils or by bedrock, and which also include all areas sloping
more steeply than 4O%;
4Class 4areas, wh.ef-z|onAsii�
zones of groundwater seepage, and which also include existing mappable landslide deposits
7 which include sloping areas with mappable
Page 27 of 44
regardless of slope.,;
......................
:::.....................II ap p ii nnn.
n. -rho approximate Ilocatiion extent and besli nuat,iion of areas of potential eollo lic instability are depicted
in the Clit ''s Critical Areas Map.. Acttuall boundaries anud besli nuatiions shall be determined by a quallitied.professionall on
.....lie....._g'.pl...l....:�.....:.................lis.
2. In addition to the Clit ''s Gr.tI Areas Map,the following i. blllicll available mapping information naa be
use......p....0 miinee....a.p.p.rop.ithate.....d.esiiglnat'jionps':.....
a. For historic landslides, areas designated as gr.uaternary slli.una s ear hfllows nai.udfllows or landslides on ma s
i.uhlllished by the U.S. Geollo Beall Sur \fey or the WIIDINIR IIDiiviisiion of Ge011ogy anud If:::::artta IResoi.urces.
h. For otentiiall or historic Ilandslliides those areas mapped bythe WIDINIR (slope stability ma iin as unstable LU or
..........................................p...............................................................................................................................................................�............................................................................................p.p.............................................................................................�..............p...............................................y......................pp...........g.1................................................................................................
class 3.1 unstable old slides DOS or class 4 or unstable recent, slides UJIRS or class 5
c. For solill characteriistiics the U.S. IIDe artment of A riici.ullti.ure''s INatti all Resources Conservaflon ServliceINIRCS)
Off'jiciiial.....Soil ..._Survey ll)ata.a.....and
di ®I: gene all ui istaabilluty, t,taoso areas mapped by the NRCS as haviinuo a slignufucant, llimitatiicn for building plitp
rhvollopnrgiu�,::.
G. ..........BUFFERS -
.c.„._,BUFFERS
5,1. The buffers for areas of potential geologic instability are intended to:
a. Minimize long-term impacts of development on properties containing sefteilltveth critical areas;
b. Protect seo- . itiiae-a+ear.rft;licall„_ai„eas from adverse impacts during development;
c. Prevent loading of potentially unstable slope formations;
d. Protect slope stability;
e. Provide erosion control and attenuation of pre- cipitation surface water and stormwater runoff; and
f Reduce loss of or damage to property.
f+ve era--Gf......lau.uffe.r.... a.y......s.. 4..fe.......F-the.......yafd......sotbaol�-a•Rd landscape-re•g.Ili
reed
r
g-D, Each development proposal containing or threatened by an area of potential geologic instability Class 2 or
higher shall be subject to a geotechnical report pursuant to the requirements of TMC Chapter 18.45.040 C, and
18.45.060. The geotechnical report shall analyze and make recommendations on the need for and width of any
setbacks or buffers necessary to achieve the goals and requirements of this c N,I a p t c r I a ter 14:45.
Development proposals shall then include the buffer distances as defined within the geotechnical report.
;E, I144 , 4 cad-44 :: --C .n..... ,a & et, sltivo to the
y.....a....slto visa.
(Ord, 2366 Eft, 2012; Ord, 2301 61 (pr't), 2010)
18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation.
A. GENERAL - The uses permitted in the underlying zoning district may be undertaken on sites that contain
areas of potential geologic instability subject to the standards of this section and the recommendations of a
geotechnical study.
B. EXEMPTIONS - The following areas are exempt from regulation as geologically hazardous areas:
1. Temporary stockpiles of topsoil, gravel, beauty bark or other similar landscaping or construction
materials;
2. Slopes related to materials used as an engineered pre -load for a building pad;
...............Ar�.y......t:e,.� r.pe.i.a.i.y......stwo.... that ....her—a-been.....Greeted.....tahoddi5.......te aved
"ha Roadway embankments within right-of-way or road easements; and
€ 44.Slopes retained by approved engineered structures.
Page 28 of 44
C. ALTERATIONS-
1. Prior to permitting alteration of an area of potential geologic instability, the applicant must
demonstrate one of the following:
a. There is no evidence of past instability or earth movement in the vicinity of the proposed
development, and where appropriate, quantitative analysis of slope stability indicates no significant risk to the
proposed development or surrounding properties; or
b. The area of potential geologic instability can be modified or the project can be designed so
that any potential impact to the project and surrounding properties is eliminated, slope stability is not decreased,
and the increase in surface water discharge or sedimentation shall not decrease slope stability.
Where any portion of an area of potential geologic instability is cleared for development, a landscaping
plan for the site shall include tree replanting with an equal mix of evergreen and deciduous trees, shrubs....and
.
g..tgu'..rE drgwc ,. preferably native, and approved by the Director. Replacement vegetation shall be sufficient to provide
erosion and stabilization protection.
3. Criiflc all faclilllifios shallll not bo olitob wiithilln or bellow an area of ctorutllall gpollogllc llnstabllIlllty. e.urulloso
there Ills no practllcall ?lltearnafilivea den onstr atob b the liioant
4. lira an area of ctoliflall ocllc lic shallll 1ovlibo for storm water
ge.0 alliit grub e.0 arutiit ccrutrcll iiruclle.ubiiru ro ar atiicru of 1f ll::::: >C arub ors r aruorut dialirua o IOaru ro carob b a
........................�'..........................................................y...........................................r...............................................g.....�?............g.................................................................................................................................1�.............................................................................................g..........1�......................1�.............g.....................................�'..............
pto f e s s 11 o np gIL...g:I:U..g iLl:Ug ga: Ill li, r g.ng g d....11.hp....WA.
J.......... .mule ss otherr wuce :....prcvube b or og....pgrt of an appLoved allterafilon..,..rennovall of vo¢ r tat,uc.0 from r an area
of pgtor�tu all ¢ ocllce uc u1uct�abiilllity ci utg„Y�suffoi sh allll bo prohibdod hoi porgy dtod gas p�ait ct rani apg igvod gall gi�atuciu
ve ot,a.bo.0 ren ov.11 shallll be rallnllraiizob to the extent practllcablle
Surface drallngag...,.....11nclludllrgg. doWrus cuutg shalt not be dllrocted across the taco of an area of
ctorutii all ocllc iic liruot al�lilfiit ° lit br aiiru a o � re.uot Igo blioch ar ob arc11r tho .12.11.gt Yu az: arb tc lito too lit oY� llll Igo cclllloctob
al�cvo tho tc arub bliroctob tc tho too I� fl Yet Iliiruo br aiiru grub rcvlibob wvidh 01"V oruor bliooli aflvo bovlico gat tho too to
dllschar o to a owoallo or other acce.gtablle ru0t ralll br mina o areas
r . Stre.ucte.ures and iim rcvomoruts shallll alltoratlloris to the ruattwall contour of the sIlc o and
ace.urub afloiis shallll Igo florob w hero coolil�llo tc ccruacr� r tc oxiiot'Iru tc c r� Y� pooruii� riizo r abiiru /cofi f 111 tc a� rce.urut
............................................................................................................................................................................................I�...........................................................................................................................................................g................g........g............g........y.....�.................................................g.............................g...............................................................................................................
ruoc000arY}
........................................................
1f Yuo rc cosh bovollc Tent shalll° root, res ullt iiru ro ator rink or a need for illncro aoob I�e.uatoro cru ruoii Y�I�criiru rc ortlioo
D. DISCLOSURES, DECLARATIONS AND COVENANTS
1. It shall be the responsibility of the applicant to submit, consistent with the findings of the
geotechnical report, structural plans that were prepared and stamped by a structural engineer. The plans and
specifications shall be accompanied by a letter from the geotechnical engineer who prepared the geotechnical
report stating that in his/her judgment the plans and specifications conform to the recommendations in the
geotechnical report, the risk of damage to the proposed development site from soil instability will be minimal
subject to the conditions set forth in the report, and the proposed development will not increase the potential for
soil movement.
Further recommendations signed and sealed by the geotechnical engineer shall be provided should
there be additions or exceptions to the original recommendations based on the plans,
42. site conditions or other supporting data. If the geotechnical engineer who reviews the plans and
specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to
the City accompanying the plans and specifications, express his or her agreement or disagreement with the
recommendations in the geotechnical report and state that the plans and specifications conform to his or her
recommendations.
5;33 The architect or structural engineer shall submit to the City, with the plans and specifications, a letter
or notation on the design drawings at the time of permit application stating that he or she has reviewed the
geotechnical report, understands its recommendations, has explained or has had explained to the owner the
risks of loss due to slides on the site, and has incorporated into the design the recommendations of the report and
established measures to reduce the potential risk of injury or damage that might be caused by any earth movement
Page 29 of 44
predicted in the report.
& 4 The owner --shall execute a Se•r=rsi ve--Ar=e•aCrjftcall Aroas Covenant and Hold Harmless Agreement
running with the land on a form provided by the City. The City will file the completed covenant with the King County
Department of Records and Elections at the expense of the applicant or owner. A copy of the recorded covenant will
be forwarded to the owner.
E. ASSURANCE DEVICES — Whenever the City determines that the public interest would not be served
by the issuance of a permit in an area of potential geologic instability without assurance of a means of providing
for restoration of areas disturbed by, and repair of property damage caused by, slides arising out of or occurring
during construction, the Director may require assurance devices pursuant to TMC Section 18.45.210.
F. CONSTRUCTION MONITORING —
1. Where recommended by the geotechnical report, the applicant shall retain a geotechnical engineer to
monitor the site during construction. The applicant shall preferably retain the geotechnical engineer who prepared
the final geotechnical recommendations and reviewed the plans and specifications. If a different geotechnical
engineer is retained by the owner, the new geotechnical engineer shall submit a letter to the City stating whether
or not he/she agrees with the opinions and recommendations of the original geotechnical engineer. Further
recommendations, signed and sealed by the geotechnical engineer, and supporting data shall be provided should
there be exceptions to the original recommendations.
2. The geotechnical engineer shall monitor, during construction, compliance with the recommendations
in the geotechnical report, particularly site excavation, shoring, soil support for foundations including piles,
subdrainage installations, soil compaction and any other geotechnical aspects of the construction. Unless
otherwise approved by the City, the specific recommendations contained in the soils report must be implemented
by the owner. The geotechnical engineer shall make written, dated monitoring reports on the progress of the
construction to the City at such timely intervals as shall be specified. Omissions or deviations from the
approved plans and specifications shall be immediately reported to the City. The final construction monitoring
report shall contain a statement from the geotechnical engineer that based upon his or her professional opinion,
site observations and testing during the monitoring of the construction, the completed development substantially
complies with the recommendations in the geotechnical report and with all geotechnical-related permit
requirements. Occupancy of the project will not be approved until the report has been reviewed and accepted by the
Director.
G. CONDITIONING AND DENIAL OF USE OR DEVELOPMENTS-
1. Substantial weight shall be given to ensuring continued slope stability and the resulting public health,
safety and welfare in determining whether a development should be allowed.
2. The City may impose conditions that address site- work problems which could include, but are not
limited to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as
installing erosion control and drainage systems well in advance of construction. A permit will be denied if it is
determined by the Director that the development will increase the potential of soil movement that results in an
unacceptable risk of damage to the proposed development, its site or adjacent properties.
(Ord. 2301 §i (part), 2010)
18.45.140 CoalM n MazardAlband d... ,de Areas
A. Development of a site containing an abandoned mine area may be permitted when a geotechnical
report shows that significant risks associated with the abandoned mine workings can be eliminated or mitigated so
that the site is safe. Approval shall be obtained from the Director before any building or land -altering permit
processes begin.
B. Any building setback or land alteration shall be based on the geotechnical report.
C. The City may impose conditions that address site -work problems which could include, but are not limited
to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as installing
drainage systems or erosion controls well in advance of construction. A permit will be denied if it is determined
that the development will increase the potential of soil movement or result in an unacceptable risk of damage
to the proposed development or adjacent properties.
D. The owner shall execute a Se•R6i11We-.A.reaCrofii,calll...Areas Covenant and Hold Harmless Agreement running
Page 30 of 44
with the land on a form provided by the City. The City will file the completed covenant with the King County Division
of Records and Elections at the expense of the applicant or owner. A copy of the recorded covenant will be forwarded
to the owner.
(Ord. 2301 §1 (part), 2010)
18.45.150 Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses and
Standards
DESIGNATION —
1. Fish and wildlife habitat conservation areas include the habitats listed below:
a. Areas with which endangered, threatened, and sensitive species have a primary association;
b. Habitats and species of local importance, including but not limited to bald eagle habitat, heron rookeries me.udfllats and
....CoRIu w 'i al and f e eat:ii&Ral..&M - w.a.si.
4-----411p-andbeiefase-dedet
fc. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
g d, Waters of the State;
a „ State natural area preserves and natural resource conservation areas; and
r f, IL.akE s oruds strea.... arud riivers Ilaruted wiith a.:: flish Y,�®d a overru��wrerutall or t!.JL all entilt
A.reps-.cnitic.at~.fey...Nealbiitat••eo.r=wr=wect:iiviit:y,
2 .11 e > watercoe.ursos iiruclle.udiiru the f. reeru/1De.uwarnllsh IfkVver are re e.ullated under 111YMG 18.44 and not under thus
sec0on.
..............................................
Wetlands and watercourses are adbresseb e.ururter t8. 5.flf8(f t8. 5.090 t8. 5.tflfflf arud t8. 5.t tflf arud root e.ururter
thus section.
.................................................................
B. MAPPING-
1. The approximate location and extent of known fish and wildlife habitat conservation areas are identified
by the City's Set=wsiitiiae-AreaGa lif;licglll Areas Maps, inventories, open space zones, and Natural Environment Background
Report. G y....doswgahates t r and .r.. adeve...as-knowrw-fieh-aa'wd vwiNdttte t wa 'Itat�� vwitf� w iit w++erwt N riitr
2. dl::::.. t.... wd....wiitdN ....,,-biitatcone.rvatihh- teas-eo e..a.t:e,.........etese.y........witfa........t:fae....... . s-...... e.,t;i0o .....a-s-.....regwuµiate:-
water-eeetde.e....and ..........wetlla ds-b .wd....tf eti: ::t ire....Gdteeni.I::)ewantileh Rivet........ii.J....... ,.cegn.d.........a.......t-the.........h:. :
.rw 'i.r. �.wt......fii ....a.r .......witdt .....�,;biitat....eeHili eF• au. -well-•a.roff ehaua wa we- ;beta a eau. weatP wa w ttaewverto ifhpto . r®a w
iitat -(ehewh-on....t:tie...8rye•esttii.ve....A.rea.s-Map).....w....ttie.........€ryhe+ell'ine..-i µis'isdtstion:......(t ai-t ....G..eek.,.....t iveste.e.....G+eek,.....geuµttiga.t:e,
GEeek.,...aehrwsei:.w.....Gree,.k.,....a.nd.....t::y.a.m:.... Cheek. ....f.ii.a.....twie.....o- ei tw.....11::>.A.A.....ak...pte—vtde.......sathicrwtd.....-habitat ............addt'Iao-w........twe,....... Jatiive
„act........t;-Foteetiich.....Atea......ii.a......t,,....-ilIl:4wiit,:u......goetti.......F.... E 0............
� oaoct ��>_w }ai o>do-,- e.r....aa......wrnfye.ita.,t;...e.Yyµa.h ,......vomit; t.....hahlitat....re+w4,. er:,
:Tbt wiita......Pond.......ai=wd..... tF- asset ated.....wetll.a.n.....aiso....-w.:eet:....twie.....de.fl.,t °;°iao-w....of...a.....t°ish...a.nd.....witdt
-� rer.biir, : auµrwa:.wg....a.pteea.se.o.s-ef...t e-ye,a.i,,,...... n addition tote ,erwslw.e,...W ectitppq.......g! ags Maps, the following maps are
to be used as a guide for the City, but do not provide a final habitat area designation:
a. Washington State Department of Fish and Wildlife Priority Habitat gairid Species Maps;
b. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors
reports for the a' reeru/11::)i.uwanriish and Cent all 11='i.0 et Sound Watersheds published by IKliru Goi.urut crud the Washington
Conservation Commission; and
. .ashib....t®rw �rytat� ag NOAA Digital Coastal for ...Wgshli.l:Ii.q®n..._$tgtgaud.......Ge etat...../erwe... ,.i.:r.e,.i=wt:-Pfegi.am.
...... .
C. BUFFERS --
t. Il:::::ach devello nmrerut ro osall oru ad"acerut to or wiitta the oterufliall to liar act a Fish and Wildlife Habitat
Conservation Areas shaft--have-t-effersrwo--Ile„s-twiao- - -0.0 feet wrw-vww,- e-s-otfaer than wetlands s and watercourses sha
s.uh"ect to a habiitat assessment re orf pidrsuant to the re i.uiiremeruts of 111MG Cha ter 18.45.040.113 arud
t 8.45.080. if he habiiitat assessmai1 shallll aruall ze arud make recommai udatlioi 0 oru the rueed for arud width of aru
setbacks or buffers necessary.to achieve the gpalls and re i.uiiremeruts of this chapter wiith s ecliflic consideration of
Prllorllty II--Vabiitats and S eciies Mai omerut Recommendations from the Washiiru tore If.:)e ailmerut of 11==iish and
Wlilldlllife. Recommended bsYnatt--have--puffers shallll be no less than 100 feet in width.-
.......................................B.siffe.r....re µette.rws-apprayed....fer...airw....wuµrwden.y og....wetll.a.rwd....ar...wat ,. ;.e.arµtse....shatt_ a se....app'.....t:o....t:fhe,....re,V9.te,d...
Page 31 of 44
.Gobse.rvatio-n-Aiea•
2. 113uffers IIncreased by. the IIII)IIrector when an area IIs etermIIned to be parficullarlly sonsIIIiye to
the dIIstbrbance created by. a deyellop...alent. Such a decIIsIIon wIIIIII be based on a CIIty.royIIew of the repprt as
prop.ared by. a giballItIed bIIollpgIIst and Yg.y a sIIte yIIsIIt.
A......... USES STANDARDS —
.43.11a4e4.. to wellands. aryl wateFsours-es, No ad-ditio-naktse........regbtations-appty-specifica4y...td...Gonseryation.•
AeasIIIIIllach deyellop...ment p..m.posall on.,....aticenf.,.. or wIIth the potentiall to IImp.act IFIIsh and VVIIIIdIIIIfe IldabIItat
ConseTyation Area that IIs not fully addressed under 18.45.080, 18.45.090.,. 18.45.100 and 18.45.110 shall be
subject to a habIItat assessment report p..ursuant to the requIIrements of -11-IMC Chapter 18.45.040.113 and 18.45.060.
-11The habIItat assessment shall anally?...e potentiall IImpacts toll""ish and VVIIIIdIIIIfe IldabIItat ConseTyation Areas and make
recommendations to mIInIImIIze such IIITipacts, wIIth specIfIIc consIIderation of1PdorIly.IldabIItats and SpecIIes
IManagement IRecommendations from the WashIIngton IIII)e.partment of11""ish and VVIIIIdIIIIfe.
(Ord 2301 §1 (pan), 2010)
H:155 $pecial Hazard Flood Areas
AReagOalions ....goverrdqg Special Hazard Flood a rea S are 1 M Chapier 16.5.1 Hood Zone
IManagennent and 18.45155.B.
113. IldabIItat s Se SSITIO nt.
When develeppent plopese„ within a Special Hazard Flood areac.,. floor:12@in habitat aseessment
shall be prq.p.pred „pursuant to the rq.gi.drernents of TIMC Chapfer18.45.040113 and 18.45.060.
2. -11The floodplain habitat assessment shall address the effects of the devoid:0.2dt on federailly listo sainnoa
a. ImpeTvious sunface,
b. 11""loodpfelln storame and conveyance,
Stommater drainage.
3. If the floodpjlein habitat assessment conclUdes that the pEgieeplle_e2ceecledleillaye_aapilyeleeLeffeeppo
nsUrance 1Prepramin 11")upt So U rIK1.., the qp„plIIIcant shall° mitigate thoseirppacts. SUCh mIItig.gdon shall° be
consistent wit(Lerin addition fe, arliylnitpation rep rod l2y this Crippler and shall be incop2grated into
Activities from FlloodpilaIIn IldabIItat Assessment. A flloodpiaIIn habIItat assessment not rq.gbIIred
under the folIllowIIIN drcurnstances.
Service Under the Illllllndarldered Species Act.
b. Repair or remodoillug of aril existipa structure, if the repair or remodellirle is not a SU stantial
,111.0...1.2.Y.f1112111.„.
c. Illllllxp..ansion of aril existirnetructlf re that is no greater than 10 percent beyond its existialfootprint;
plovided, that the repairs or rennodelliritg. is not a substantial iraproverneriL or a repair of
1 ow
JEiLlbelfeed2y.pLitieiLePaJIL2LagslapeLliatellmenejlppaleEpplEkgfprip,
•
Page 32 of 44
d. Activities with the s®Ile purpose of creating...restoring, or enhancing.ruati.urall functions provided
the activities do not liruclli.ude construction of stn.ucti.uresiii„ grading.fill, or lima ervlio.s si.ullaces.
e. I:)evello n.rerut of o ern space and recreat,iio.all faciilliitiies such as parks and traiills that do not
nclli.ude structures, flillll„iii nr erviio..us si.unfaces or renrovall of more than 5 ercent of the native
ve etatiion on that portion of the property in the re i.ullat,or fllood Ilaliru.
f. IRepaiir to on -slice sego systernsiiprovidedtheiiiiground disturbance its the minimum necessar .
P. Other minor activities considered to have no effect on Illisted species.. as interpreted using If:::::SA
i.ulidaruce. issued by the INatiio.all 1E....9od Insi.urance, 1Pro rang iiru IP..0 et Sound and confined
through .....QlitY.... review ....of...the:...devell.a.211.12! ......p."o1a aaIL:.........
11$„45„1158 Vegetation IIProtectiion and Management
A. Purpose, Obi tiktes...a.n.d--Applii.Gabillfty.
1.The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the critical areas and their buffers;
b. Establish requirements for removal of invasive plants at the time of development or re -development of sites;
c. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive
species and promote ecosystem processes.
I ...ApplliicabiiIliity
rN:91s cN:� ➢;arc r >c s fc�rtF r!,ylc s r rc i.ulafions fo control nnainfenance and clearin ° of frees within floe Cif of Tukwila
for a.p.. ties located within a critical area or its associated buffer, For
'i.urisdiction the maintenance and removal of vegetation ovc
.rIN�........f3..:.. :......r. g..!......I:::::.orc>.r.Y......!.......Frpp....r.N.:➢....9ater shall govern tree removal on
w.._II)c n icy 11 c sj c rn % � II..IDIR float is develo,.Ted with a sin- le Tamil residence. tIM Claaater 18 5 "Il....andscaae
f gig uiremennts" shall„overn floe maintenance and removal of landscai ira,° on develo,.Ted pro) erties th
commercial industrial or multifamily.,and on properties located in the II....II)IR zone that are developed with a non-singIe
fem...y rc si c p jgi !:use ..... nnc�s s rirn cant re- i.ulations shall aa,al in case of a conflict.
lag. Vegetation Retention and Replacement.
1. Retention
.........................................................
e}o.
arm
ies located within the Shoreline
44 "Shoreline Qverla
nv undevelo...Ted land and anv land zoned
ham
e zoned
.p.p.I.y......te
Native vegetation in critical areas and their buffers must be protected and maintained. No removal of native
vegetation is allowed without prior approval by the City except in cases of emergency where an imminent hazard to
public life, safety or property exists. Vegetation may be removed from the buffer as part of an enhancement plan
approved by the Director. Enhancements will ensure that slope stability and wetland quality will be maintained or
improved. Any temporary disturbance of the buffers shall be replanted with a diverse plant community of native
northwest species.
1 , Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from a critical area or its buffer except steep
slopes without a permit if removal does not utilize heavy equipment c: nrbicide.he use of herbicide byiiig licensed,
contractor uvitla certifications as noeded 'from tlae yVaslain°ton II.:)e,aartment of Il.coloy and the Waslain ton
Page 33 of 44
eaartnnent of Agriculture is permitted but re i.uires notification prior to aa,alication to the Cif and shall cone al with
FM(; 18.45.158.11E3. Invasive vegetation removal on steep slopes requires prior City Ad„pproval
c. Hazardous or defective trees, as defined in TMC 18.06, may be removed from a critical area if threat posed by
the tree is imminent. If the hazard is not obvious, an assessment by a certified professional, as defined in TMC
18.06, may be required by the Director. Dead and hazardous trees should remain standing or be cut and placed
within the critical area to the extent practicable to maximize habitat. Tree replacement in accordance with this
chapter is required for any hazardous tree removed from a critical area.
In the case of development or re -development, as many significant trees and as much native vegetation as
possible are to be retained on a site, taking into account the condition and age of the trees. As part of a land use
agaalication, incli.udin. .4tu..as but not limited to subdivision or short_plat.,.. design review or building permit o'ect
review, the Director of Community Development or the Board of Architectural Review may require alterations in
the arrangement of buildings, parking or other elements of proposed development in order to retain significant
vegetation.
.e.......ee .i.
ign fioant tree s Rats
L.....:f+.anr
+t
. .. y tree at.....i... a ess.... o ai:flak trails-ar-tfee at....pFe t.....a.n...f +alir t
sae' 4 t+uresrte....p,.y be.... W.e::..., r 4 ...;.,,;',:....' :....
approv e:::::::.:.......I:::::.actors tF a w+l.l.......bc con',D+der,° a+a .......t „ e....... e....... tree
cond+tiowa•Rd e th a fe.,..riAs to stru.0 teres,-aJ...pcate t+a14... roet..car `a4of 444146-
P2.....Permit Requhroments. Prior to any 44/aFekaus--tree removal or site clearing unless it is part of Special
Permission approval for interrupted buffer, buffer averaging or other critical areas deviation, a Type 2 Critical Area Tree
Removal and Vegetation Clearing Permit application must be submitted to the Department of Community Development
(DCD) containing the following information:
a. A vegetation survey on a site plan that shows the diameter, species and location of all significant trees and all
existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and trees to be removed and provides a table
showing the number of significant trees to be removed and the number of replacement trees required.
c. Tree protection zones and other measures to protect any trees or native vegetation that are to be retained for
sites undergoing development or re -development.
d. Location of the OHWM, stream buffer, wetland, wetland buffer, steep slope or any other critical areas with their
buffers.
e. A landscape plan that shows diameter, species name, spacing and planting location for any required
replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if required by DCD.
g. An application fee per the current Land Use Permit Fee resolution.
3. Criiteriia for Tree IReimovall iin a Criitiicall Area or Rs buffer
..................................................................................................................................................................................................................................................................................................................................................
A.....IT..Y.V:.g..........Crib.ir...l......rp.......rrc c....lfnnv..1........!......Vicetation Clearing Il::a
complies wi i t....e fc�lIc�wirn criteria as a ,alicable:
he site is i.unde
...........................................................................................
oin a develorrnent or redevelopment:
rmit [all only be anararoved if the naroraosaI
Page 34 of 44
b. Tree Doses a risk to structures:
c. There is imminentpotential for root or canopy interference with utilities;...
d. Trees interferes with the access and passage on public trails;
e. Tree condition and health is poor, the City. may require an evaluation by an International Society of
&122ti.§.1a.... ISA certified arborist
f. Trees]present an imminent hazard to the Dublic. If the hazard is no a D :)aren mayrequire
an evaluation by an International Societ
certified arborist and
. The Dro:)osal complies with tree retentioa,...mlacemeil, maintenance and monitoriry uiremen s of
this Chapter.
44. Tree Renlacement Re uhrements .Where permitted, significant trees that are removed,111e- all o:ned or
pruned b more than 25% within a...4-em critical areas shall be replaced pursuant to the tree replacement requirements
shown below, up to a density of 100 trees per acre (including existing trees). nificant trees that are Dart of an
approved landscape Dlan on the develo:)ed portion of the site are subject to replacement
Jyl.a.- trees removed that are Dart of an a D)roved landscape Dlan on the develo:)ed portion of the site shall be re21.2ge.d,
at 1:1 ratio in the next a D)roxiate Dlantiry season. Dead or d ing trees located within the critical area or its buffer shall
be left in Dia e ac' wildlife sna- s unless the o structures facilities or he public. Removal of dead
Jyl.a.- or otherwise hazardous roes in non....develo:)ed areas are sub.egt.12.thelep].g..gemg:Le:uirements listed in he
Table below. The Director may require additional trees or shrubs to be installed to mitigate any potential impact from
the loss of this vegetation as a result of new development.
Tree Re lacement Re uirements
Diameter* of Tree Removed (*measured
at height of 4.5 feet from the ground)
Number of
Replacement Trees
Required
4_ 6 inches (single trunk);
2 inches (any trunk of a multi -trunk tree)
3
Over 6 - 8 inches
4
Over 8 - 20 inches
6
Over 20 inches
8
" MC 18.52. Dead or
147-If all required replacement trees cannot be reasonably accommodated on the site, the applicant shall pay into
a tree replacement fundtbssthstancMsd:,.......11:19 i;;;fee resolution.
ocs locat 7ati. of" „ bel-04-pla cc as-w+I
they —pas ant a hazard to struetu-res-Hfeeilirties or tri,e—p-hitalia-Paa-d—ar—dyi.
1:1 in the next -ape
1.2-Jobbing of trees is prohibited and will be regulated as removal sutliscUst..wit.i::i tree replacement requirements
listed 'above4
Page 35 of 44
1... Pruning of trees shall not exceed 25% of canopy in a th , d... ,a-r36...month period. Pruning in excess of 25%
canopy shall be regulated as removal with tree replacement required per table; listed above.-- Trees may only be
pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director as
part of Type 2 Critical Area Tree Permit. The pruning must be carried out under the direction of a Qualified Tree
Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall
be maintained to at least 2/3 the height of the tree prior to pruning.
D. Tree Protection
All trees not proposed for removal as part of a project or development shall be protected using Best Management
Practices and the standards below.
1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable,
shall be identified on all construction plans, including demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with
appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the
tree.
3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed
around each individual tree or grouping at the CRZ.
4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree
(height and canopy) as follows:
a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk
diameter.
5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the
Director.
6. A weatherproof sign shall be installed on the fence or barrier that reads:
"TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil
disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of
this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to
construction activity that results in the death or necessary removal of the tree is subject to the Violations section of
TMC Chapter 18.45."
7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree
Professional, prior to beginning construction or earth moving.
8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior
to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under
the direct supervision of a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the
trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental
water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's
report to prepare the trees for the stress of construction activities.
10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of
permanent heavy structures or items shall occur within the CRZ.
11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes
within 10 feet of the CRZ shall be approved by the City prior to implementation.
12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the
proposed development.
13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions.
14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by
the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree
Professional.
Page 36 of 44
DE. Plant Materials Standards
For any new development, redevelopment or restoration in a Critical Area, invasive vegetation must
be removed, and native vegetation planted and maintained in the Critical Area and its buffer.
1. A planting plan prepared by a qualified biologist shall be submitted to the City for approval that shows plant
species, size, number, spacing, soil preparation irrigation, and invasive species removal. The requirement for
a biologist may be waived by the Director for single family property owners when the mitigation area is less than 1500
sq. ft.
2. Invasive vegetation must be removed as part of site preparation and native vegetation planted in the Critical
Area and its buffer where impacts occur.
3.. Removal of invasive species shall be done by hand or with hand-held power tools. TN.gq...i.u.q...of„.herbicide l y..
licensed contractor witch certifications as needed from the Wasi�in° ton If.:)e,aartrment of Il:::::colo and the Wasi yin° ton
...................................................................................................................................................................................................................................................................................................................................................................................
) partrment of Agriculture is pgrmitte d......b ut s.q.uigs.....npti„Ci,c tjion prior to application to the City and shall comply with
IBC„ Where not feasible and mechanized equipment is needed, the applicant must obtain a Type 2
permit prior to work being conducted. Removal of invasive vegetation must be conducted so that the slope stability, if
applicable, will be maintained_and„_rggtive ve etation is pprotected. A plan must be submitted indicating how the work will
be done and what erosion control and tree protection features will be utilized. Federal and State permits may be
required for vegetation removal with mechanized equipment.
4. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided
for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat
grazing. The method selected shall not destabilize the bank or cause erosion.
5. A combination of native trees, shrubs and groundcovers (including but not limited to grasses, sedges, rushes
and vines) shall be planted. Site conditions, such as topography, exposure, and hydrology shall be taken into
account for plant selection. Other species may be approved if there is adequate justification.
6.. Non-native trees may be used as street trees in cases where conditions are not appropriate for native trees (for
example where there are space or height limitations or conflicts with utilities).
7.Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape
Association —ANLA).
8. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred
for buffer plantings. Willow stakes must be at least 1/2-inch in diameter. For existing developed areas refer to
landscaping chapter TMC 18.52 for plant sizes in required landscape areas.
9. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring
the vegetation's long-term health and survival. Irrigation is required for all plantings for the first three years as approved
by the Director.
10. Plants may be selected and placed to allow for public and private view corridors with approval by Director.
11. Native vegetation in Critical Areas and their buffers installed in accordance with the preceding standards shall
be maintained by the property owner to promote healthy growth and prevent establishment of invasive
species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according
to the approved maintenance plan.
12. Critical Areas including steep slopes disturbed by removal of invasive plants or development shall be replanted
with native vegetation where necessary to maintain the density shown in Table below. and must be replanted in a
timely manner, except where a long-term removal and re -vegetation plan, as approved by the City, is being
implemented.
Critical Area Buffer Vegetation Planting Densities Table
Plant Material Type
Planting Density
Stakes/cuttings along streambank
(willows, red osier dogwood)
1 - 2 feet on center or per
bioengineering method
Shrubs
3 - 5 feet on center, depending
on species
Page 37 of 44
Trees
d
15 — 20 feet on center,
epending on species
Groundcovers, grasses, sedges,
rushes, other herbaceous plants
1 —1.5 feet on center,
depending on species
Native seed mixes
5 - 25 lbs. per acre, depending
on species
13.The Department Director, in consultation with the City's environmentalist, may approve the use of shrub
planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed
as a measure to control invasive plants and increase buffer function.
IEIF. Vegetation Management in Critical Areas The requirements of this section apply to all existing and new
development within critical areas.
1.Trees and shrubs may only be pruned for safety, to maintain access corridors and trails by pruning up or on the
sides of trees, to maintain clearance for utility lines, and/or for improving critical areas -hope -fine ecological function. No
more than 25% may be pruned from a tree within a 36 month period without prior City review. This type of pruning is
exempt from any permit requirements.
2.Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly
unless on site storage is approved by the Director. II'rr...IKiri° Coi.unt Noxious Weed Control Pro- rarm ° i.uidelines
i.ulated noxious weeds need to be disposed of in the landfill/trash and ncn...re° dated noxious weeks
of lrigreen waste or comVDosted on site.
3.Use of pesticides.
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the critical area or its buffer
except where:
(1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of
the infestation, site characteristics, or the characteristics of the invasive plant species rid _hIc rl i,c,idc is.... rrm„in d to
be bast ecolo- icall irmcactfi.ul;
(2) The use of pesticides has been approved by the City through a comprehensive vegetation or pest management
and monitoring plan.,...or...g...lK.i,!r.. Count Noxious Weed Control 11='rograrm IfII3est (Management 11='ractices document;
(3) The pesticide is applied in accordance with state regulations;
(4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and
(5) The use of pesticides in the ,cjitiggLateas-heFe4ifie jurisdiction is approved IR-veiting by the City and the applicant
presents a copy of the Aquatic Pesticide Permit issued by the Department of Ecology or Washington Department of
Agriculture,
b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive
areas of turf shall implement an integrated turf management program or integrated pest management plan designed
to ensure that water quality in the Critical Area is not adversely impacted.
4.Restoration Project Plantings: Restoration projects may overplant the site as a way to discourage the re-
establishment of invasive species. Thinning of vegetation without a separate Type 2 Special Permission or critical area
tree permit may be permitted five to ten years after planting if this approach is approved as part of the restoration
project's maintenance and monitoring plan and with approval by the City prior to thinning work.
IF . Maintenance and Monitoring.
n be disposed
The roraerty owner is required to ensure the viability and long-terrn health of vegetation ralanted for reralacernent
or rniti ation through raroraer care and raintenance for the life of the raroiect si..ub'ect to g)ermit regi.uirements as follows:
.arc c...11:.r.➢:.I.grr.!.r.!r.....g.!r.....Vc getatIon In If
m t Ifzeauirements
Page 38 of 44
. Schedule an inspection with the Urban Environmentalist to document planting of the correct number
and .....type ....qf....12.I a rn t s.
b. Submit t annual documentation of tree and vegetation health for three years.
..................................._............................................................................................................
c storation...and....IMjiti ration IIProject Ikequirements.
..._A five-year monitoring and maintenance plan must be approved by the City prior to permit issuance. The
monitoring period will begin when the restoration is accepted by the City and as -built plans have been submitted.
b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring period. Reports
shall measure survival rates against project goals and present contingency plans to meet project goals.
c. Mitigation will be complete after project goals have been met and accepted by the City environmentalist.
......A performance bond or financial security equal to 150% of the cost of labor and materials required
for implementation of the planting, maintenance and monitoring shall be submitted prior to City acceptance of
project.
18.45.160 .SermItive-AreaglifigkAag, Master Plan Overlay
A. The purpose of this section is to provide an alternative to preservation of existing individual wetlands,
watercourses and their buffers in situations where an area -wide plan for alteration and mitigation will result in
improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through
the strict application of the provisions of TMC Chapter 18.45.
B. The City Council may designate certain areas as Se ws iive--Area ➢„iiiicallA➢„ea Master Plan Overlay Districts
for the purpose of allowing and encouraging a comprehensive approach to seu=wst ve.... areacr t;licall _alga protection,
restoration, enhancement and creation in appropriate circumstances utilizing best available science. Designation of
meter=wsiitiiwe----AreaCi'jifliicall Area Master Plan Overlay Districts shall occur through the Type 5 decision process
established by TMC Chapter 18.104.
C. Criteria for designating a terw iitiive---Af.e w l iiflic all„_A➢„oa Master Plan Overlay District shall be as follows:
1. The overlay area shall be at least 10 acres.
2. The City Council shaft- find that preparation and implementation of a Ser=wsttiive---AroaCl iiv licalll Area
Master Plan is likely to result in net improvements in serw+sttiive---areacl iivflcall, _alga functions when compared to
development under the general provisions of TMC Chapter 18.45.
D. Within a meter=wsttiive-Af.eaCl iiitiiicalll Area Master Plan Overlay District, only those uses permitted under TMC
Sections 18.45.070, 18.45.090 and 18.45.110 shall be allowed within a Category I wetland, a --Type..... t(-S)
watefeeefse.......or t e,.
. � �, �wf.uts u ers.
...............
E. Within a terw iit,live--AFeaCl iiIEgall„_Aida Master Plan Overlay district, the uses permitted under TMC 18.45.070,
18.45.090 and 18.45.110 and other uses as identified by an approved meter=wsttiive..AreaCi iiitiicall,..A!rea Master Plan shall
be permitted within Category III and Category IV wetlands and their buffers; and within Type .2 fF.T...:... -(Np3 and 4
fNs)$ watercourses and their buffers, provided that such uses are allowed by the underlying zoning designation.
F. A teneiitiiwe--AFeaCiiiitiiicalll Area Master Plan shall be prepared under the direction of the Director of
Community Development. Consistent with subsection A, the Director may approve development activity within a
meter=wsiitiive-Ar-ea i'jiflic all„_Ai o a Overlay District for the purpose of allowing and encouraging a comprehensive approach
to sen iitiiwe--area i lligall„_ leas protection, creation, and enhancement that results in environmental benefits that may
not be otherwise achieved through the application of the requirements of TMC Chapter 18.45.
G. The Director shall consider the following factors when determining whether a proposed Seu=wsiitiive
Area,G...lic ll_Aia.: s Overlay and Master Plan results in an overall net benefit to the environment and is consistent
with best available science:
1. Whether the Master Plan is consistent with the goals and policies of the Natural Environment Element
Page 39 of 44
and ...the _ShoreHnesII;II „! r !i lid„ ap„p....cabllle„} of the Tukwila Comprehensive Plan.
2. Whether the Master Plan is consistent with the purposes of TMC Chapter 18.45 as stated in TMC
Section 18.45.010.
3. Whether the Master Plan includes a Mitigation Plan that incorporates stream or wetland restoration,
enhancement or creation meeting or exceeding the requirements of TMC Section
18.45.090 and/or TMC Section 18.45.110 , as appropriate.
4. Whether proposed alterations or modifications to serfsiitiive....aareaacritijic ll areas and their buffers and/or
alternative mitigation results in an overall net benefit to the natural environment and improves serwstt,,iiwe--a+eaclii.;licall
rareaa functions.
.........................
5. Whether the Mitigation Plan gives special con sideration to conservation and protection measures
necessary to preserve or enhance anadromous fisheries.
6. Mitigation shall occur on -site unless otherwise approved by the Director. The Director may approve off -
site mitigation only upon determining that greater protection, restoration or enhancement of sea~wsttiive..a.reac!, li.;lic all areas
could be achieved at an alternative location within the same watershed.
7. Where feasible, mitigation shall occur prior to grading, filling or relocation of wetlands or watercourses.
8. At the discretion of the Director, a proposed Master Plan may undergo peer review, at the expense of
the applicant. Peer review, if utilized, shall serve as one source of input to be utilized by the Director in making a
final decision on the proposed action.
H. A terws4iiwe....A e•dC.l ii ,licgll _ ,!„ a Master Plan shall be subject to approval by the Director of Community
Development. Such approval shall not be granted until the Master Plan has been evaluated through preparation of an
Environmental Impact Statement (EIS) under the requirements of TMC Chapter 21.04. The EIS shall compare the
environmental impacts of development under the proposed Master Plan relative to the impacts of development under
the standard requirements of TMC Chapter 18.45. The Director shall approve the CI ii licall !„a ager=ws we ---Area Master
Plan only if the evaluation clearly demonstrates overall environmental benefits, giving special consideration to
conservation or protection measures necessary to preserve or enhance anadromous fisheries.
(Oi d 2301 §1 (pw rt , 2010)
18.45.170 .Criticall Are iti AreasCri ical Areas Tracts and Easements
A. In development proposals for planned
ed residential or mixed use developments, short subdivisions or
subdivisions, and boundary line adjustments and binding site plans, applicants shall create serwsttiiwe----aweaclii ;licgll
alggs tracts or easements, in lieu of an open space tract, per the standards of the Planned Residential Development
District chapter of this title.
B. Applicants proposing development involving uses other than those listed in TMC Section 18.45.170A, on
parcels containing &ea~w iiwe--.awea;,_IitJic;all are as or their buffers, may elect to establish a sen&iitiive--awea,,ilitlic.11 are as
tract or easement which shall be:
1. If under one ownership, owned and maintained by the owners4;
2. If held in common ownership by multiple owners, maintained collectively; or
3. Dedicated for public use if acceptable to the City or other appropriate public agency.
C. A notice shall be placed on the property title or plat map that ser=wsiitiiwe..areas,!, li.;licgll„_ al g a tracts or easements
shall remain undeveloped in perpetuity.
(Oi"d 2301 §1 (part), 2010)
18.45.180 Exceptions
A. REASONABLE USE EXCEPTIONS —
1. If application of TMC Chapter 18.45 would deny all reasonable use of the property containing etllans;
water-cevarsesrr, caESli„galed.....gr kajl....... La d ... or their buffers, the property owner or the proponent of a development
proposal may apply for a reasonable use exception.
2. Applications for a reasonable use exception shall be a Type 3 decision and shall be processed
pursuant to TMC Chapter 18.104.
3. If the applicant demonstrates to the satisfaction of the Hearing Examiner that application of the
provisions of TMC Chapter 18.45 would deny all reasonable use of the property, development may be allowed
that is consistent with the general purposes of TMC Chapter 18.45 and the public interest.
Page 40 of 44
|
/
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/
4. The Hearing Examiner, in granting approval of the reasonable use exception, must determine that:
n. There is no feasible on -site nKornnUvo to the proposed activities, including reduction in size or
density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project
implementation, change in timing of activities, revision of road and lot layout, and/or related site planning that would
allow nreasonable economic use with fewer adverse impacts tothe .
b. As n result of the proposed development there will be no unnaoeonnb|o threat to the public
health, safety orwelfare onoroff the development proposal site.
c. Alterations permitted shall bothe minimum necessary toallow for reasonable use ofthe property.
d. The proposed development iecompatible in design, eco|o and use with other development with
similar site constraints in the immediate vicinity of the subject property if such similar sites exist.
e. Disturbanceof been minimized
the greatest extent possible.
�o]'ho inability to derive reasonable use of the property ienot the result of:
/1\ n segregation or division of larger parcel on which n rooeonnb|o use was pormittnb|o after
the effective date ofSensitive Areas Ordinance No. 1599'June 1O'1991;
/2\ actions by the owner of the property (or the owner's agents, contractors or others under the
owner's control) that occurred after the effective date ofthe ordinance
provisions that prevents or interferes with the reasonable use of the property; or
/3\ n��oUonof h naoeordinnnco�
` ' - -' '-====__-�--- '
g-. h. The Hearing Examiner, when approving n reasonable use exception, may impose
conditions, including but not limited tonrequirement for submission and implementation of an approved mitigation
plan designed to oneuna that the development:
U\ complies with the standards and policies of th c o the
extent feasible; and
(2) does not create nrisk ofdamage toother property ortothe public health, safety and welfare.
�iAppmvn|ofnreasonable use exception shall not eliminate the need for any other permit or
approval otherwise required for nproject, inc|udingbutnot|imitodtodoeignroviovv.
B. E8VERGE0CJE8—A|tomtioneinroeponeotonnomorgoncythotpoeoennimmodiotothroottopub|ichoo|th'
safety or welfare, or that poses an immediate risk ofdamage to private property may be excepted. Any alteration
undertaken as an emergency shall be reported within one business day to the Community Development Department.
The Director shall confirm that an emergency exists and determine what, if any, mitigation and conditions ehoU be
required to protect the health, enfeb/' wm|tona and environment and to repair any damage to the
�[�a.and its required buffers. Emergency work must boapproved bythe City. |fthe Director determines that the action
taken, or any part thereof, was beyond the scope of an allowed emergency action, then the enforcement provisions
ofTIVICSection 18.45.195shall apply.
((ml 236�����(ml 2301 §1(part),2010)
Page 41of44
B. appeal ofn finaldecisionmade by the Community Development Department, pursuant to
T�CChoptor18.45'shall be an nppoo| of the underlying permit or approval. Any such appeal shall
Uoprocessed pursuant toTMCSection 18.108.020 and TMCChapter 18.110.
In considering nppoo|e of decisions or conditions, the following shall boconsidered:
1. The intent and purposes ofthis mdinonoe;
2. Technical information and reports considered bvthe Community Development Department; and
"� Findings of the Director, which ehoU be given substantial weight.
C. yestjnq P[0ieCtS are vested to critical area ordinance in effect at the time a C00
site plans and shoreline permits. Short plats or
S..ij b 0 Y i..s i..o n s o r b..1 n 0 1 n..'i sit lans are vested to the critical area ordinance in effect at the time comr)lete
Si��
1,, gEmits on the lots remain vested to that same critical areas ordinance in effect for the 1,, Egliminary
plat or
1,, �g11m1naj1.ijnd_ins1te, �,,)lan a�,,),)llcatlon �so lo�nq g�� L�.!Ildlngj qgnits are al, plied [or witHin five ears al' the,
1.1d s ord.inance bgIld.1n, ermits on the lots shall be considered under the critical areas ordinance in effect on
Sare submitted
Sa[e r,)rovidedin
1)
�MC 18,44
18.45.195 ViolationsAppeids
A. VIOLATIONS. [:::.allure to cc m t a n re, uirement of this chaL)ter shall be deemed a ilolatlion suUect
. The following actions shall b8considered
nviolation ofthis chapter:
1. Touse, construct ordemolish nstructure orto conduct clearing, oorth'movng'construction orother
development not authorized under n Special Permission, Reasonable Use orother permit where such permit is
required by this chapter.
2. Any work that is not conducted in accordance with the p|one' conditions, or other requirements in n
pf, onnit approved pursuant to this chapter, provided the tonne or conditions are stated in the permit or the
approved plans.
3. To remove or deface any sign, notice, complaint or order required bvorposted in accordance with
this chapter.
4. To misrepresent any material fact in any application, plans or other information submitted to obtain any
use, buffer reduction ordovo�pmontnuthohzo ion.
5. To�oi|�o-comp|y-with tho-naquiromonte-of this chapter.
T. ItQOV
/e
e plannor of Fee
�
'
TIES.
gny violation of any pn}Yisk}O Of this chapter, or
failure tocomply with any ofthe requirements ofthis chapter, shall be subject to the ponnKioe prescribed in TMC
Chapter 8.45' "EOh}Dce08Ot�"
Page 42 of 44
1 It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter that
a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the
work erroneously believed a permit had been issued to the property owner or any other person.
3. Penalties for Tree (Removal
.........................................................................................................................................................................
..........in addition to any other penalties or other enforcement allowed by law, an person wl•oo fails to connal
with th provisions of this chapter also slhall be subject to a civil penalty assessed against the property owner as set
forth l..erein. Each i.unlawfull removed or dame • ed tree sl•oall constitute a separate violation.
b. Removal or lama° e of trees without aptplyin° Cor and obtainin° re° i.uired Cit a1.)roval is sub' ect to a
fine of ` 1 000 per tree or up to....the marketable value of each tree removed or damaged as determined b
Tree 1Erofessional wlhicl..ever is greater.
c. Any fines paid as a result of violations of this chapter sl•oall be allocated as follows: '75% paid into the
ity.'s...... Tree .....1u0d.,....2ba/%....into ...the ....General .....1:::::und......
d. ITl•oe II:)irector may elect not to seek penalties or may reduce the penalties if l..e/sl..e determines the
circumstances do not warrant im position of an or all of the civil penalties.
e. Penalties are in addition to the restoration of removed trees throw. l•o the remedial measures listed in ITIMC
.............................................................................................................................................................................................................................................................................................................................................................................................
Section 18.5 ..200.
........................................................................................................
f. It sltall not be a defense to tloe prosec..ution fora failure to obtain a permit re° ilred b this chapter that a
contractor si.ubcontractor per~>on witl„o responsibilit on tl g site or person ai.utloorizin° or directing the work erroneously
believes a permit was iss..ued to tl..e pro,pert owner or an otl..er person.
E-L.REMEDIAL MEASURES REQUIRED. In addition to penalties assessedp.
the Director s...a...may require any person conducting work in violation of this chapter to mitigate the impacts of
unauthorized work by carrying out remedial measures.
...:...........„„:11;;4taedial.........meosuros.........must......... t• is An..Y....!..Ilcgal removal of re°i.uired
trees shall be subject to obtaining a free Permit and replacement with trees that meet or exceed the functional value
of the removed trees.
......................................................................................................................
to replace the tree canonp lost di.ue to tl�e tree removal additional trees mi.ust be ,planted on site . 11='a me nt shall be
made into the Cit "s Free; I::::und if the number of replacement trees cannot be accommodated on.site. The number
of replacement trees re° i.uired will be based on tl oe size of tl oe trees removed as stated in Table 11::3.
v:r. rloe applicant sloall satisfy the permit provisions as specified in tlois cloapter.
fl. remedial measures must conform to the purposes and intent of this chapter. In addition remedial me asi.ures mi.ust
!.ggt...t.N.:pe...st..nda.rd.>....>.➢:.ec.fie.!.....!.!r....tN:9.i.>....r.N.:pa➢;ater:.
5. lkemedial measures must be completed to the satisfaction of the (Director within 6 months of the date a (Notice of
Violation and Order is issued pursuant to ITIMIC Chhapter 8 b or within the time period otherwise specified b the
I:)irector.
...............................................
6.,.......The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property
owner and/or applicant. _Upon _ laf a„gpplicant''s failure to implement required remedial measures, the II:)irector may
redeem m aIl or arpy portjon of an seci.pplicant to implement such remedial measures pi.ur>i.uant
tg tloe provisions of th . chapter.
18 45,19°7 Enforcement
..............................................................................................................................................................
A. C ennerall,. In addition to the (Notice of Violation and Order measures prescribed in ITIMIC Cl•iapter t3. 5, the
Director ma take an or all of the enforcement actions prescribed in this chapter to ensure complian
rem a violation of this cl•oapter and/or wl•oen immediate din°er exists to the pi.ublic or ad'acent pro,pert as
...................................
� . rloe II::)irector ma post the site with a "Sto,p Work" order directim tlgat all ve° station clearim not authorized
under a (Tree )Permit cease immediately.'The issuance of a "Stop Work" order may include conditions or other
re° i.uirements wl•oicl•o must be fulfilled before clearing may resi.ume.
Page 43 of 44
2...................The .....II.re ctor....maY, after written notice is given to th
"Stop ....Work" ....ordr.,...suspond car
r.................lN.c....person .....sN➢a11.....contin.ue....clearing in an area covered by a "Sto,a Work"
or revocation of a Tree Permit,....except work re- uired to correct an imminent safe t lea' rd as prescribed by the IDirector.
B. injunctive reef. Whenever the (Director has reasonable cause to believe that any person is violating or
tioreatenin° to violate this chapter or an provision of an approved Special Permission or (Tree 1Permit, the (Director m
institute a civil action in the name of the City for in'I.unctive relief to res
civil action may be instituted either before or after, and in addition to, an
by. this ....ch.a➢pter....or....1IM Chapter 8.45..
C inspection access,.
1. The Director may. irpspect a No) ert to ensure compliance with the provisions of
chapter.,.. stem....with ....TMC .....Chapter .......:5.
2 The Director may re- Loire a final inspection as a condition of a Special (Permission or tree (Permit issl.0
to ensure compliance ....w!th:p....tN:pis....chapter. .........Th:pe.....9permi process is complete upon final approval ba
e"ds yns critical orcos r,q . atl
.......4kti"s"I"'rt'�Y�tIV� 1.rt'{i�.................................................................
s,. it-rrka c� e�-c>r after th
;ivil act1 tk�e gal=rfe f...tke....E�it 1
II be ➢brae. Kieg Qe ty S+.0 erl
I.
--ABATE .... an . Any 1.11 ,e, structuf
.v.ietatien of any ltay.. do. .0nt...of..
en46ar e +➢-na.ay..h
ee Permit issued b
,onalbleO-
r+ er....�yty.fl.e.r.....pre
of ony oth8 . etiE
etivo ra4le . tcp rest
nt, or after the site h
in the violation o
ion, ppro
i hreatened violation. Such
edinq.or....
I.uthorized
ee Permit or this
i+platl areateraiaw:
se i —p,h+ .t.......te......tkfl
n of tine ,; .t lo.n.s..,...er—ia
rE 4... sectio.n.,.........s.h.e.....e.d....t
lay tkfl+ �F+ul w+l,a ➢+n.eifiaal—Uodc, Scetion
(Ord. 2301 § 1' (part), 2010)
18.45.200 Recording Required
The property owner receiving approval of a use or development permit pursuant to TMC Chapter 18.45 shall
record the City -approved site plan, clearly delineating the wetland, watercourse, areas of potential geologic
instability or abandoned mine and their buffers designated by TMC Sections 18.45.080, 18.45.090, 18.45.100,
18.45.120, 18.45.140 and 18.45.150 with
..,the King County Division of Records and Elections. The face of the site plan must include a statement that
the provisions of TMC Chapter 18.45, as of the effective date of the ordinance from which TMC Chapter 18.45 derives
or is thereafter amended, control use and development of the subject property, and provide for any responsibility
of the property owner for the maintenance or correction of any latent defects or deficiencies. dditionn ally,, the
g,ptplicant shall ➢provide data (G II' a..gr.nurvp.y...dg . for I.updatin° the CI t ''s critical area rmaps.
(Ord. 2301 §1 (pr't), 2010)
18.45.210 Assurance Device
A. In appropriate circumstances, such as when mitigation is not completed in advance of the project, the
Director may require a letter of credit or other security device acceptable to the City to guarantee performance and
maintenance requirements of TMC Chapter 18.45. All assurances shall be on a form approved by the City Attorney
and be equal to 150% of the cost of the labor and materials for implementation of the approved mitigation plan.
B. When alteration of a sef+et,iiwe---a+eacl ii,t,licall„_ai oa is approved, the Director may require an assurance device,
on a form approved by the City Attorney, to cover the cost of monitoring and maintenance costs and correction of
possible deficiencies for five years..(. -th , , , t--t.l, .'ate , ars I of ite pad ire a n +uirod,
ti, , re+ t--- 4 earity r s .' e.d.... e 10f *84 4 s and yours-d.....a : If at the end of five years
performance standards are not being achieved, an increase in the security device may be required by the Director.
Page 44 of 44
When another agency requires monitoring beyond the City's time period, copies of those monitoring reports shall be
provided to the City.
C. The assurance device shall be released by the Director upon receipt of written confirmation submitted and
confimiod by t„ac _ iit„y, to the Department from the applicant's qualified professional that the mitigation or
restoration has met its performance standards and is successfully established. Should the mitigation or restoration
meet performance standards and be successfully established in the third or fourth year of monitoring, the City may
release the assurance device early. The assurance device may be held for a longer period, if at the end of the
monitoring period, the performance standards have not been met or the mitigation has not been successfully
established. In such cases, the monitoring period will be extended and the bond held until the standards have been
met.
D. Release of the security does not absolve the property ownerofresponsibilityformaintenanceorcorrecting
latent defects or deficiencies or other duties under law.
(Ord, 2301 §1 (prt), 2010)
18.45.220 Assessment Relief
A. FAIR MARKET VALUE — The King County Assessor considers se•ns# live-•areaac.rftlicall _al ea regulations in
determining the fair market value of land under RCW 84.34.
B. CURRENT USE ASSESSMENT— Established sen44iive---aareac.rftilrall„_ai„ea tracts or easements, as defined in
the Definitions chapter of this title and provided for in TMC Section 18.45.170, may be classified as open space and
owners thereof may qualify for current use taxation under RCW 18.34; provided, such landowners have not received
density credits, or setback or lot size adjustments as provided in the Planned Residential Development District chapter
of this title.
C. SPECIAL ASSESSMENTS — Landowners who qualify under TMC Section 18.45.220 B shall also be
exempted from special assessments on the ser=wsiitiive--area,ci'j sAll„_alga tract or easement to defray the cost of municipal
improvements such as sanitary sewers, storm sewers and water mains.
(Ord, 2301 §1 (prt), 2010)
TMC 118.'70 050 Nonconforming Structures
Where a lawful structure exists at the effective date of adoption of this title that could not be built under the terms of
this title by reason of restrictions on area, development area, height, yards or other characteristics of the structure, it
may be continued so long as the structure remains otherwise lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that increases its degree of nonconformity. Ordinary
maintenance of a nonconforming structure is permitted, pursuant to TMC Section 18.70.060, including but not limited
to painting, roof repair and replacement, plumbing, wiring, mechanical equipment repair/replacement and
weatherization. These and other alterations, additions or enlargements may be allowed as long as the work done
does not extend further into any required yard or violate any other portion of this title. Complete plans shall be
required of all work contemplated under this section.
2. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time
of destruction, in the judgment of the City's Building Official, it shall not be reconstructed except in conformity with
provisions of this title, except that in the LDR zone, structures that are nonconforming in regard to yard setbacks or
sensitive area buffers, but were in conformance at the time of construction may be reconstructed to their original
dimensions and location on the lot.
3. Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the
regulations for the zone in which it is located after it is moved.
4. When a nonconforming structure, or structure and premises in combination, is vacated or abandoned for 24
consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in
conformance with the regulations of the zone in which it is located. Upon request of the owner, the City Council may
grant an extension of time beyond the 24 consecutive months.
5. Residential structures and uses located in any single-family or multiple -family residential zoning district and in
existence at the time of adoption of this title shall not be deemed nonconforming in terms of bulk, use, or density
provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions
and bulk, but may not be changed except as provided in the non -conforming uses section of this chapter.
6. Single-family structures in single- or multiple -family residential zone districts that have legally nonconforming
building setbacks, shall be allowed to expand the ground floor only along the existing building line(s), so long as the
existing distance from the nearest point of the structure to the property line is not reduced, and the square footage of
new intrusion into the setback does not exceed 50% of the square footage of the current intrusion.
7. In wetlands, watercourses and their buffers, existing structures that do not meet the requirements of the
Onto cal8er=ws!it+e Areas Overlay District chapter of this title may be remodeled, reconstructed or replaced, provided
that:
a. The new construction does not further intrude into or adversely impact an undeveloped ,cjiticalsenelltive area or the
required buffer .xce twvluea.rea an iirutearr.0 tie d buffer waver I�2
1:::::x gnd vertLicallll to add upper st,oriies lira exc.aru e for buffer enhancennent zpvkied no sli ruiiflicant tree
is reproved.
................................................................
a��u i�a�ut�d I� tWa� II.. ui �.toi. II--Voww�v�i II� �IIII
if) f::x crud Il atear allll alloru then b uiilldiiru slides that lis ou2psfte of crick all area gp to a th axlrh um of 1000 s . tt
rovlideod that ox aruslioru lis oe.utslido r earcearut of tWaea rea e.uiiread Vbe.uftoi Maffei orulh aruceomrorut lis ro osod.
.:..............:....:......:.....:...:..:w lis reaprovead.
......................................................................
Expand and Oaterafly alloppo time ex0stingoobu00d0ng Iliirues 0r0 exchap e for bluffer enhancemerut° prov0ded time
ex ansiion iiruto time bluffer its Mess than 50 percent of time current encroachment or 500 s . ff whlichever its
Mess ex ansiion its ol.utslide 5 percent of time re Loured bluffer and no sli ruiiflicant tree its removed.
iv 1:::::ndose wiittmiiru ex0stinop foot riMt iil'V exchange for bluffer enhancement` oprovded no srpnfficant tree its
removed.
b. The new construction does not threaten the public health, safety or welfare; and
c. The structure otherwise meets the requirements of this chapter.
8. In areas of potential geologic instability, coal mine hazard areas, and buffers, as defined in the C.i,li 'ijic all Sonosii +e
Areas Overlay District chapter of this title, existing structures may be remodeled, reconstructed or replaced, provided
that:
a. The new construction is subject to the geotechnical report requirements and standards of TMC Sections
18.45.120B and 18.45.120C;
b. The new construction does not threaten the public health, safety or welfare;
c. The new construction does not increase the potential for soil erosion or result in unacceptable risk or damage to
existing or potential development or to neighboring properties; and
d. The structure otherwise meets the requirements of this chapter.
9 A I mol moon-fifer+�m.: �.i�g.... µ.s......, it t. ° ....... ....:.....:....... � ��.m....a.....l=ko♦=ke(3P=kfE1.f"n*mg..:.r$-r1.Pet,Y.P1=Fa......oP,xpeiiRk.....Nl=kt:e....an.y...ot:he,f..portll(3P=k...ef
t:.t1e....He.rmec o-=mfe.rn*ig...SffH€ 0.0.4 e
CHAPTER 18.54
UR1'AN FOREST Y AND
T EE REGULATIONS
Sections:
18.54.010 Purpose
18.54.020 Scope
18.54.030 Tree Permit Required
18.54.040 Permit Submittal Requirements
18.54.050 Permit Approval Criteria, General
18.54.060 Tree Retention Standards
18.54.070 Tree Protection Standards
18.54.080 Tree Replacement Standards
18.54.090 Tree Relocation
18.54.100 Tree Fund
18.54.110 Performance Assurance
18.54.120 Liability
18.54.130 Permit Processing and Duration
18.54.140 Permit Exceptions
18.54.150 Permit Conformance
18.54.160 Soil Preparation, Plant Material and Maintenance Standards
18.54.170 Heritage Trees and Heritage Groves
18.54.180 Approved and Prohibited Trees
18.54.190 Violations
18.54.200 Remedial Measures
18.54.210 Enforcement
18.54.010 Purpose
A. The purpose of this chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and
increase tree canopy throughout the City; and to provide requirements for tree maintenance, tree retention and
protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress,
increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the
Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination
System permit.
B. In particular, the purpose of this chapter is to:
1. Protect existing trees prior to and during development;
2. Establish protections for the long-term maintenance of trees and vegetation;
3. Moderate the effects of wind and temperature;
4. Minimize the need for additional storm drainage facilities;
5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion
which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies;
6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality;
7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage
goals;
8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and
9. Establish procedures for penalties and violations of the tree code.
18.54.020 oIpeA.p.p.u'iicalhNlllity
This chapter sets forth rules and regulations to control maintenance and clearing of trees within the City of Tukwila
on any ..undevello ed land and any land zoned II....ow 11)ensllly IResiidorutuall II....II lI that, its devello ed wlit,ta a sllbialle fan.rlill
reslideruce; 11==or properties (located wiithiiru the Shorelliirue "i.uriisdiictiioru ---maintenance and removal of vegetation shall be
governed by TMC Chapter 18.44, "Shoreline Overla .". 1E.p.r propertles (located wiittaiiru a crii.Jicall area or lies assocliated
buffer, the maintenance and removal of vegetation shall be ppverned TIMC Chapter '18.45 "Cbliicall Areas". 1...M➢C
Chapter 18.52 "11....arudsca e IRe i.uliren:reruts" shall ° Quern the maintenance and removal of landscaplrig on developed
ro ertiies that are zoned con.rnrercliall iirudi.ustriiall or nri.ullliifanrlill , and on properties (located lira ttae Ii...lf.)IR zone that are
develog.)ed with a non-siiru Ile famlly. residential use. The. most striiru erut regulations shall apply case of a coruflllict,.
18.54.030 Tree Permit Required
A. Permit Required.
1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or
Heritage Tree or prior to the removal or destruction of any these trees within the City, unless the action is exempt from
this chapter.
2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the
existing crown in a two-year period.
3. A request for an exception to the requirements of the chapter shall be processed under a Tree Exception
Permit.
...............::::.re,a....ra.::r.e.,V. ..e.14..H+ 0V640p64...11.0t646-pf 0194t04..
CIE Tree Removal Exemptions. The following activities are exempt from the cettIl.requirements of this chapter
The removal of trees that are less than 6 inches in Diameter at Breast Height (DBH) on a property
zoned Low Density Residential and improved with a single-family dwelling.
Removal of no more than four trees that are 0...8" II::)II::.II...V on a mpe[ty zoned Il....ow IIDerusiit If esiid2....iall and
liar roved wiitWa a siiru Ile fanriill dwelllliiru iiru aru 38 nrorutWa eriiod so Iloru as tWae ro ert owruer se.ul�nriits a
.............p..........................................................................................g.........................................v...........................................g.................................v..............................................................1�...................................................................q............................................p............p................�'................................................................................................
tree lli„!gipyetn�(:p.!:.1'.....!.:u ve Y.A....Whlich...li!gipcll!udOS.....((eee....follllp ii.n
a. INUmber of and slizc of trees to be removed.
.........................................................................................................................................................................................................................................................................
b.11 Yee Ilocatiion of apy affected e.utiilliit Iliirues wiithlln the overhead "falll° zone" or other be.uiillt linfrastri.ucti.ure.
c.116hotos....of...the tree(s) to be....1:9..[[ove.d.:.
d.1f The method of removal and iidentiiflicatiioru of contractor; and
e.liime schedule of tree removal,.
....................................................................................................................................................................................................
;2•3. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer.
43. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious
weeds or invasive species as defined by the City of Tukwila or King County, and routine maintenance within rights -of -
way related to Interference, Sight Distance, Emergencies or Topping, as codified in TMC Chapter 11.20. Routine
maintenance includes the removal of up to 250% of the existing tree crown in a 3.6 month :t ..yea..• period.
45. Emergency actions necessary to remedy an immediate threat to people or property, or public health,
safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person,
utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the
emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be
granted at the discretion of the Director.
5. The removal of trees in the right-of-way related to a capital project that has a landscaping component
that includes trees, where there is adequate room in the right-of-way.
1. Removal of trees as allowed with a Class I -IV forest practices permit issued by the Washington State
Department of Natural Resources.
(Oid 2570 j , 2018; 02d 175 1j1 (part); 1995)
18.54.040 Permit Submittal Requirements
A. y....1ll..Fe.e....R.m a➢1.............f ..::.......:°firees, lµ: > e.rat:...fey....µ.le lit e,...:::µ:.re,e,,_1.....4....gii Aie dt
Trees...wii.t:.0 4.....e.ay...... ...0 K)fitta...... .roc.....en.....a......propenty......z:o ie,d......µ::::evW....11)e1•+Si.t:.y....-Reside., ;i.a.µ.....a.r .....Her9...o-ved.....wi.t:.t......a......,µ�.�a0µe,.....f riiµy
dwe4thig...fs...
n°aILe A
;fi.a.of.e....:
sµµ licct to tt e, 43gµµitr miegtq:J of 11a•blleA bi to• iud
II ree...tkirtyeirt ky.....Wiryµ.µk>doy...sf ialit ii•r ott.µde..t:f. e..fottowiir-µ
:..n. I.v...:Time .....Rem•ova ...f
•ufFeirti•our
)0. •itt, µt Vrµfof+irati 1..to •bie
°,1:::.ree•. III)Il l8)
•�' r•' it
eirfod tlhat f an Ilse earn edl
::n:ife.e.....p.erm.ii't..
r,aal.f: e....:::n:::.Ne.e
.Professionall-Report.?
g....g:t
4
•V we.ruE:I.ry....µiivey
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.d....:t2"-
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bows
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:.:.�.......:..t...''.e..s
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' es
.o
•RA. Permit Application. Prior to any tree removal, site clearing or work within the Critical Root Zone, a Tree
Permit application must be submitted to the Department of Community Development containing the following
information:
1. Site Plan of the proposal showing:
a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and
existing structures, utility lines, and construction limit line;
b. Identification of all Significant Trees to be removed and/or relocated;
c. Existing and proposed topography of the site at 2-foot contour intervals; and
d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction.
2. Landscape Plan for the proposal showing:
a. Diameter, species name, spacing and location of replacement trees to be planted;
b. Diameter, species name and location of all Significant Trees to be retained; and
c. Vegetation protection measures consistent with the criteria in TMC Section 18.54.060.
3. Professional review or recommendation:. ----for removal of IHVe'riita e Trees or as othe'rwiise re' e.u"re'd. A
Qe.0 alliifiie'd 11 i µ o 11= rofe'ssiioru all re' oil lis riot re' e.uiire'd for the' e'rnrlitte'd re'nrov all of tre'e's other th aru II Vo'riit a e if re'e's oru a
of :orue'd Il....ow II::)e'rusiit Ifke'siide'rutiiall stud ling roved wiith a sliru Ile' fanrlill dwe'Illlliru . Alll :11=:Fee..Pew.r+ fta shoal -re µ ul 'led
::f:.reo......11::. c4esi fo..ia.µ.....repoi ......µµr=ite ••et:fre•i ii.,e......st:.a.t:e,d...:l.rit....th &..ei a•r4e•r....o.......wfhu&FI....tho......P'.re,ot:o........detefri4iite,.....t:fr ut....tre,e......f;te.a. iugy•
&"
.....o.e,a.ffi..ug.....o.i....... k....wit:..rtri.u..... re,.......kwtu.f,a.....soot........o.Re,6-...Ray.....i.e.61..µ ....ii.n...A.,�.e,r,:,e......4rpacts-...i.ef:0*v.....rerne,-aa.......rne,a.............
0.u.µ.ttfle.rt...:::II::.m.e,....1P•rofessto.:.u.a.µ.....re.po..-t.....iis-••eet....m.. "~mod....for....t:.tro......pentnii.tted.....ie.urkwµ va.µ....of....t:.re.e......ettre.r......tha.n....II::::V fltage....:::ll:::ree......o.ru....e
tot.ao.rwe€t....11::::a „ •••DentrAty••••1444iiiiienitlat•••atiitd••••thapkoiyeEliivvith••••a••••&kiitgte•••••faft*••••itiweNiitg... The II::)irector may require a report from
a Qualified Tree Professional if replacement trees are required:,--• or when the I.lire'ctor de't;e'nmiirue's that: tree removal)
r.
slice clearlLi.g., or work wiithiiru the Crlltllcall (Root Zone mqy result lira adverse ling .acts re' e.uiiriiru re'me'dliall me'asuure's. Third
party review of the report or recommendation may be required. The report or recommendation shall address the
following:
a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees
to remain on -site;
b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees
once installed;
c. Post -construction site inspection and evaluation; and
d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial
assurance, if required.
4. A photo of the tree(s) to be impacted or removed.
5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and
other construction activities that may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline
zone.
G. SO, B ....fei, a ,....r Linthef Ffiplasement...i,rae,e,.&+eq. .ed.,....; ...an.y..
IB{:. Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items
specified in this section upon finding that the information on the application is sufficient to demonstrate that the
proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a
requirement shall not be construed as waiving any other requirements of this chapter or related regulations.
Permit Application Fee. A Tree Permit fee shall be paid at the time an application or request is filed with the
department, pursuant to TMC Section 18.88.010, except as otherwise noted in this chapter. All fees shall be paid
according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the
Tree Inventory Survey.
(Ord, 2 00 00, 2018)
18.54.050 Permit Approval Criteria, General
All Tree Permit applications shall meet the criteria outlined below for approval.
1. Existing trees will be retained on -site to the maximum extent possible as required by TMC Section
18.54.060 and as recommended in the Qualified Tree Professional report, if applicable.
2. Tree protection will be implemented as required in TMC Section 18.54.070.
3. Tree replacement willa implementedas requiredin Section unless ...no....replacement
A.
i'q' e.:uI!red.....pp':......1-MG....8. 4,,0 (......II...asY; Ile..
4. Tree replacement funds will be deposited into the City of Tukwila Tree Fund, as described in TMC Section
18.54.100, if required.
5. A performance assurance will be submitted as required in TMC Section 18.54.110.
(Ord, 2570 §6, 2018; Ord, 1758 §1(part), 1995)
18.54.060 Tree Retention Standards
A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for
development or re -development, particularly to provide a buffer between development, taking into account the condition
and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review,
design review or building permit review, the Director of Community Development or the Board of Architectural Review
may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed
development in order to retain Significant, Exceptional or Heritage non-invasive Trees.
B. �....... : '....................:.....:.................6�Y prohibitedarud
Topping
�a!�i�..:........p.11,u!�ip.!'p..�.®�....!�ra.!p...�:.�a�!hp.:�.,� f?.g.lrt:!'U.�:...®�...�t�e Teruo .........o trees isandconsidered remova........................
si.uhjgrt to i p.pllaaccmpi ut i cq!:4 Teruel i s of 111MC 18 54.080.
C. Trees located on undevelopedvacant properties is prohibited except -shall not be removed except:
1. Those that interfere with access and/or passage on public trails; or
2. When trees, including alders and cottonwoods, have been determined to be one of the following by a
Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation,
such as pruning:
a. Moderate risk with significant consequences;
b. Moderate risk with severe consequences;
c. High risk with a Target or Risk Target; or
d. Extreme risk.
3. Factors that will be considered in approving such tree removal include, but are not limited to, tree
condition and health, age, risks to life or structures, and potential for root or canopy interference with utilities.
C. If the number of trees to be removed cxcccds thc permitted amount in a 36 month period on a property zoned
Low Density Residential and improved with a single family dwelling, those trees shall be replaced based on thc
replacement requirements set forth in TMC Section 18.54.080 and Table B. The Director or Planning Commission
may require additional trccs or shrubs to be installed to mitigate any potential impact from the tree removal,
E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and
utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall
be mitigated with on- or off -site tree replacement as required by this chapter.
F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed
development to ensure its survivability during construction.
G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of
this chapter to ensure the tree canopy goals of the Comprehensive Plan are being met.
(Ord. 2570 §7, 2018; Or) 1758 §1(part), 1995)
18.54.070 Tree Protection Standards
All trees not proposed for removal as part of a project or development shall be protected using Best Management
Practices and the standards below.
1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as
applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with
appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of
the tree.
3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed
around each individual tree or grouping at the CRZ.
4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the
tree (height and canopy) as follows:
a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk
diameter.
b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk
diameter.
c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch
of trunk diameter.
5. Alternative protection methods may be used that provide equal or greater tree protection if approved
by the Director.
6. A weatherproof sign shall be installed on the fence or barrier that reads:
"TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil
disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of
this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to
construction activity that results in the death or necessary removal of the tree is subject to the Violations section of
TMC Chapter 18.54."
7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified
Tree Professional, prior to beginning construction or earth moving.
8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned
prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except
under the direct supervision of a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly
against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or
supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree
Professional's report to prepare the trees for the stress of construction activities.
10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement
of permanent heavy structures or items shall occur within the CRZ.
11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade
changes within 10 feet of the CRZ shall be approved by the City prior to implementation.
12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted
by the proposed development.
13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions.
14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary
by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree
Professional.
(Ord. 2570 §8, 2018; Ord, 1758 §l (part), 1995)
18.54.080 Tree Replacement •ram
When tree replacement is required, the site shall be planted with trees to meet the following minimum
requirements:
A. IRepllaceiment exemption for Sin Ile-familly Tree IReimovall, Except for IHeriita e 1frees the rernrovall of
properly
a a $...0ii ruiifiicarut ..Il.1ee J de endiiruonthe slue wiit,hilln any 36-month eriiod oonzonedd Il....ow II:)enwlit Ikesiiderufliall and
......................................................................................................g................................0.o.....................................................................................................................v...........................................................p.............................................................p.............p................Y.zo........................................................................................................v..........................................................................................
m roved wlit,h a siiru Ile-famlill dwellllliru its ermlitted s.ub"ect to the re i.uiiremeruts of 11ahlle A bellow.
"'V"'dlblle A
...........................................
SnwIlg:...11:'a! ihlLv.......Tree. lf;Zemovall.....wsalhoq:a....P::a:V?llage:!TVaVr!:a....11::::it„!rrniias
r s .P.D.H.)
# of Trees in 36 month
.....................................................................................................................................
!h.".Irp..2...........:4..."I.a:a.._ga!!.n............Ira!mov.a........
without ....!replacement ....(1...).
>6...8"
4
>8-n8"
2�
>n 8'''
1 and no other trees
. A combllruat!ioru of trees of different, siizes may be reproved wiithoi.ut replacement so llopg as the total) number of
trees removed does not exceed the number allllowed for the Ilar est tree removed lira a 30 n.roruth eriiod.
See ......."free ....P'gJ:!i,rli.:...Ap.pI1licatiio!nLfor:....adr'lltiionaIl.....detali.
1. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for
the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the
existing tree as shown below, up to a maximum density of ..¶ 00.7.F:f new trees per acre, generally 12-15 feet apart. If the
number of required replacement trees exceeds site capacity, payment is required into the City's Tree Fund.
2. Tree Replacement Ratios. Table B establishes tree replacement ratios when Significant, Exceptional or
Heritage Trees are removed. For properties zoned Low Density Residential and improved with a single-family dwelling,
when the number of trees permitted to be removed in a 36-month period, as shown in Table A, has been exceeded,
the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail,
ice or snow storms, and earthquakes, are not required to be replaced. Trees determined to be Defective by the City
or a Qualified Tree Professional, are not required to be replaced. Any tree removal on undeveloped properties is subject
to replacement ratios in Table B. Illegal -topping and pruning more than 25% in a 36 month period is subject to
replacement ratios in Table B.
3. The property owner is required to ensure the viability and long-term health of trees planted for
replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not
survive must be replanted in the next appropriate season for planting.
4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay
into the Tree Fund as adopted by Fee Resolution. The fcc shall be based on thc value of thc rcplaccmcnt trccs and
their delivery, labor for sitc preparation and plant installation, soil amendment, mulch, and maintcnancc costs for three
years. In some circumstances, off sitc trcc rcplaccmcnt may be allowed, subject to additional maintcnancc fees,
TABLE B Tree Replacement Requirements
bees
(,II)11311 j�
.�writ.e.f:.-IIV4et
r ee-�nepy
4e ved
t .,,�.v lent- e ,, ,,. .....f.
1::.a.11II ,m...i!�n.io for treestg
are subject to re Ilac oment �n¢
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4 e n f
e
„
Yw a-" E1 A-eq,..ft
s°. .y...:::.. ,e
> 8-18"
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.i...° r IFe
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2.
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II �� .
3
5. Tree replacement shall also meet the standards in TMC Section 18.54.160.
5 (Ord ;� b §,, 2 ; do)nl 1758 §1 (pan), 1995)
18.54.090 Tree Relocation
Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation
shall have a reasonable chance of survival.
(do)nl 2570 § 1b, 2018; do)nl 1758 §1 (pan), 1995)
18.54.100 Tree Fund
A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table
B cannot be accommodated on -site, the Director shall require payment into the Tree Fund. The fee will be based on
the current cost of the following:
1. The cost of purchasing and delivering a 2-inch caliper deciduous or 6-foot evergreen tree;
2. The cost of labor to install a tree;
3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments,
mulch, stakes, -etc.; and
4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering,
weeding, and pruning.
B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule.
C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on
sites in the City.
D. Tree funds may be used by a single-family property owner to plant one or more street trees if approved by
the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate
to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree,
pursuant to TMC Section 18.54.160.
(Ord A 2570 § 1 1, 2018; do)nl 1758 §1 (pan), 1 99 5)
18.54.110 Performance Assurance
To mitigate potential damages that may result from unauthorized tree removal or maintenance, the Director may
require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to
issuance of a Tree Permit, subject to the following provision:
1. Tree Protection Assurance. The applicant may be required to post a three year performance bond or
other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection
measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated
replacementperfall!.....! ..rk......y.lle.:u.....pf....,Wl tree:::...;tee
cost ofreplacingeac tree. The estimatedcost tree shall be the
ostatellw ed..... y o--C4y,, Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely
stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or
part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this
section have been satisfied and there is evidence that the protected trees will survive. I . I:ees...deli,qnate _ or....1etehp ,liqll
aro amagor thoy �hallll Y.o.....�e.uY�aoca to ropllcomorut:.
2. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required
to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of
replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic
fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes
irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter.
The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates
that the requirements of this section have been satisfied and there is evidence that the protected trees will survive.
:Th.e.....ie.. ~ ifieR.a:....fer....a: .e.....rRE Rtenane .....sha•i ...tie...reeof ed....e.re.t ,.....tiltle,....ef...a:.t. e.....p.i.epeft:y....a.o- ....ii.f....the.....pfepe t:.y....is_-se ll.d pRo.i......te
tte......e.. . drat
w� ien......e........the .....one .....yeah ...fep a cenaefwt.......tre,e,......nwawr=wtenanf;.o.......,poor=w,-.,.......t:he,.......,- ove opee4 ea......a.,e,h.......the,.......,nor=w,-.......to.......the
p I:ehasef,, Submission of annual photos for three years documenting that the tree is in good health will satisfy this
requirement for prope rhos zoned Il....ow If.:)eruslit Res liderutllall and nap wiit,h a ell ride -fa mlill dwell llliru , Trees that do
not survive the three year maintenance period shall be replanted and the three year maintenance period shall restart
at the time of replanting.
1 te{ tacemerµ gees --day raged...d-uf ..io....rw atu. ral...diisasters-y. s µcK as wiir .storms-....ha'it,...ice....or. sr wow siorw7 �sr ar wc1
earthct+aal,......sY salt,e....e,a.:at....tro�.r.....ta aitae.i....retallacrwerwt,
34. The applicant shall provide an estimate of the costs associated with the required performance bond or
other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City
staff's best estimate of possible costs to meet the above requirements. In no case shall the performance -assurance
exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree
replacement provisions of this chapter.
45. The performance assurances shall not be fully released without final inspection and approval of
completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance
period required in the permit.
5. Performance assurances provided in accordance with this chapter may be enforced in whole or in part
by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or
conditions.
(Ord 2570 §12, 2018; Ord 1758 §1 (pa I) 1995)
18.54.120 Liability
A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Permit,
will be the sole responsibility of the owner of the site for which the permit was issued.
B. Issuance of a Tree Permit and/or compliance with permit provisions or conditions shall not relieve an applicant
from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the
insured amount required by this chapter.
C. Nothing contained in this chapter shall be deemed to relieve any property owner from the duty to keep any
tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting
a hazard or a nuisance pursuant to TMC Chapter 8.28.
D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property
owner as a result of damages associated with any vegetation clearing.
E. The applicant shall at all times protect improvements to adjacent properties and public rights -of -way or
easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the
issuance of the permit any public or private improvements damaged by the applicant's operations.
(Oni 2510 03, 2018; Oni l75 j0 (part), /995)
18.54.130 Permit Processing and Duration
A. All Tree Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this chapter shall
be processed as a Type 2 decision.
B. If the Tree Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant
in writing of the reasons for disapproval.
C. Tree permits expire one year after the date the permit is issued.
(Ord 2570 §14, 2018; Ord 1'070 §32, 1996;
Ord 1758 §1 (part), 1995)
18.54.140 Permit Exceptions
A. Exception Procedures. An applicant seeking an exception from this chapter shall submit a Tree Exception
Permit application in addition to the Tree Permit application. Such application shall fully state all substantiating facts
and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be
granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the
City. Approval of the exception is subject to the exception criteria outlined below.
B. Exception Criteria:
1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be
created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe
conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter.
2. An exception to this chapter shall not be granted unless all of the following criteria are met:
a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use
of property.
b. Proposed tree removal, replacement, and any mitigative measures proposed, are consistent with the
purpose and intent given in this chapter.
c. The granting of the exception or standard reduction will not be detrimental to the public welfare or
injurious to other property in the vicinity.
3. In addition to the above criteria, the Director may also require review of an exception request by a third
party Qualified Tree Professional at the expense of the applicant.
18.54.150 Permit Conformance
All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans
as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to
modifying approved plans.
(Ord. 2570 §16, 2018; OA 1758 §1(part), /995)
18.54.160 Soil Preparation, Plant Material and Maintenance Standards
A. Soil Preparation.
1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches
throughout the planting area.
2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared.
3. Installation of plants must comply with Best Management Practices including, but not limited to:
a. Planting holes that are the same depth as the size of the root ball and two to three times wider than
the root ball.
b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as
necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be
removed from B&B plants prior to planting.
c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root
ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants,
ensure soil beneath roots is stable enough to ensure correct height of the tree.
d. If using mulch around trees and shrubs, maintain at least a 4-inch mulch -free ring around the base of
the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch
shall not be placed over the crowns of perennial plants.
B. Plant Material Standards.
1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free
from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -
site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown
and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off).
2. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground,
determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended.
4. Smaller plant stock may be substituted on a case -by -case basis with approval of the City's environmental
specialist.
5. Tree spacing shall take into account the location of existing and new trees as well as site conditions.
6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity,
will not interfere with the lines or require pruning to maintain necessary clearances.
C. Tree Maintenance and Pruning.
1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight
lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National
Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the
tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest
potential. Any trod prod lira oxcoss of 25% of tho canopy shall bo subtext to ro IDacomorut raflos Illistob e.urudor II MC
18.54.080.
2. All protected and replacement trees and vegetation shown in approved Tree Permit shall be maintained
in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director
in a subsequent Tree Permit.
3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with
prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or
performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained
to at least 2/3 the height of the tree prior to pruning.
18.54.170 Heritage Trees and Heritage Groves
A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the
owner of the property on which the tree or grove is located.
B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must
also meet one or more of the following criteria:
1. Has exceptional national, state or local historical significance including association with a historical figure,
property, or significant historical event; or
2. Has an exceptional size or exceptional form for its species; or
3. Has an exceptional age for its species; or
4. Is the sole representative of its species in the area; or
5. Has exceptional botanical or ecological value.
C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information
as to the tree's or grove's significance.
D. Heritage Tree or Heritage Grove Development Review.
1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director
determines that the proposed development may affect a Heritage Tree, the property owner must have a tree
preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the
Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and
retention criteria of this chapter.
2. A tree preservation plan shall be composed of the following:
a. A site plan indicating the location of Heritage Tree(s).
b. The methods to be used to preserve the Heritage Tree(s).
c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site.
The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially
change as a result of development.
3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent
parcel, as follows:
a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s)
or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall
be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict
with other adopted ordinances or conditions placed on the property.
b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land
division if necessary to retain Heritage Tree(s) or Grove.
4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type
2 permit. The Tree Permit may be approved if one or more of the criteria below is met:
a. Retention of the tree would make reasonable use of the property allowed under the current zoning
impractical or impossible; or
b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and
no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow
the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or
c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare
of the public; or
d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes,
or is no longer of historic or natural significance; or
e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists.
5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining
a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed.
6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown
shall apply for a Tree Permit and meet the following criteria.
a. The protected tree shall be pruned following acceptable arboricultural standards; and
b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be
carried out by a Qualified Tree Professional; and
c. Any other conditions necessary to ensure compliance with the goals and policies of the
Comprehensive Plan.
18.54.180 Approved and Prohibited Trees
The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are
prohibited from being planted in the City. These lists will be updated as new information becomes available.
(C)rd. 2570 009, 2018; Ord, 1758 §1(pa I), 1995)
18.54.190 Violations
A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement
pursuant to this chapter and TMC Chapter 8.45.
B. Penalties.
1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply
with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set
forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation.
2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a
fine of $1,000 per tree, or up to thfee..Niles the marketable value of each tree removed or damaged as determined by
a Qualified Tree Professional, whichever is greater.
3. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the
City's Tree Fund; 25% into the General Fund.
4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the
circumstances do not warrant imposition of any or all of the civil penalties.
5. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC
Section 18.54.200.
6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a
contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously
believes a permit was issued to the property owner or any other person.
(Ord. 2570 §2O, 2018; Ord, 1758 §1(Wail), /995)
18.54.200 Remedial Measures
In addition to the penalties assessed, the Director shall require any person conducting work in violation of this
chapter to mitigate the impacts of unauthorized work by carrying out remedial measures.
1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with
trees that meet or exceed the functional value of the removed trees.
2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment
shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The
number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B.
3. The applicant shall satisfy the permit provisions as specified in this chapter.
4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial
measures must meet the standards specified in this chapter.
5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a
Notice of Violation and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by
the Director.
6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the
property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director
may redeem all or any portion of any security submitted by the applicant to implement such remedial measures,
pursuant to the provisions of this chapter.
18.54.210 Enforcement
A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the
Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or
remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as
determined by the Director.
1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized
under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other
requirements which must be fulfilled before clearing may resume.
2. The Director may, after written notice is given to the applicant, or after the site has been posted with a
"Stop Work" order, suspend or revoke any Tree Permit issued by the City.
3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension
or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed by the Director.
B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or
threatening to violate this chapter or any provision of an approved Tree Permit, the Director may institute a civil action
in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be
instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or
TMC Chapter 8.45.
C. Inspection access.
1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or this
chapter, consistent with TMC Chapter 8.45.
2. The Director may require a final inspection as a condition of a Tree Permit issuance to ensure compliance
with this chapter. The permit process is complete upon final approval by the Director.
(Ord. 2570 §22, 2018)
CHAPTER 18.52
LANDSCAPE REUIRE ENTS
Sections:
18.52.010 Purpose
18.52.020 Landscaping Types
18.52.030 Perimeter and Parking Lot Landscaping Requirements by Zone District
18.52.040 Screening and Visibility
18.52.050 Significant Tree Retention
18.52.060 Plant Material Requirements and Tree Standards
18.52.070 Soil Preparation, Planting and Irrigation
18.52.080 Maintenance and Pruning
18.52.090 Landscape Plan Requirements
18.52.100 Request for Landscape Modifications
18.52.110 Violations
18.52.010 Purpose
The purpose of this chapter is to establish minimum requirements for landscaping to:
• Implement the Urban Forestry Comprehensive Plan goals and policies by increasing tree canopy
throughout the City to improve air quality; promote the health of residents, visitors and employees; and reduce heat
islands and stormwater flows.
• Support the low impact development goals of the Comprehensive Plan and the City's National Pollution
Discharge Elimination System permit.
• Promote safety.
• Provide screening between incompatible land uses.
• Mitigate the adverse effects of development on the environment.
• Improve the visual environment for both residents and nonresidents.
• Regulate the protection of existing landscaping.
• Establish requirements for the long-term maintenance of required landscaping.
• Establish procedures for modifying landscaping requirements and penalties for violations of the
landscaping code.
(Ord. 2523 §6, 2017; Orct 1872 §14 (part), 1999)
..:..::.:.::.................A.IC..IC.u'ii c a lfb.11 li ty
hois cha ter sets forth n.ulles crud re i.ullafJioris to corutroll maintenance clleariiru crud IarufJiru of Ilarudsca iiru crud
ve etafJioru wiithiiru the Clit of Il i.ukwlilla oru aru devello ed ro errtiies that are /:Dried conrnrercliall iirudi.ustriiall or nn.ullfJifanrlill
and on properties that are zoned II....II: R and develo,aed with a non-siiru Ile farniilly residential use. For ro :ddiies Ilocated
within the Shorelliirue °uuriisdiicf,iioru the maintenance and removal) of vegetation shallll Ise overrued by .111MC Chapter 18.44
"Shorelliirue Cverlla ." For orioperties Ilocated within a critical area or iits associated buffer the maintenance and removal)
of vegetation shallll be gOVerned b TMC CYna ter '18.45 "Critical Areas". Cileariir:i2 and renrovall of trees on i.urudevello ed
)and and aiiiity Ilarud zoned IL...II: R that is devello ed with a siiru Ile family residence is re i.ullated h the 1f1MC '18.54 Urban
f:..ol:gstriy„an if 1gg lkogiulliaf;liains In case of conflict the most stringent regulations apply,
18.52.020 Landscaping Types
A. General Standards for All Landscaping Types.
1. Trees.
a. Trees shall be spaced based on the stature tree selected (small, medium or large stature of tree),
excluding curb cuts and spaced regularly, except where there are conflicts with utilities.
b. Large and medium stature tree species are required, per the Tukwila Approved Tree List, except
where there is insufficient planting area (due to proximity to a building, street light, above or below ground utility, etc.)
or the planned tree location does not permit this size tree at maturity.
2. Shrubs. Shrubs shall be spaced based on the mature size of the plant material selected and shall
achieve a continuous vertical layer within 3 years. The shrubs will provide 4 feet clearance when mature when adjacent
to any fire hydrant or fire department connection.
3. Groundcover.
a. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of
the yard area not needed for trees and shrubs.
b. If grass is being used as the groundcover, a 4-foot diameter ring of bark mulch is required around
each tree.
4 E 'io•re.tent:iion.... -may be w. sed as a Il .yp , p or. llland a.pa,... pei 'irneter.,. p....ovi e, the, rntant o t 4e,
a•chte,vec,,......:::.o......p.po..1.....i, iiass4 rwtiio-R4-4e y.... rwet:iio-n-.arwr ....pta st...s+-viivat;....f e 'it ii 4y....4......pta•Frt...ma.t.eriais--and......ptase•r wwt....sYfell
•be aitewed.,. p..•ovtded....p wi, ll'ie....satet:y....iis--not-..00mproniksed,
5. e1 oornnierigially ienod iafieponios may bo roducod by 15°/ if iuildingc ao
pedestrian -friendly site design,
B. Type 1— Light Perimeter Screening.
1. The purpose of Type I landscaping is to enhance Tukwila's streetscapes, provide a light visual separation
between uses and zoning districts, screen parking areas, and allow views to building entryways and signage.
2. Plant materials shall consist of the following:
a. Trees: A mix of deciduous and evergreen trees.
b. One shrub per 7 linear feet.
c. Groundcover.
C. Type 11— Moderate Perimeter Screening.
1. The purpose of Type II landscaping is to enhance Tukwila's streetscapes, provide a moderate visual
separation between uses and zoning districts, screen blank building walls and parking areas, and allow views to
building entryways and signage.
2. Plant materials shall consist of the following:
a. Trees: A mix of deciduous and evergreen trees.
b. One shrub- per 4 linear feet, excluding curb cuts.
c. Groundcover.
D. Type 111— Heavy Perimeter Screening.
1. The purpose of Type III landscaping is to provide extensive visual separation along property lines
between highly incompatible development, such as warehousing and residential uses.
2. Plant materials shall consist of the following:
a. Trees consisting of at least 50% evergreen along the applicable property line (75% along property line
adjacent to residential uses).
b. Privacy screen utilizing evergreen shrubs, screening walls or fences (up to 7 feet tall).
c. Groundcover.
E. Parking Lot Landscaping. This landscaping is required to mitigate adverse impacts created by parking lots
such as noise, glare, stormwater run-off, and increased heat and to improve their physical appearance.
1. Trees shall be evenly distributed throughout the parking lot. Planting in continuous, landscaped planting
strips between rows of parking is encouraged. Surface water management design may also be combined with
landscaping in parking lots. In industrial districts (C/LI, LI, HI, MIC/L, MIC/H), clustering of interior parking lot
landscaping may be permitted to accommodate site usage.
2. Landscape islands.
a. Landscape islands must be a minimum of 6 feet wide, exclusive of overhang, and a minimum of 100
square feet in area. All landscaped areas must be protected from damage by vehicles through the use of curbs, tire
stops, or other protection techniques.
b. Landscape islands shall be placed at the ends of each row of parking to protect parked vehicles from
turning movements of other vehicles.
c. The number and stature of trees shall be based on the area available in the landscape island. A
minimum of one large stature evergreen or deciduous tree or two medium stature trees are required for every 100
square feet of landscaped island, with the remaining area to contain a combination of shrubs, living groundcover, and
mulch.
d. For parking lots adjacent to public or private streets, if landscape -shards-are designed -into -the parktrng
tot layout -lo--diiviide continuous -rows- of park rn --staffs, the islands must be placed at minimum spacing of 1 for every 10
parking spaces. For parking areas located behind buildings or otherwise screened from public or private streets or
public spaces, if landscape islands are used, islands shall be placed at a minimum of 1 for every 15 parking stalls.
3. Bioretention, which includes trees, shrubs and groundcover, may be used to meet interior parking lot
landscaping requirements. The bioretention facility must be designed by a professional trained or certified in low impact
development techniques as set forth in TMC Chapter 14.30. All bioretention facilities must be protected by curbing to
prevent vehicle damage to the facility and for public safety.
4. Vehicular Overhang.
a. Vehicle overhang into any landscaping area shall not exceed two feet.
b. No plant material greater than 12 inches in height shall be located within two feet of the curb or other
protective barrier in landscape areas adjacent to parking spaces and vehicle use areas.
c. Raised curbs or curb stops shall be used around the landscape islands or bioretention facilities to
prevent plant material from being struck by automobiles. Where bioretention is used, curb cuts shall be placed to allow
stormwater runoff from adjacent pavements to enter the bioretention system.
5. Pervious pavement shall be used, where feasible, including parking spaces and pedestrian paths.
6. Parking lot landscape design shall accommodate pedestrian circulation.
F. Street Trees in the Public Frontage.
1. Street tree spacing.
a. Street tree spacing in the public frontage shall be as specified in TMC Section 18.52.060.B.2. based
on the stature size of the tree.
b. Spacing must also consider sight distance at intersections, driveway locations, and utility conflicts as
specified in TMC Section 18.52.060.B.3.
c. Street trees in the public frontage shall be planted using the following general spacing standards:
(1) At least 3-1/2 feet back from the face of the curb.
(2) At least 5 feet from underground utility lines.
(3) At least 10 feet from utility poles.
(4) At least 7-1/2 feet from driveways.
(5) At least 3 feet from pad -mounted transformers (except 10 feet in front for access).
(6) At least 4 feet from fire hydrants and connections.
d. Planting and lighting plans shall be coordinated so that trees are not planted in locations where they
will obstruct existing or planned street or site lighting, while maintaining appropriate spacing and allowing for their size
and spread at maturity.
e. Planting plans shall consider the location of existing or planned signage to avoid future conflicts with
mature trees and landscaping.
2. Tree grates.
a. Tree grates are not encouraged, but when used, shall be designed so that sections of grate can be
removed incrementally as the tree matures and shall be designed to avoid accumulation of trash.
b. When used, tree grates and landscaped tree wells shall be a minimum 36 square feet in size (6' x 6').
Tree well size may be adjusted to comply with ADA standards on narrower sidewalks. See TMC Section
18.52.070.A.1., "Soil Preparation and Planting," for structural soil requirements. Root barriers may be installed at the
curb face if structural soils are not used.
3. Maintenance and Pruning.
a. Street trees are subject to the planting, maintenance, and removal standards and Best Management
Practices (BMPs) as adopted by the International Society of Arboriculture, as it now reads and as hereafter amended.
Street trees planted prior to the adoption of the most current tree planting standards shall be exempt from these planting
standards but are still subject to current removal and maintenance standards.
b. The following standards apply to street tree maintenance:
(1) Street trees shall be maintained consistent with International Society of Arboriculture BMPs.
(2) Street trees shall be maintained in a manner that does not impede public street or sidewalk
traffic, consistent with the specifications in the Public Works Infrastructure Design Manual, including:
(a) 8 feet of clearance above public sidewalks.
(b) 13 feet of clearance above public local and neighborhood streets.
(c) 15 feet of clearance above public collector streets.
(d) 18 feet of clearance above public arterial streets.
(3) Street trees shall be maintained so as not to become a defective tree as per the definition in
TMC Chapter 18.06.
4. Trees planted in a median shall be appropriate for the planting environment and meet the following
requirements:
a. Trees shall be consistent with previously approved median tree plans, given space constraints for
roots and branches at maturity.
b. Median plantings shall provide adequate species diversity Citywide and reasonable resistance to
pests and diseases.
c. Columnar trees may be considered for median plantings to avoid conflicts with vehicles and utilities.
d. Structural soils shall be used to avoid the need for root barriers and to ensure the success of the
median plantings.
e. Any median tree that is removed must be replaced within the same median unless spacing constraints
exist. Replacement trees shall be of the same stature or greater at maturity as the removed tree, consistent with other
space considerations.
(rct 2523 §7, 2017; Ord. 2518 §l 1, 2016;
Ord, 22510,2 2009; Ord. 1872 04 (part), 1999)
18.52.030 Perimeter and Parking Lot Landscaping Requirements by Zone District
In the various zone districts of the City, landscaping in the front, rear and side yards and parking lots shall be
provided as established by the various zone district chapters of this title. These requirements are summarized in the
following table (Table A), except for Tukwila Urban Center (TUC) requirements, which are listed in TMC Chapter
18.28.
ZONING
DISTRICTS
FRONT YARD
(SECOND
FRONT)
(linear feet)
LANDSCAPE
TYPE FOR
FRONTS
LANDSCAPE
FOR SIDE
YARD
(linear feet)
LANDSCAPE
FOR REAR
YARD
(linear feet)
LANDSCAPE
TYPE FOR
SIDE/REAR
LANDSCAPING FOR
PARKING LOTS
(square feet)
LDR
(for uses other
than residential)
152
Type I
10
10
Type I
20 per stall for non-residential
uses; 15 per stall if parking is
placed behind building
MDR
151, 2, 11
Type I
10
10
Type I
Same as LDR
HDR
151, 2, 11
Type I
10
10
Type I
Same as LDR
MUO
15 (12.5)2' 11
Type 1'
64
64,11
Type 1'
20 per stall adjacent to street; 15
per stall if parking is placed
behind building
0
15 (12.5)2
Type 1'
64
64
Type 1'
Same as MUO
RCC
20 (10)2' 3
Type 1'
64
1011
Type 11
Same as MUO
NCC
1 04'11
Type 17' 13
04
04, 11
Type 11
Same as MUO
RC
10
Type 113
64
04
Type 118
Same as MUO
RCM
10
Type 1
64
04
Type 118
Same as MUO
C/LI
15
Type 16
65,12
05,12
Type 118
15 per stall;
10 per stall for parking placed
behind building
LI
152
Type II
04,12
04,12
Type III
15 per stall;
10 per stall for parking placed
behind building
HI
152
Type II
04,12
04,12
Type III
15 per stall
MIC/L
105
Type II
05,12
05,12
Type III
10 per stall
MIC/H
105
Type II
05,12
05,12
Type III
10 per stall
TUC — See TMC Chapter 1 8.2 8
TVS
1 52'3
Type II
04
04
Type III
Same as C/LI
TSO
1 52'9
Type I
010
010
Type III
Same as C/LI for non-residential
uses. Same as LDR for
residential uses.
TABLE A — Perimeter and Parking Lot Landscaping Requirements by Zone District
Notes:
1. Minimum required front yard landscaped areas in the MDR and HDR zones may have up to 20% of their
required landscape area developed for pedestrian and transit facilities subject to the approval criteria in TMC Section
18.52.100.B.
2. In order to provide flexibility of the site design while still providing the full amount of landscaping required
by code, the front yard landscape width may be divided into a perimeter strip and one or more other landscape areas
between the building and the front property line if the perimeter strip is a minimum of 10 feet and the landscape
materials are sufficient to provide landscaping along the perimeter and screening of the building mass.
3. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor
cafe -type seating and similar features, subject to the approval criteria in TMC Section 18.52.100.B. Bioretention may
also be used as required landscaping subject to the approval criteria in TMC Section 18.52.100.E. Required plant
materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian- oriented space.
4. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
5. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
6. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage.
7. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR.
8. Increased to Type III if any portion of the yard is
within 50 feet of LDR, MDR or HDR.
9. Only required along public streets.
10. Increased to 10 feet for residential uses; or if adjacent to residential uses or non-TSO zoning.
11. In the MDR and HDR districts and other districts where multifamily development is permitted, a
community garden may be substituted for some or all of the landscaping. In order to qualify, a partnership with a
nonprofit (501(c)(3)) with community garden expertise is required to provide training, tools and assistance to apartment
residents. Partnership with the nonprofit with gardening expertise is required throughout the life of the garden. If the
community garden is abandoned, the required landscaping must be installed. If the garden is located in the front
landscaping, a minimum of 5 feet of landscaping must be placed between the garden and the street.
12. To accommodate the types of uses found in the C/LI, LI, HI and MIC districts, landscaping may be
clustered to permit truck movements or to accommodate other uses commonly found in these districts if the criteria in
TMC Section 18.52.100.D are met.
13. For NCC and RC zoned parcels in the Tukwila International Boulevard District, the front landscaping may
be reduced or eliminated if buildings are brought out to the street edge to form a continuous building wall, and if a
primary entrance from the front sidewalk as well as from off-street parking areas is provided.
(Ord, 2580 §6, 2018; Ord, 2523 §8, 2017;
Ord, 2442 §1, 2014; Ord, 2251 §61, 2009;
Ord, 2235 §13, 2009; Ord, 1872 §1 (part), 1999)
18.52.040 Screening and Visibility
A. Screening.
1. Screening of outdoor storage, mechanical equipment and garbage storage areas and fences:
a. Outdoor storage shall be screened from abutting public and private streets and from adjacent
properties. Such screens shall be a minimum of 8 feet high and not less than 60% of the height of the material stored.
The screens shall be specified on the plot plan and approved by the Community Development Director. In the MDR
and HDR zones, outdoor storage shall be fully screened from all public roadways and adjacent parcels with a high
obscuring structure equal in height to the stored objects and with a solid screen of exterior landscaping.
b. Ground level mechanical equipment and garbage storage areas shall be screened with evergreen
plant materials and/or fences or masonry walls.
c. Fences. All fences shall be placed on the interior side of any required perimeter landscaping.
2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls.
3. Evergreen shrubs and evergreen trees shall be used for screening along rear property lines, around solid
waste/recycling areas, utility cabinets and mechanical equipment, and to obscure grillwork and fencing associated with
subsurface parking garages. Evergreen shrubs and trees shall be pruned so that 18 inches visibility at the base is
maintained.
B. Visibility.
1. Design of new landscaping and maintenance of existing landscaping shall consider Crime Prevention
Through Environmental Design (CPTED) principals and visibility for safety and views. Appropriate plant species shall
be specified to avoid the need for excessive maintenance pruning.
2. Landscaping shall not obstruct views from or into building windows, the driveway, sidewalk or street.
Landscape design shall allow for surveillance from streets and buildings and avoid creating areas that might harbor
criminal activity.
3. Landscaping at crosswalks and other locations where vehicles and pedestrians intersect must not block
pedestrians' and drivers' views.
4. In general, deciduous trees with open branching structures are recommended to ensure visibility to retail
establishments. More substantial shade trees or evergreens are recommended in front of private residences.
(Ord. 2523 00, 2017)
18.52.050 Significant Tree Retention
A. All significant trees located within any required landscape area that are not dead, dying, diseased, or a
nuisance species, as identified in the Tukwila Approved Tree List, and that do not pose a safety hazard or conflict with
overhead utility lines as determined by the City or an ISA certified arborist, shall be retained and protected during
construction with temporary fencing or other enclosure, as appropriate to the site and following Best Management
Practices for tree protection (see TMC Chapter 18.54).
f::3. if o iiru of trees its roYrlilulited crud its si.uh'ect to i'e Ilacenrerut. AddiifJioruallll ri.uruiiru of more tt�aru 25% of caruo
in a 36 month period its prohibited and lls sutect, to igpll ace reint per TMC 18.52.110 Table C.
IaG. Retained significant trees may be counted towards required landscaping. Additionally, the required
landscaping may be reduced in exchange for retaining significant trees subject to Director approval and per TMC
18.52.100.F. For each 2% of effective canopy cover provided by preserved trccs incorporated into a dcvclopmcnt
700/.
landscape requirement may be reduced for any one dcvclopmcnt. Approval is required per TMC Scction 18,52,100
CII). The area designated for protection will vary based on the tree's diameter, species, age, and the characteristics
of the planted area, and Best Management Practices for protection shall be utilized (see TMC Chapter 18.54). Property
owners may be required to furnish a report by an ISA certified arborist to document a tree's condition if a tree is to be
retained. The Director may require that an ISA certified arborist be retained to supervise tree protection during
construction. Grade changes around existing trees within the critical root zone are not allowed.
(C)rd. 2523 00, 0k, 2017)
1 �,5a,055 Tree Pr tect'i in Standards
.....................................................................................................................................................................................................................................................
AIIII trees not proposed for ren.rovall as nail of al2Egject or devello recut shallll be protecteb pstg.If::
Practices and the standards bellow.
omof
Ma nag ���ttr��ut
the tirepl.
around each n6v�di.4� tree I- lI'li allheC[RZ.
Clirees which have reached ��ess thani 20% of ffe� exp�gjgEi!gy�,�� � �7F p�!, inch of trunk
diameter.
b. Mature trees (Irees which have reached 20-80% of ffe exp�g!gEi!gy�,�� 1 f221� p�E inch of trunk
diameter.
co I'll stru CIJO I'll adji it that resu�ls ni the death or ne,.e. S I' 'EMlova�� of the tiree is sub�
g.q.g�rllst the trunk. A 6.�nch airea around the trunk sha�1 be firee of mu�ch. Ad6ljon4� measUires such as feilj��zaljoni or
PmfeSS�oI'll 8L
18.52.060 Plant Material Requirements and Tree Standards
A. Plant Material Requirements.
1. Plants ehoU meet the American Standard for Nursery Plant Stock (American Nursery and Landscape
Association-ANLA) (ANSI Z60.1) as it now reads and as hereafter amended, and shall be healthy, vigorous and well-
formed,vvithwmU'dovo|opod'fibmuemoteyetome'froofmmdoodbmnchoeormote. Plants shall bofree from damage
caused by temperature extremes, pre -planting oron'eito storage, lack oforexcess moisture, insects, dieooeo' and
mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor
environmental conditions (i.e. hardened -off).
2. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the
ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended.
4. Shrubs shall be at least 18 inches in height, and full and bushy at time of planting.
5. New plant materials shall include native species or non-native species with lower water requirements and
that are adapted to the climatic conditions of the Puget Sound Region. There must be a diversity of tree and shrub
genus and species in the site landscaping, taking into account species in existing development around the site.
a. If there are more than 8 required trees, no more than 40 percent may be of one species.
b. If there are more than 24 required trees, no more than 20 percent may be of one species.
c. If there are more than 25 required shrubs, no more than 50 percent may be of one species.
6. Any species that is listed on the State of Washington or King County noxious weed lists or otherwise
known to be a nuisance or invasive shall not be planted.
7. Plant materials shall be selected that reinforce the landscape design concept, and are appropriate to their
location in terms of hardiness, cultural requirements, tolerance to urban conditions, maintenance needs and growth
characteristics.
8. The classification of plant material as trees, shrubs and evergreens shall be as listed in the Hortus Third,
A Concise Dictionary of Plants Cultivated in the U.S. and Canada, as it now reads and as hereafter amended.
9. Plant material requirements for bioretention facilities shall be in accordance with the City's Bioretention
Plant List, unless approved by staff.
10. Non -developed site areas, such as utility easements, shall be landscaped and/or treated with erosion
control planting or surfacing such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials.
In areas with overhead utility lines, no shrubs or trees shall be allowed that could mature over 20 feet in height. Trees
should not be planted within 10 feet of underground utilities, such as power, water, sewer or storm drainage pipes.
B. Tree Standards.
1. Tree species shall be appropriate for the planting environment as determined by the Department Director
in consultation with the City environmentalist and shall seek to achieve a balance of the following:
a. Consistency with Tukwila Approved Tree List or the City's Bioretention Plant List.
b. Compatibility with space constraints for roots and branches at maturity.
c. Adequate species diversity Citywide and reasonable resistance to pests and diseases.
2. Trees shall be provided adequate spacing from new and existing trees according to the following
standards wherever possible:
a. Trees categorized as small stature on the tree list shall be spaced no greater than 20 feet on center
and not closer than 15 feet on center from other newly planted or existing trees.
b. Trees categorized as medium stature on the tree list shall be spaced no greater than 30 feet on center
and not closer than 20 feet on center from other newly planted or any existing trees.
c. Trees categorized as large stature on the tree list shall be spaced no greater than 40 feet on center
and not closer than 30 feet on center from other newly planted or existing trees.
d. Any tree determined to have a mature spread of less than 20 feet (a columnar or fastigiate variety) is
discouraged except under specific conditions and shall be considered a small stature tree and spaced accordingly.
3. Trees shall be placed according to the following standards:
a. Small stature trees shall be planted with the center of their trunks a minimum of 2 feet from any hard
surface paving.
b. Medium stature trees shall be planted with the center of their trunks a minimum of 2.5 feet from any
hard surface paving.
c. Large stature trees shall be planted with the center of their trunks a minimum of 3 feet from any hard
surface paving.
d. Trees shall generally be planted a minimum of:
(1) 4 feet on center from any fire hydrant, above -ground utility or utility pole;
(2) 2 feet on center from any underground utility;
(3) 5 feet on center from a street light standard;
(4) 20 feet from a street intersection; however, a greater or lesser corner setback may be required
based on an analysis of traffic and pedestrian safety impacts.
(5) 5 to 10 feet from building foundations depending on species.
4. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity,
will not interfere with the lines or require pruning to maintain necessary clearances.
5. Root barriers may be installed according to the manufacturer's specifications when a tree is planted within
5 feet of any hard surface paving or utility feature and in areas where structural soil is not required, subject to approval
by the Department Director in consultation with the City's environmentalist.
6. Low water usage species are encouraged in order to minimize future irrigation requirements, except
where site conditions within the required landscape areas ensure adequate moisture for growth.
7. Shade trees should be planted to shade buildings' east- and west -facing windows to provide a balance
between summer cooling and winter heating through solar gain.
(Ord. 2523 §11, 2017)
18.52.070 Soil Preparation, Planting and Irrigation
A. Soil Preparation and Planting.
1. For landscaping in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell
University product or similar) must be used to a preferred depth of 36 inches to promote tree root growth and provide
structural support to the paved area. Minimum soil volumes for tree roots shall be 750 cubic feet per tree (see
specifications and sample plans for CU-Structural Soils). Trees and other landscape materials shall be planted
according to specifications in "CU Structural Soils — A Comprehensive Guide," as it now reads and as hereafter
amended, or using current Best Management Practices (BMPs) as approved by the Director. Suspended pavement
systems (Silva Cells or similar) may also be used if approved by the Director.
2. For soil preparation in bioretention areas, existing soils must be protected from compaction. Bioretention
soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted
in accordance with TMC Chapter 14.30, to promote a proper functioning bioretention system. These specifications
shall be adhered to regardless of whether a stormwater permit is required from the City.
3. For all other plantings (such as large planting areas where soil volumes are adequate for healthy root
growth w ii wi.....Imlir'pilmLialyolll„ylmo of (3 Ocl„ubblic_foo poi, U oo), soils must be prepared for planting in accordance with BMP
T5.13, "Post Construction Soil Quality and Depth," from the Washington Department of Ecology Stormwater
Management Manual for Western Washington (as it now reads and as hereafter amended), regardless of whether a
stormwater permit is required by the City.
4. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting
to ensure soils are properly prepared. Soil must be amended, tilled and prepped to a depth of at least 12 inches.
5. Installation of landscape plants must comply with BMPs including:
a. Planting holes that are the same depth as the size of the root ball and two to three times wider than
the root ball.
b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as
necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be
removed from B&B plants prior to planting.
c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root
ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch.
d. If using mulch around trees and shrubs, maintain at least a 6-inch mulch -free ring around the base of
the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch
shall not be placed over the crowns of perennial plants.
B. Irrigation.
1. The intent of this standard is to ensure that plants will survive the critical establishment period when they
are most vulnerable due to lack of watering and to ensure their long term viability.
2. All required plantings must be served by a permanent automatic irrigation system, unless approved by
the Director.
a. Irrigation shall be designed to conserve water by using the best practical management techniques
available, including BMPs, for daily timing of irrigation to optimize water infiltration and conservation. These techniques
may include, but not be limited to: drip irrigation (where appropriate) to minimize evaporation loss, moisture sensors to
prevent irrigation during rainy periods, automatic controllers to ensure proper duration of watering, sprinkler head
selection and spacing designed to minimize overspray, and separate zones for turf and other landscaping and for full
sun exposure and shady areas to meet watering needs of different sections of the landscape.
b. Exceptions to the irrigation requirement may be approved by the Director, such as xeriscaping (i.e.,
low water usage plantings), plantings approved for low impact development techniques, established indigenous plant
material, or landscapes where natural appearance is acceptable or desirable to the City. However, those exceptions
will require temporary irrigation until established.
3. All temporary irrigation must be removed at the end of the 3-year plant establishment period.
(Ord. 2523 002, 2017)
18.52.080 Maintenance and Pruning
A. Any landscaping required by this chapter shall be retained and maintained by the property owner for the life
of the development in conformance with the intent of the approved landscape plan and this chapter. Maintenance shall
also include keeping all planting areas free of weeds and trash and replacing any unhealthy or dead plant materials.
B. Green roofs or rooftop gardens shall be maintained to industry standards and any dead or dying plant material
replaced.
C. Pruning of trees and shrubs is only allowed for the health of the plant material, to maintain sight distances or
sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National
Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter amended.
D. No tree planted by a property owner or the City to fulfill landscape requirements, or any existing tree, may be
topped or removed without prior approval from the City. Any tree topped or removed without approval shall be subject
to code enforcement action per TMC Chapter 8.45 in addition to the requirements of TMC Section 18.52.110,
"Violations."
E. Private property owners shall collect and properly dispose of all landscaping debris. Private property
landscaping debris shall not be placed or blown into the public right-of-way for City collection. Violations will be subject
to code enforcement action per TMC Chapter 8.45.
F. As trees along the street frontages mature, they shall be limbed up, using proper ISA pruning techniques, to
a minimum height of 8 to 18 feet depending on location of tree (over sidewalk, adjacent to road, etc.) to allow adequate
visibility and clearance for vehicles. Trees may be pruned to improve views of signage and entryways by using such
techniques as windowing, thinning, and limbing up; however, no more than 1/4 of the canopy may be removed within
any 2-year period. All pruning shall be done in accordance with ANSI Standard A-300 specifications, as it now reads
and as hereafter amended.
G. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior
approval by the Director. The pruning must be carried out under the direction of an ISA certified arborist. The crown
shall be maintained to at least 2/3 the height of the tree prior to pruning. Otherwise, trees shall not be topped..... llllkgall„
tc r� lip e.ul�"oct tc ro Il aco� rorut. Artbiitiicru allll re.uruiiru of more than 25% of caruc ire a 35 riloruttypercd lip rohliblitod
...........I�..I�...........g....................................t..............................................p....................................................................................................................y..�.....�...............................................................................................................................................................................l�.y.........................................................................................................................�?.................................................
aI:Pd
......I!...... e,uY c;...:p.....! :.plDacom. !p......1..!:......I.......:..::::..:...:�_8�.......I. aY 11 ....::.
(Ord. 2523 03, 2017)
18.52.090 Landscape Plan Requirements
A. Landscape plan design shall take into consideration the mature size of proposed landscape materials to
minimize the future need for pruning (i.e. placement such that mature trees and shrubs will not cause problems for
foundations, obscure signage, grow too close to overhead or underground utility lines, obstruct views of traffic, etc.).
B. A Washington State licensed landscape architect or other accredited landscape design professional shall
prepare the landscape plans in accordance with the standards herein. Detailed plans for landscaping and screening
shall be submitted with plans for building and site improvements. The plans shall, at a minimum, include the type,
quantity, spacing and location of plants and materials; typical planting details; soil amendment/installation; tree
protection details as applicable; and the location of irrigation systems and significant trees within 20 feet of the property
line on adjacent properties. Underground and at -ground utilities shall be shown on the plans so that planting conflicts
are avoided. A detailed list of items to be included on the landscape plan is available in the Landscape Plan handout,
available on-line or at the offices of the Department of Community Development.
C. Installation of the landscaping and screening shall be completed and a Landscaping Declaration submitted
by the owner or owner's agent prior to issuance of the Certificate of Occupancy. Any plant substitutions shall be noted
on the Declaration. If necessary, due to weather conditions or construction scheduling, the installation may be
postponed to the next planting season (October — April) if approved by the Director and stated on the building permit.
A performance assurance device equal to 150% of the cost of the labor and materials must be provided to the City
before the deferral is approved.
(Ord. 2523 §l4, 2017; Ord, 2368 §53, 2012; Ord, 2251 §65, 2009;
Ord, 1971 §19„ 2001; Ord. 1872 §14 (part), 1999)
18.52.100 Request for Landscape Modifications
A. G, Revisions to existing landscaping rnav be approved only if the following criteria are met:
1, The -Br revision does not reduce the landscaping to thepoint that activities on the site become
a nuisance to a ° rsad'acent aro)orties° and
a2. Proposed vegetation removal, replacernent, and an rnitigation rneasures proposed are consistent
with the purpose and intent
18.52 ; adiiider
3.11 Proposed revision
public health, safety or welfare or injurious to other property in the vicinity.
44. Any trees proposed to be removed shall be replaced with trees of similar or larger size at a minimum ratio
of 1:1, th
fvthis chanter and brings landscaping into conformance with standards of TMC
will not be detrirnental to the
AB. The following deviationsmodifications to the requirements of this chapter may be considered either as a Type
2, Special Permission Director decision, or through design review if the project is subject to that process.
1. Deviation from Modifications to the requirements of Type I, II, or III landscaping, including but not limited
to the use of the landscape area for pedestrian and transit facilities, landscape planters, rooftop gardens or green roofs,
terraced planters or green walls, or revisions to existing landscaping._5-The arnount of landscaping on commercially -
zoned roperties rnav be reduced by 15% if buildings are moved to the front of the site with no parking between the
building and the front landscaping. to create a rnore pedestrian -friendly site design.
2. Clustering and/or averaging of required landscaping. The landscape perimeter may be clustered if the
total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to
LDR, MDR or HDR. In addition, up to 50% of the perimeter landscaping may be relocated to the interior parking to
provide more flexibility for site organization.
3. Substitution of bioretention facility for required landscaping for Type I or II landscaping. Landscaping in
a bioretention facility that includes trees, shrubs and groundcover may be counted up to 100% towards required
landscaping depending on the location, type of bioretention facility proposed and proposed use.
4. Credit for retained significant trees towards landscaping requirement.
B. The following criteria apply to requests for deviation from to modify any required landscaping standards.
Modifications to landscaping requirements may be approved only if the following criteria are met:
1. The deviationmodification or revision does not reduce the landscaping to the point that activities on the
site become a nuisance to neighbors; and
2. The modification or revision does not diminish the quality of the site landscape as a whole; and
3. One or more of the following are met:
a. The modification or revision more effectively screens parking areas and blank building walls; or
b. The modification or revision enables significant trees or existing built features to be retained; or
c. The modification or revision is used to reduce the number of driveways and curb cuts and allow joint
use of parking facilities between neighboring businesses; or
d. The modification or revision is used to incorporate pedestrian or transit facilities; or
e. The modification is for properties in the NCC or RC districts along Tukwila International Boulevard,
where the buildings are brought out to the street edge and a primary entrance from the front sidewalk as well as from
off-street parking areas is provided; or
f. The modification is to incorporate alternative forms of landscaping such as landscape planters, rooftop
gardens, green roof, terraced planters or green walls; or
g. The modification is to incorporate a community garden, subject to the provisions of TMC Section
18.52.030, Note 11.
4
atiowof ien e-'ROt o tho-landcca ' to tho point tha activftios-on4ho c to bocsr-no
a nui�;anco to o6ghber;, and
g r .a ink of a oxcoption-o cta uc4ion willhi&t
or wolf ;ro or injurious to ethor repor +rrtho�icinity,
tiro
C. Clustering or perimeter averaging of landscaping may be considered if:
1. It does not diminish the quality of the site landscape as a whole; and
2. It does not create a nuisance to adjacent properties; and
3. If adjacent to residential development, the impacts from clustering are minimized; and
4. One or more of the following criteria are met:
a. Clustering or perimeter averaging of plant material allows more effective use of the industrial property;
or
b. Clustering or perimeter averaging of landscaping enables significant trees to be retained; or
c. Clustering or perimeter averaging is used to reduce the number of driveways and curb cuts and/or
allow joint use of parking facilities between neighboring businesses; or
d. Clustering or perimeter averaging avoids future conflicts with signage.
D. Landscaping in a bioretention facility, which includes trees, shrubs, and groundcovers as identified on the
City's approved Bioretention Plant List and as regulated in TMC Chapter 14.30, may be counted up to 100% towards
required Type I or Type II landscaping. Bioretention facilities shall not be counted towards required Type III
landscaping. All of the following criteria must be met:
1. The bioretention facility has been designed by a professional trained or certified in low impact
development techniques; and
2. The landscaping meets the screening requirements of the specified landscape type; and
3. Public safety concerns have been addressed; and
4. The number of trees required by the landscape type are provided.
F. Credit for ctaincd significant trees.
1. Credit for retained significant trees may be counted towards required landscaping if the following criteria
are met:
a. Assessment of trees by an ISA certified arborist as to tree health, value of the trees and the likelihood
of survivability during and after construction is provided; and
b. Retention of tree(s) supports the Tukwila Comprehensive Plan urban tree canopy goals and policies;
and
c. A financial assurance is posted based on 150% of the value of the retained tree(s) to ensure tree
replacement should the retained trees be damaged or die as a result of construction impacts. The financial assurance
shall be retained for three years.
2. The value of the significant tree(s) to be retained, as determined by an ISA certified arborist, shall be
posted on the tree prior to site preparation and retained throughout the construction of the project.
(C)rd. 2523 §15, 2017)
18.52.110 Violations
A. Violations. The following actions shall be considered a violation of this chapter:
1. Any removal or damage of landscaping that is required by this chapter.
2. Topping or excessive pruning of trees or shrubs, except as explicitly allowed by this chapter.
3. Failure to replace dead landscaping materials.
B. Penalties. In addition to any other penalties or other enforcement actions, any person who fails to comply
with the provisions of this chapter also shall be subject to a civil penalty assessed against the violator as set forth
herein. Each unlawfully removed or damaged tree shall constitute a separate violation.
1. The amount of the penalty shall be assessed based on Table B below. The Director may elect not to
seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or
all of the civil penalties.
2. Penalties are in addition to the restoration of removed plant materials through the remedial measures
listed in TMC Section 18.52.110.C.
3. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a
contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously
believes a permit was issued to the property owner or any other person.
TABLE B — Fines
Type of Violation
Allowable Fines per Violation
Removal or damage of trees or specimen shrubs
without applying for and obtaining required City approval
$1,000 per tree, or up to the marketable value of each tree removed
or damaged as determined by an ISA certified arborist.
C. Remedial Measures. In addition to the penalties provided in TMC Section 18.52.110.B, the Director shall
require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying
out remedial measures.
1. Any illegal removal of required trees shall be subject to obtaining a tree permit and replacement with trees
that meet or exceed the functional value of the removed trees. In addition, any shrubs and groundcover removed
without City approval shall be replaced.
2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment
may be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The
number of replacement trees required will be based on the size of the tree(s) removed as stated in Table C.
TABLE C — Tree Replacement Requirements
Diameter* of Tree Removed (*measured at height of
4.5 feet from the ground)
Number of
Replacement Trees Required
4-6 inches (single trunk) OR
2 inches (any trunk of a multi -trunk tree)
3
Over 6-8 inches
4
Over 8-20 inches
6
Over 20 inches
8
D. Enforcement. It shall be the duty of the Community Development Director to enforce this chapter pursuant
to the terms and conditions of TMC Chapter 8.45 or as otherwise allowed by law.
E. Inspection Access.
1. For the purposes of inspection for compliance with the provisions of a permit or this chapter, authorized
representatives of the Community Development Director may enter all sites for which a permit has been issued.
2. Upon completion of all requirements of a permit, the applicant shall request a final inspection by
contacting the planner of record. The permit process is complete upon final approval by an authorized representative
of the Community Development Director.
(Ord. 2523 §16, 2017)
Del: LIAM
18 06 017 Adaptive anaoement
18.06.018 Adjacent:
18.06.069 Best: Available Science
1-8,0(i-,4eQ--C4mpeRsa4efy-44i4iti+t_ 4.en
1 8 .06,4 (.;...airls.t.fi.,,,,.,ted......14Lettarids.....e.f....Watefeeurses
18.06.196 Pgylighling
18 06 264 Fnoineer Ceotechnicil
18 06 266 Fnoineer f"rofessionli
18 06 268 Fnoineerino Ceotechnicil
18.06.710 Critical en&410 Area Buffer
18.06.715 Cri.ti.cal. 8easT144ve...Area Regulated Activities
18.06.720 Critical 8easi4Tive...Areas...
18.06.725 Cri.ti.cal. Areas Ordinance
18.06.730 Critical Ss4.Area Tract or .Easement
926 .Coftstfueted-Wetlands or Watercourses1 Constructed
'1.8.06.928 VVetlan.d, Emergent
1.8.06.930 VVetland, Forested
1.8.06.932 -Wetland, :Isolated
1.8.06.933 Wetlan.d, Regulated
1.8.06.934 -Wetlan.d, Scrub -Shrub
.ptive fnanagefnent" fneans the use of' scieraific......fne.thoOs.....to.....ey.aJnate......hgw......yve11,
regulatory and non -regulatory actions...p.rotect a sensitlYecritical area.
18.06.036 Alteration
"Alteration" means any human -induced change in an existing condition of a
sR.4ivecritical. area or its buffer. Alterations include, but are not limited to, grading,
filling, channelizing, dredging, clearing of vegetation, construction, compaction,
excavation, or any other activity that changes the character of the .s-efleitik-,eLTitical. area.
1.8.06.069 Best:: .Available Science
Ayailable Science" means t:hat scientific information applicable to t:he
seasitiNecritical area prepared by iippropriate local, st:at:e or federal agencies, a qualified
scientist: or t:earriof" clualified scientist:s, which will be consist:ent: wit:h t:he crit:eria
est:ablished in W.A.0 365-'1.95-900 t:hromg-17.i WA.0 365-'1.95-925.
includes some or all of t:he following characteristics:
1. Peer reviewed research or background inforrnation.
2. St:udy rnet:hods clearly st:ated.
3. Conclusions based. on logical assumptions.
4. c").uantitat:ive analysis.
5. Proper...coiltext is..establisbed.
6. References are included that cit:e relevant/. credible literature and other
onattnipaetsbanybinefibbansbinufatinnetwitnifianeatowneabbitownYte
4 „ Restonationa-------Aetkmisepenfonniedeleafee44abliblinwetlabal---andeitsabuffebaf
ehanactenisties i9+114 i9feEeErfieEr Whieh babe been -kiist by. -altenatifm4sy
EataS'tfefh1E':-eV'efltS-Witt'fifi-aFi-aFea-VVtliehHRE)4E)Ftgef-+FfeetS-the-EtefiRitie4r+-E)f-a-VVettaFiE43
2a-----------Y;neatio4Y-----Aetkm4sapenfonmed--ao--inteatkm4a4ly--establislwa-wetland---anfl-4ts--.buffen-aba.
e4te--w-bene-44ed4t4--not--fennnenly--ebi.st,
3a------------Enhaneemenn---Aetifinsaperfofmed--toaifnffren.e-the-eonditien-ofan-existing:-flegraded
wetlandaoraits---buffenso-thatathenfunetionsaitaffrovides afe- of -a higher quality;
"Constnueted wetlands" of 11constfueted watencourses" ineans thayse wet:lanais or
watencourses --wlfich an applicant can aftemonstrate werewintentionally created -from
nabaw-e"tlatad- -on fkinwatenee.
dfainaff •d4.teheswgrassn14nedwiwales., canals, detentifin---faeilitiesbwastewatef---treatmewt
faeititiesbfarfifpfinds--and-4andscapfnafnenitiesband---does---notnmean-444ose-wetlands--ani4
Yvatence. --seeaef4-:iated--:tbfneft?Jbaeofnpentb4onyan- 4obb
4.8-416-7.24114-5- 11mergent-Welland
4-Emengent---wettandb----meafbba---reg.utatenb-wetland---wit4+---at--4east-41444wof---the-a.wi-nnaee---anea
cfw.efed--by--efeety-nootedwht-ef-kteeeaas--Yeffw4a4ien--es---tbte--tfppenfnfYi.tweffw4a4i-Y..e--slnatwm,
(.(.41ncia 1-7543-414part.44-19-95
18.06.285 Essential Street, Road, 217...Right-of-Way .017-Uti1ity
"Essential street, road„.......217. right-of-way......ef......unlity." means a .ialitity. -facility, utility
syfitem,..street, road or right-of-way where no feasible alternative location exists based on
an analysis of technology and system efficiency.
'.7- Essential Utility
."..Es.s.entlia.1 utility" means a. utility_:fa.cility or utility ytein, w.hereno fea.sible alter native
10Cat1all e)d.StS ba.Sed. a.nalysis 9tectInology and. efficiency,
1178,064143-51-Fefestefl -Wetland
11--FofestefiwwetlanEr----fneansea---fegialated---wetland---with---atyleas.t.---20-% of the buffacenarea
cov.ered--by-treesagreater-thaua--20afeet--in--heigllt;
48-..9 Geolechnical Entineer
4...C1ifietecli-rnie4-.....en1G.ifteen4........fneans a ...tHabt..ieinaeJn......eteeteeiFi-rn.kyff.-/...e..i.vi4-.....efvgi-fte.e.n......14eenset4.......a.s........a
evaluation;
18 06 581 Compenisatony--Mitioation
"Mitigation" means replacing project induced wettandasertscritical area and
ze•al, 1,111- 1411,4-1-dlti Irzedit-,FAT4-11,,r•
dCI1V1IleS or CdIdS1r0pfl1C events W1M1r1 an area wrucn no longer meets Inc Ueflr11T1Orl or a
we41,a+.44 Sefffii ti V OC ri ti a, a;
2. Creation: Actions performed to intentionally establish a .Wei-laW:4 c ca
area and its buffer at a site where it did not formerly exist;
3. Enhancement: Actions performed to improve the condition of an existing
degraded we1lam4 critica area or its buffer so that the functions it provides are
of higher quality.
18.06.710 Cr i ti c a f:;enrsilive Area Buffer
"Criti.cal 'en 4 e—area buffer" means an area lying adjacent to but outside a
seri si ticritical area as defined by this Title, whose function is to protect sensi v e
areas from the potential adverse impacts of development, land use, or other activities. A
wetland or watercourse sernsiticritica area buffer also provides critical habitat value,
bank stabilization, anti or water overflow area functions.
18.06.715 Cri ti c a Senn Area Regulated Activities
Sen&i-ti-ve area regulated activities" means any of the following activities
w.144E44 1111.1. are directly undertaken or originate in a regulated wetland or watercourse or
their buffers:
1. Removal, excavation, grading or dredging of soil, sand, gravel, minerals,
organic matter or material of any kind;
2. Dumping, discharging or filling with any material;
3. Draining, flooding or disturbing the water level or water table;
4. Driving of pilings;
5. Placing of obstructions;
6. Construction, reconstruction, demolition or expansion of any structure;
7. Destruction or alteration of wetlands, watercourses or their buffers through
clearing, harvesting, shading, intentional burning or planting of vegetation that would
alter the character of a regulated wetland, watercourse or buffer, provided that these
activities are not part of a forest practice governed under RCW 76.09 and its rules; or
8. Activities that result in a significant change to the water sources of wetlands or
watercourses. These alterations include a significant change in water temperature;
physical or chemical characteristics, including quantity; and the introduction of pollu-
tants.
18.06.720 Critica eiithAreas
"Criti.cal_Sen4tive areas" means wetlands, watercourses, areas of potential geologic
instability (other than Class I areas), abandoned coal mine areas, and fish and wildlife
hahlkaA conservation areas, and sped al hazard flood areas.
18.06.725 StNR:s-itive....Areas Ordinance
ini:tkalLSen4tive....Areas Ordinance" means the Envirortmentalty...criticatSensitive
Areas .0veflay Distriet chapter of this title or as amended hereafter which establishes
standards for land development on lots with .sefisith,egific2.1 areas (e.g. steep slopes,
wetlands, watercourses, etc.).
18.06.730 Critical Se Area Tract or Easement
"CrithcatSen4tive area tract or ease Me n t" means a tract 01'portioniptaparcetw4teti
that is created to protect the f3e-F1Siti-VeC ri ti c a 1 area and its buffer, whose maintenance is
assured, and which is recorded on all documents of title of record for all affected lots and
subsequent owners.
...................................................................................................................
t height-E4-24Reh
ren
"Tree c:ea.rin�
tleariF
t to the er
4 an 4-this.; title„
18.06.922 Wetlands
"Wetlands" means those areas that are inundated or saturated by groundwater or
surface water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds,
lakes and similar areas. Wetlands do nclue eu those artificial wetlands intentionally
created from non -wetland sites, d, including .....but not limited (1... o irrigation and .....drainage
ditc nQ"sr...`a ya`ws-li ne d l/V"ales, canals, detention facilities, wastewater e treatment facili ies,
farmponds, landscape amenities or those wetlands created atle d after 1ul.y 1r.....19 0 that were
uq i ntQ"ntionall reale"(' asa .e.s 1 oll t..he..construction of a road., street GSI....... highway,.
However, those artificial wetlands intentionally created from nonwetland areas to
mitigate conversion of wetlands as permitted by the City shall be considered wetlands.
18.06.924 Wetland Edge
"Wetland edge" means the deiinea:ted boundary of a wetland performed in
a.ccorda.nce with approved federal. wetland delineation ma.nua.l a.nd current a.pplicalble
regional suppl.em.ents as-tel4Hf ted•-based on the 198 - :a: --
the -LT S F;nv rnmental 'f to io Argeney-a-ntl:.-the-L.
we t `tate and fe�le
n flea e-.no--eonttgtzou-s-hy-e roc se.'i47ant4711yetplaya ....vegeta4ian-.:betweeff-thhe
----anyHre , 4te4l:. -surlaee- a t
:.. o 06 0 933.............'V.a.:". ...l.a..l u:.d:.`ar......Regulated
"Regulated wetlands" means ponds or lakes ; )-20 acres or less and those lands
subject to the "wetland" definition contained in this chapter.
less that d e ,r -, f r-�MC 18„4;r
Page 1 of 34
CHAPTER 18.45 ENVIRON ENTALLY CRITICAL AREAS
Sections:
18.45.010 Purpose
18.45.020 Best Available Science
18.45.030 Critical Area Applicability, Maps and Inventories
18.45.040 Critical Areas Special Studies
18.45.050 Interpretation
18.45.060 Procedures
18.45.070 Critical Area Permitted Uses
18.45.080 Wetlands Designations, Ratings and Buffers
18.45.090 Wetland Alterations and Mitigation
18.45.100 Watercourse Designations, Ratings and Buffers
18.45.110 Watercourse Alterations and Mitigation
18.45.120 Areas of Potential Geologic Instability Designations, Ratings and Buffers
18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation
18.45.140 Abandoned Mine Areas
18.45.150 Fish and Wildlife Habitat Conservation Areas —
Designation, Mapping, Uses and Standards
18.45.155 Special Hazard Flood Areas
18.45.158 Vegetation Protection and Management
18.45.160 Critical Area Master Plan Overlay
18.45.170 Critical Areas Tracts and Easements
18.45.180 Exceptions
18.45.190 Appeals
18.45.195 Enforcement and Penalties
18.45.200 Recording Required
18.45.210 Assurance Device
18.45.220 Assessment Relief
18.45.10 Purpose
A. The purpose of TMC Chapter 18.45 is to protect the environment, human life and property; to designate and
classify ecologically critical areas including but not limited to regulated wetlands and watercourses and geologically
hazardous areas and to protect these critical areas and their functions while also allowing for reasonable use of public
and private property. These regulations are prepared to comply with the Growth Management Act, RCW 36.70A, to
apply best available science according to WAC 365-195-900 through 925 and to protect critical areas as defined by
WAC 365- 190-080.
B. Standards are hereby established to meet the following goals of protecting environmentally critical areas:
1. Minimize developmental impacts on the natural functions of these areas.
2. Protect quantity and quality of water resources.
3. Minimize turbidity and pollution of wetlands and fish- bearing waters and maintain wildlife habitat.
4. Prevent erosion and the loss of slope and soil stability caused by the removal of trees, shrubs, and root
systems of vegetative cover.
5. Protect the public against avoidable losses, public emergency rescue and relief operations cost, and
subsidy cost of public mitigation from landslide, subsidence, erosion and flooding.
6. Protect the community's aesthetic resources and
distinctive features of natural lands and wooded hillsides.
7. Balance the private rights of individual property owners with the preservation of environmentally critical
areas.
Page 2 of 34
8. Prevent the loss of wetland and watercourse function and acreage, and strive for a gain over present
conditions.
9. Give special consideration to conservation or protection measures necessary to protect or enhance
anadromous fisheries.
10. Incorporate the use of best available science in the regulation and protection of critical areas as
required by the State Growth Management Act, according to WAC 365-195-900 through 365-195-925 and WAC
365-190-080.
(Ord. 23010 0' (part), 2010)
18.45.20 Best Available Science
A. Policies, regulations and decisions concerning critical areas shall rely on best available science to protect
the functions of these areas and must give special consideration to conservation or protection measures necessary
to preserve or enhance anadromous fish and their habitats.
B. Nonscientific information may supplement scientific information, but is not an adequate substitution
for valid and available scientific information.
C. Incomplete or unavailable scientific information leading to uncertainty for permitting critical area impacts
may require application of effective adaptive management on a case by case basis. Adaptive management relies
on scientific methods to evaluate how well regulatory or non -regulatory actions protect critical areas or replace their
functions.
(Ord. 2301 §1(part), 2010)
18.45.30 Critical Area Applicability, Maps, and Inventories
A. APPLICABILITY —The provisions of TMC Chapter 18.45 shall apply to all land uses and all development activities
in a critical area or a critical area buffer as defined in the "Definitions" chapter of this title. The provisions of TMC
Chapter apply whether or not a permit or authorization is required within the City of Tukwila. No person, company,
agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of
TMC Chapter 18.45. The following are critical areas regulated by TMC Chapter 18.45:
1. Coal Mine Hazard Areas;
2. Areas of potential geologic instability: Class 2, 3, 4 areas (as defined in the Definitions chapter of
this title and TMC 18.45.120.A);
3. Wetlands;
4. Watercourses;
5. Fish and Wildlife Habitat Conservation Areas; and
6. Special Hazard Flood Areas. (See TMC 16.52 for additional regulations)
B.The Growth Management Act also identifies areas of seismic instability as critical areas.Areas of seismic
instability are defined and regulated through the Washington State Building Code.
C. In the event of a conflict between this TMC Chapter 18.45 and any other laws, regulations, ordinances
or restrictive covenants, the provision which imposes greater restrictions or higher standards upon the
development or use of land shall prevail.
D. CRITICAL AREAS MAPS AND INVENTORIES
1 The distribution of many critical areas and potential critical areas in Tukwila is displayed on the Critical
Areas Maps, on file with the Department of Community Development (DCD). These maps are based on
site assessment of current conditions and review of the best available scientific data and are hereby
adopted by reference. Not all critical areas are shown on the map. Thus it is the responsibility of
property owners and applicants to verify actual presence or absence of a critical area or critical area
buffer based on the definitions in this code. Applicant is also responsible for delineation and
categorization of potential wetland based on methodology required under TMC 18.45.80 and verifying
that watercourse typing and location is consistent with TMC 18.45.100.
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2. Studies, preliminary inventories and ratings of potential critical areas are on file with the Department of
Community Development.
3. As new environmental information related to critical areas becomes available, the Director is hereby
designated to periodically add, remove, or alter new information to the Critical Areas Maps. Removal of
any information from the critical area maps is a Type 1 decision.
(Ord 2301 § 1 (part), 201
18.45.40 Critical Areas Special Studies
A. Application Required. An applicant for a development proposal within a parcel that may include
a critical area and/or its buffer shall submit those studies as required by the City and specified below to
adequately identify and evaluate the critical area and its buffers.
1. A required critical area study shall be prepared by a person with experience and training in the scientific
discipline appropriate for the relevant critical area as outlined below, in accordance with WAC 365-195-905(4). A
qualified professional must have obtained a B.S. or B.A. or equivalent degree in ecology or related science,
environmental studies, fisheries, geotechnical or related field, and two years of related work experience.
a. A qualified professional for Fish and Wildlife Habitat Conservation Areas must have a degree in
ecology or related sciences and professional experience related to the subject species.
b. A qualified professional for wetland critical area studies must be a certified Professional Wetland
Scientist or a Wetland Scientist with at least two years of full-time work experience as a wetlands professional,
including delineating wetlands using the approved federal manual and applicable regional supplements, preparing
wetland reports, conducting functional assessments, and developing and implementing mitigation plans.
c. A qualified professional for a geological hazard study must be a professional geotechnical
engineer as defined in the Definitions chapter of this title, licensed in the state of Washington.
d. A qualified professional for watercourses and frequently flooded areas means a hydrologist,
fisheries biologist, engineer or other scientist with experience in preparing watercourse assessments.
2. The critical area study shall use scientifically valid methods and studies in the analysis of critical area
data and shall use field reconnaissance and reference the source of science used. The critical area study shall
evaluate the proposal and all probable impacts to critical areas.
B. Wetland and Watercourse Critical Area Studies. The critical area study shall contain the
following information, as applicable:
1. The name and contact information of the applicant, a description of the proposal, and identification
of the permit requested;
2. A copy of the site plan for the development proposal showing: critical areas and buffers and the
development proposal with dimensions, clearing limits, proposed storm water management plan, and mitigation plan
for impacts due to drainage alterations;
3. The dates, names and qualifications of the persons preparing the study and documentation of any
fieldwork performed on the site;
4. Identification and characterization of all critical areas, water bodies, and buffers on or adjacent to the
proposed project area or potentially impacted by the proposed project as described in the following sections:
a. Characterization of wetlands must include:
(1) A wetland delineation report that includes methods used, field indicators evaluated and the
results. Wetland delineation must be performed in accordance with approved federal wetland delineation manual and
current applicable regional supplements. Field data forms are to be included in the report. Data collection points
are to be shown on the site plan with their corresponding numbers indicated. After the City of Tukwila confirms the
boundaries, they are to be professionally surveyed to the nearest square foot and the site plan modified as necessary
to incorporate the survey data. Exact wetland acreage will be calculated after the boundaries have been surveyed.
Applicant must submit electronic survey data in Autocad, GIS or similar format at the time of as -built submittal.
(2) Cowardin (Classification of Wetlands and Deepwater Habitats of the U.S. — U.S. Department
of Interior) classification of the wetland(s).
(3) Hydrogeomorphic classification of the wetland(s).
(4) Hydroperiod.
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(5) Brief landscape assessment of the wetland (identify hydrologic basin/sub-basin; inlets,
outlets; surrounding land use; habitat quality and connectivity; ultimate point of discharge; presence of culverts
or other constraints to flow; relationship to other wetlands/watercourses adjacent to or potentially impacted by the
proposed project).
(6) Description of buffer size per this chapter, conditions (topographic considerations, existing
vegetation types and density, habitat features, watercourse edges, presence of invasive species, etc.) and
functions.
(7) Assessment. For proposed wetland filling or proposed projects that will impact buffers the
Washington Wetland Classification System (2014 or most current) shall be used as a functional assessment.
b. Characterization of the watercourses on site, adjacent to, or potentially impacted by the proposed
project must include:
(1) Description of: flow regime, physical characteristics of streambed, banks, dimensions and
bank -full width, stream gradient, stream and buffer vegetation conditions, habitat conditions, and existing
modifications.
(2) Brief landscape assessment of the watercourse (identify hydrologic basin/sub-basin, and
contributing basin area acreage, outlets, surrounding land use, habitat quality and connectivity, ultimate point of
discharge, presence of culverts or other constraints to flow, presence of man-made or natural barriers to fish
passage, relationship to wetlands or other watercourses adjacent to or potentially impacted by the proposed project,
flow regime).
(3) Classification of the watercourse under Tukwila's rating system.
(4) Description of buffer size per this chapter, conditions (topographic considerations, existing
vegetation types
and density, habitat features, watercourse edges, presence of invasive species, etc.) and functions.
(5) Description of habitat conditions, wildlife/fish use of the watercourse, including sensitive,
threatened or endangered species.
c. Citation of any literature or other resources utilized in preparation of the report.
5. A statement specifying the accuracy of the study and assumptions used in the study.
6. Determination of the degree of hazard and risk from the proposal both on the site and on adjacent
properties.
7. An assessment of the probable cumulative impacts to critical areas, their buffers and other properties
resulting from the proposal.
8. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize and mitigate
impacts to critical areas.
9. Plans for adequate mitigation to offset any impacts.
10. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and
bonding measures.
11. Any technical information required by the Director to assist in determining compliance with this Chapter.
12. Wetland and Watercourse special studies are valid for five years following the date of the study, unless
otherwise determined by the Director.
C. GEOTECHNICAL REPORT-
1. A geotechnical report appropriate both to the site conditions and the proposed development shall be
required for development in Class 2, Class 3, Class 4 areas, and any areas identified as Coal Mine Hazard Areas.
2. Geotechnical reports for Class 2 areas shall include at a minimum a site evaluation review of available
information regarding the site and a surface reconnaissance of the site and adjacent areas potentially impacted by
the proposed project. Subsurface exploration of site conditions is at the discretion of the geotechnical consultant.
3. Geotechnical reports for Class 3, Class 4 and Coal Mine Hazard Areas shall include a site evaluation
review of available information about the site, a surface reconnaissance of the site and adjacent areas potentially
impacted by the proposed project, a feasibility analysis for the use of infiltration on -site and a subsurface exploration
of soils and hydrology conditions. Detailed slope stability analysis shall be done if the geotechnical engineer
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recommends it in Class 3 or Coal Mine Hazard Areas, and must be done in Class 4 areas.
4. Applicants shall retain a geotechnical engineer to prepare the reports and evaluations required in
this subsection. The geotechnical report and completed site evaluation checklist shall be prepared in accordance
with the generally accepted geotechnical practices, under the supervision of and signed and stamped by the
geotechnical engineer. The report shall be prepared in consultation with the Community Development and Public
Works Departments.
5. The opinions and recommendations contained in the report shall be supported by field observations
and, where appropriate or applicable, by literature review conducted by the geotechnical engineer which shall
include appropriate explorations, such as borings or test pits, and an analysis of soil characteristics conducted by
or under the supervision of the engineer in accordance with standards of the American Society of Testing and
Materials or other applicable standards. If the evaluation involves geologic evaluations or interpretations, the report
shall be reviewed and approved by a geotechnical engineer.
D. CRITICAL AREA STUDY- MODIFICATIONS TO REQUIREMENTS —
1.The Director may limit the required geographic area of the critical area study as appropriate if the applicant,
with assistance from the City, cannot obtain permission to access properties adjacent to the project area.
2.The Director may allow modifications to the required contents of the study where, in the judgment of a
qualified professional, more or less information is required to adequately address the potential critical area
impacts and required mitigation.
E. REVIEW OF STUDIES —The Department of Community Development will review and verify the information
submitted in the critical area study, to confirm the nature and type of the critical area. Public Works Department shall
seek a peer review of the geotechnical report on Class 3 and 4 slopes; and peer review on Class 2 slopes may be
required at the discretion of the Public Works Director. Peer review of the geotechnical reports shall be at the expense
of the applicants. For all other critical areas and at the discretion of the Director, critical area studies may undergo peer
review, at the expense of the applicant. (Ord. 2368 § 41, 2012; Ord. 2301 §1(part) 2010)
(Ord. 2301 §1(part), 20/0)
18.45.70 Critical Area Permitted Activities
A. Outright Permitted Activities. The following activities are outright permitted subject to the provisions of
TMC Chapter 21.04 and of the mitigation requirements of this chapter, if applicable:
1. Maintenance and repair of existing facilities provided no alteration or additional fill materials will
be placed or heavy construction equipment used in the critical area or buffer.
2. Site exploration or research that does not include use of heavy equipment or native vegetation
removal
3. Maintenance and repair of essential streets, roads, rights -of -way, or utilities, and placement,
maintenance, and repair of new fiberoptic utilities within existing improved and paved road.
4. Actions to remedy the effects of emergencies that threaten the public health, safety or welfare.
5. Maintenance activities of existing landscaping and gardens in a critical area buffer including, but not
limited, to mowing lawns, weeding, harvesting and replanting of garden crops and pruning and planting of vegetation.
This provision does not apply to removal of established native trees and shrubs, or to the excavation, filling, and
construction of new landscaping features, such as concrete work, berms and walls.
6. Voluntary native revegetation and/or removal of invasive species that does not include use of heavy
equipment. The use of herbicide by a licensed contractor with certification as needed from the Washington
Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to
application to the City and shall comply with TMC 18.45.158.E.3
B. PERMITTED ACTIVITIES SUBJECT TO ADMINISTRATIVE REVIEW. The following uses may be
permitted only after administrative review and approval of a Type 2 Special Permission application by the Director:
1. Maintenance and repair of existing uses and facilities where alteration or additional fill materials will
be placed or heavy construction equipment used in the critical area or buffer.
2. New surface water discharges to critical areas or their buffers from detention facilities, pre -settlement
Page 6 of 34
ponds or other surface water management structures may be allowed provided that the discharge meets the clean
water standards of RCW 90.48 and WAC 173.200 and 173.201 as amended, and does not adversely affect wetland
hydrology or watercourse flow. Water quality monitoring may be required as a condition of use.
3. Construction of bioswales and dispersion trenches are the only storm water facilities allowed in wetland
or watercourse buffers. Water quality monitoring may be required as a condition of use
4. Enhancement or other mitigation including landscaping with native plants that requires heavy
equipment.
5. Construction or maintenance of Essential Utilities if designed to
protect the critical area and its buffer against erosion, uncontrolled storm water, restriction of
groundwater movement, slides, pollution, habitat disturbance, any loss of flood carrying capacity and
storage capacity, and excavation or fill detrimental to the environment.
6. Construction or maintenance of Essential Public Streets, Roads and Rights -of -Way as defined by
TMC 18.06.285, provided the following criteria are met:
a. Are designed and maintained to prevent erosion and avoid restricting the natural movement of
groundwater.
b. Are located to conform to the topography so that minimum alteration of natural conditions is
necessary. The number of crossings shall be limited to those necessary to provide essential access.
c. Are constructed in a way that does not adversely affect the hydrologic quality of the wetland or
watercourse and/or its buffer. Where feasible, crossings must allow for combination with other essential utilities.
7. Public/Private Use and Access
a. Public and private access shall be limited to trails, boardwalks, covered or uncovered viewing
and seating areas, footbridges only if necessary for access to other areas of the property, and displays (such as
interpretive signage or kiosks), and must be located in areas that have the lowest sensitivity to human disturbance
or alteration. Access features shall be the minimum dimensions necessary to avoid adverse impacts to the critical
area. Trails shall be no wider than 5 feet and are only allowed in the outer 25 percent of the buffer, except for allowed
wetland or stream crossings. Crossings and trails must be designed to avoid adverse impacts to critical area
functions. The Director may require mechanisms to limit or control public access when environmental conditions
warrant (such as temporary trail closures during wildlife breeding season or migration season).
b. Public access must be specifically developed for interpretive, educational or research purposes by,
or in cooperation with, the City or as part of the adopted Tukwila Parks and Open Space Plan. Private footbridges
are allowed only for access across a critical area that bisects the property.
c. No motorized vehicle is allowed within a critical area or its buffer except as required for necessary
maintenance, agricultural management or security.
d. Any public access or interpretive displays developed along a critical area and its buffer must, to the
extent possible, be connected with a park, recreation or open -space area.
e. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary
to protect critical areas and their buffers by limiting access to designated public use or interpretive areas.
f. Access trails and footbridges must incorporate design features and materials that protect water
quality and allow adequate surface water and groundwater movement. Trails must be built of permeable materials.
g. Access trails and footbridges must be located where they do not disturb nesting, breeding and
rearing areas and must be designed so that sensitive plant and critical wildlife species are protected. Trails and
footbridges must be placed so as to not cause erosion or sedimentation, destabilization of watercourse banks,
interference with fish passage or significant removal of native vegetation. Footbridges must be anchored to prevent
their movement due to water level or flow fluctuations. Any work in the wetland or stream below the OHWM will
require additional federal and state permits.
8. Dredging, Digging or Filling may occur within a critical area or its buffer only with the permission of the
Director provided it meets mitigation sequencing requirements and is permitted under TMC 18.45.90
(alteration of wetland), TMC 18.45.110 (alteration of watercourse), or TMC 18.45.100 (areas of
geologic instability). Dredging, digging or filling shall only be permitted for flood control, improving water
quality and habitat enhancement unless otherwise permitted by this chapter.
Page 7 of 34
(Orcat 23010
(part), 2010)
18„45„075 Mitigation Sequendng
A. Applicants shall demonstrate that reasonable efforts have been examined with the intent to avoid and minimize
impacts to critical areas and critical area buffers. When an alteration to a critical area or its required buffer is proposed,
such alteration shall be avoided, minimized or compensated for in the following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing critical area or critical area buffer impacts by limiting the degree or magnitude of the action
and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life
of the action;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;
and/or
6. Monitoring the impact and taking appropriate corrective measures.
18.45.80 Wetlands Designations, Ratings and Buffers
A. WETLAND DESIGNATIONS.
1. For the purposes of TMC Chapter 18.45, "wetlands" and "regulated wetlands" are defined in the
Definitions chapter of this title. A wetland boundary is the line delineating the outer edge of a wetland established
in accordance with the approved federal wetland delineation manual and applicable regional supplement.
2. Wetland determinations and delineation of wetland boundaries shall be made by a qualified professional,
as described in TMC Section 18.45.040.
3. Wetland determinations and delineation or wetland boundaries must be conducted within no more than five
years prior to the date of permit application.
B. WETLAND RATINGS —
Wetlands shall be designated in accordance with the Washington State Wetlands Rating System for Western
Washington, (Washington State Department of Ecology,2014, Publication # 14-06-029); or as otherwise amended
by Ecology as Category I, II, III, or IV.
C. WETLAND BUFFERS —
1. Purpose. The purpose of the buffer area shall be to protect the integrity and functions of the wetland
area. Any land alteration must be located out of the buffer areas as required by this section. Wetland buffers are
intended in general to:
a. Minimize long-term impacts of development on properties containing wetlands;
b. Protect wetlands from adverse impacts during development;
c. Preserve the edge of the wetland and its buffer for its critical habitat value;
d. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight
variation of aquatic system boundaries over time due to hydrologic or climatic effects;
e. Reduce erosion and increased surface water runoff;
f. Reduce loss of or damage to property;
g. Intercept fine sediments from surface water runoff and serve to minimize water quality impacts; and
h. Protect the critical area from human and domestic animal disturbances.
Page 8 of 34
D. BUFFER REQUIREMENTS —
Buffer widths in Table 18.45.080-1 have been established in accordance with the best available science. They are
based on the category of wetland and the habitat score.
Table 18.45.080-1 Wetland Buffer Widths
Category
Wetland buffer width (ft), Ecology 2014, high -intensity land use impact
Habitat
Habitat
Habitat
Habitat score
Habitat
Habitat score 8-9
score
score
score
6-7
<6
<6
6-7
score 8-9
Standard
Buffer
Alternate
Buffer if impact
minimization
measures
taken AND
buffer is
replanted
Standard
Buffer
Alternate Buffer if
impact
minimization
measures taken
AND buffer is
replanted. Also,
100 feet vegetated
corridor between
wetland and any
nearby Priority
Habitats is
maintained (see
footnote 1)
Standard
Buffer
Alternate Buffer if
impact minimization
measures taken
AND buffer is
replanted. Also, 100
feet vegetated
corridor between
wetland and any
nearby Priority
Habitats is
maintained.
(see footnote 1)
100
75
150
110
300
225
II
100
75
150
110
300
225
III
80
60
150
110
300
225
IV
50
40
50
40
50
40
(1) A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between
the wetland and any nearby Priority Habitats as defined by the Washington State Department of Fish and
Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat
by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat
must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 18.45.080-
1 may be used with the required measures in Table 18.45.080-2 alone.
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Table 18.45.080-2 Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
Lights
• Direct lights away from wetland
Noise
• Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source
• For activities that generate relatively continuous, potentially disruptive noise,
such as certain heavy industry or mining, establish an additional 10' heavily
vegetated buffer strip immediately adjacent to the outer edge of wetland
buffer
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring wetland is
not dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
• Apply integrated pest management
Stormwater runoff
• Retrofit stormwater detention and treatment for roads and existing adjacent
development
• Prevent channelized flow from lawns that directly enters the buffer
• Use Low Intensity Development (LID) techniques where appropriate (for
more information refer to the drainage ordinance and manual)
Change in water regime
• Infiltrate or treat, detain, and disperse into buffer new runoff from impervious
surfaces and new lawns
Pets and human disturbance
• Use privacy fencing OR plant dense vegetation to delineate buffer edge and
to discourage disturbance using vegetation appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
• Use best management practices to control dust
E. BUFFER SETBACKS —
1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be set back 10
feet from the buffer's edge. The building setbacks shall be measured from the foundation to the buffer's edge.
Building plans shall also identify a 20-foot area beyond the buffer setback within which the impacts of
development will be reviewed.
2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the
buffer from construction or occasional maintenance activities (see TMC Figure 18-2).
F. VARIATION OF STANDARD WETLAND BUFFER WIDTH —
1. Buffer averaging may be allowed by the Director as a Type 2 permit if the total area of the buffer after
averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than
either 3 of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV,
whichever is greater, and so long as the following criteria is met:
a. The wetland has significant differences in characteristics that affect its habitat functions, and the
buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the wetland and
decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report.
b. There are no feasible alternatives to the site design that could be accomplished without buffer
averaging, and the averaged buffer will not result in degradation of the wetland's functions and values as
demonstrated by a critical areas report.
c. Compliance with mitigation sequencing requirements.
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d. Compliance with TMC 18.45 Vegetation Protection and Management section.
e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan along with
financial guarantee in accordance with TMC 18.45.
2. Interrupted Buffer: A waiver for interrupted buffer may be allowed by the Director as a Type 2 permit if the following
criteria is met:
i) The buffer is interrupted by a paved public or private road; legally constructed buildings; or legally
approved parking lots. This waiver does not apply to accessory structures such as sheds and
garages; and
j) The existing legal improvement creates a substantial barrier to the buffer function; and
ii) The interrupted buffer does not provide additional protection of the critical area from the proposed
development; and
iii) The interrupted buffer does not provide significant hydrological, water quality and wildlife functions.
This waiver does not apply if large trees or other significant native vegetation exists; and
iv) Enhancement of remaining buffer is required if feasible.
3. Buffers for all types of wetlands will be increased when they are determined to be particularly sensitive to disturbance
or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be
required only after completion of a wetland study by a qualified wetlands professional or expert that documents the
basis for such increased width. An increase in buffer width may be appropriate when:
a. The development proposal has the demonstrated potential for significant adverse impacts upon the
wetland that can be mitigated by an increased buffer width; or;
b. The area serves as a habitat for endangered, threatened, sensitive or monitor species listed
by the federal government or the State.
(Ord. 2368 §48, 2012; Ord, 2301 §1(pang), 2010)
18.45.90 Wetlands Uses, Alterations and Mitigation
A. No use or development may occur in a wetland or its buffer except as specifically allowed by TMC Chapter
18.45. Any use or development allowed is subject to review and approval by the Director. Where required, a
mitigation plan must be developed and must comply with the standards of mitigation required in TMC Chapter 18.45.
Where unauthorized alterations occur within a critical area or its buffer, the City will require the applicant to submit
a critical area study, that includes mitigation, subject to approval. The applicant shall be responsible for
implementing the mitigation and for additional penalties as determined by the Director. In addition, federal and/or
state authorization is required for direct impacts to waters of the United States or the State of Washington.
B. ALTERATIONS-
1. Alterations to wetlands are discouraged and are limited to the minimum necessary for project feasibility.
Requests for alterations must be accompanied by a mitigation plan, are subject to Director approval,
and may be approved only if the following findings are made:
a. The alteration complies with mitigation sequencing requirements.
b. The alteration will not adversely affect water quality;
c. The alteration will not adversely affect fish, wildlife, or their habitat;
d. The alteration will not have an adverse effect on drainage and/or storm water detention
capabilities;
e. The alteration will not lead to unstable earth conditions or create an erosion hazard or
contribute to scouring actions;
f. The alteration will not be materially detrimental to any other property;
g. The alteration will not have adverse effects on any other critical areas; and
Page 11 of 34
h. Complies with the maintenance and monitoring section.
2. Alterations are not permitted to Category I and II wetlands unless specifically exempted under
the provisions of TMC Chapter 18.45.
3. Alterations to Category III and IV wetlands are allowed only where unavoidable and adequate mitigation
is carried out in accordance with the standards of this section.
4. Alterations to isolated Category IV wetlands Tess than 1,000 square feet in size that meet all of the
following conditions are allowed where adequate mitigation is carried out in accordance with the
standards of this section.
a. They are not associated with a riparian corridor,
b. They are not associated with shorelines of the state or their associated buffers,
c. They are not part of a wetland mosaic;
d. They do not contain habitat identified as essential for local populations of priority species identified by the
Washington State Department of Fish and Wildlife, and
e. They do not score 6 points or greater for habitat in the Western Washington Wetland Rating System.
C.MITIGATION STANDARDS.
1) Types of Wetland Mitigation:
a) Mitigation for wetlands shall follow the mitigation sequencing steps in this chapter and may include the
following types of actions in order of decreasing preference:
1. Restoration:
a. Re-establishment. The manipulation of the physical, chemical or biological characteristics
of a site with the goal of restoring wetland functions to a former wetland, resulting in a net
increase in wetland acres and functions;
b. Rehabilitation. The manipulation of the physical, chemical or biological characteristics of
a site with the goal of repairing historic functions and processes of a degraded wetland,
resulting in a gain in wetland functions but not acreage;
2. Creation (establishment). The manipulation of the physical, chemical or biological characteristics
to develop a wetland on an upland or deepwater site, where a biological wetland did not
previously exist;
3. Enhancement. The manipulation of the physical, chemical or biological characteristics to
heighten, intensify, or improve specific functions (such as vegetation) or to change the
growth stage or composition of the vegetation present, resulting in a change in wetland
functions but not in a gain in wetland acreage.
4. A combination of the three types.
b) Required mitigation ratios are described in TMC Section 18.45.090.E.1.b.(1). Alternate mitigation ratios
may be accepted by the Director upon presentation of justification based on best available science that
shows the proposed compensation represents a roughly proportional exchange for the proposed impacts.
1. Alterations are not permitted to Category I or II wetlands unless specifically exempted under the
provisions of this program. When alterations are allowed, mitigation ratios for Category I
wetlands shall be at a 4:1 for creation or re- establishment, 8:1 for rehabilitation, and 16:1
for enhancement. Mitigation ratios for Category II wetlands shall be at 3:1 for creation or re-
establishment, 6:1 for rehabilitation and 12:1 for enhancement. Creation or re-establishment
shall be contiguous to the wetland, unless an exception is authorized by the Director. For
Category II estuarine wetlands, re-establishment, creation and enhancement ratios will be
decided on a case -by -case basis.
2. Alterations to Category III wetlands are prohibited except where unavoidable and mitigation
sequencing in accordance with this chapter has been utilized and where mitigation is carried
out in accordance with the standards in the section. Mitigation for any alteration to a Category
III wetland must be provided at a ratio of 2:1 for creation or re-establishment, 4:1 for
rehabilitation and 8:1 for enhancement alone.
Page 12 of 34
3. Mitigation for alteration to a Category IV wetland will be 1.5:1 for creation or re-establishment,
3:1 for rehabilitation or 6:1 for enhancement. Where only a portion of a Category IV wetland
is filled, the potential functionality of the remaining reduced wetland must be considered in
mitigation planning.
4. Mitigation for alteration to wetland buffers will be 1:1.
2) The following shall be considered the minimum performance standards for approved wetland alterations:
a. Wetland functions improved over those of the original conditions.
b. Hydrologic conditions and hydroperiods are improved over existing conditions and the specific hydrologic
performance standards specified in the approved mitigation plan are achieved.
c. Square feet requirements for creation, re-establishment, rehabilitation or enhancement and for proposed wetland
classes are met.
d. Vegetation native to the Pacific Northwest is installed and vegetation survival and coverage standards over time
are met and maintained.
e. Habitat features are installed, if habitat is one of the functions to be improved.
f. Buffer and bank conditions and functions exceed the original state.
3)Maintenance and monitoring of mitigation shall be done by the property owner for a period of no less than five
years and for ten years when the mitigation plan includes establishing forested wetland and/or buffers.
Maintenance shall be carried out in accordance with the approved mitigation plan. Monitoring reports must be
submitted to the City for review with the frequency specified in the approved mitigation plan.
D.WETLAND AND BUFFER MITIGATION LOCATION.
1.In instances where portions of a wetland or wetland buffer impacted by development remain after buffer averaging,
mitigation for buffer impacts shall be provided on -site, if feasible. Where an essential public road, street or right-of-way or
essential public utility cannot avoid buffer alterations, buffer enhancement must be carried out at other locations around
the impacted wetland.
2 On -site mitigation for wetland impacts shall be provided, except where the applicant can demonstrate that:
a. On -site wetland mitigation is not scientifically feasible due to problems with hydrology, soils, waves or
other factors; or
b. Mitigation is not practical due to potentially adverse impact from surrounding land uses; or
c. Existing functions created at the site of the proposed restoration are significantly greater than lost wetland
functions; or
d. Regional goals for flood storage, flood conveyance, habitat or other wetland functions have been
established and strongly justify location of mitigation at another site. and where off -site mitigation is
demonstrated to provide a greater ecological benefit to the watershed. Refer to 2005 WRIA 9 Salmon Habitat Plan
or as amended, for potential offsite mitigation locations.
3. Purchase of mitigation credits through mitigation banks and in lieu fee programs is preferred over permittee responsible
offsite mitigation.
4. The Community Development Director may approve, through a Type 2 decision, the transfer of wetland mitigation to a
wetland mitigation bank or in -lieu fee program using the criteria in 4.a. through 4.f. below. Wetland mitigation bank
credits shall be determined by the certified mitigation banking or in -lieu fee instrument.
a. Off -site mitigation is proposed in a wetland mitigation bank that has been approved by all appropriate
agencies, including the Department of Ecology, Corps of Engineers, EPA and certified under state
rules; and
b. The proposed wetland alteration is within the designated service area of the wetland bank; and
c. The applicant provides a justification for the number of credits proposed; and
d. The mitigation achieved through the number of credits required meets the intent of TMC Chapter 18.45; and
e. The Director bases the decision on a written staff report, evaluating the equivalence of the lost wetland functions
with the number of wetland credits required; and
f. The applicant provides a copy of the wetland bank ledger demonstrating that the approved number of credits
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has been removed from the bank.
.5. Where off -site mitigation location is proposed it shall comply with the following criteria:
a. Mitigation sites located within the Tukwila City limits are preferred
b. Mitigation bank or in -lieu fee option is not feasible.
c. The proposed mitigation will not alter or increase buffers on adjacent properties without their permission.
6.The Director may approve permittee-responsible offsite mitigation sites outside the city upon finding that:
i)Adequate measures have been taken to ensure the non -development and long-term viability of the mitigation
site; and
ii)Adequate coordination with the other affected local jurisdiction has occurred.
iii)The applicant has selected a site in a location where the targeted functions can reasonably be performed and
sustained and has pursued sites in the following order of preference:
Sites within the immediate drainage sub -basin; Sites within the next higher drainage sub -basin; and Sites within
Green/Duwamish River basin.
7. Wetland creation for restoration projects may only be approved if the applicant can show (1) that the adjoining
property owners are amenable to having wetland buffers extend onto or across their property; or (2) that the on -site
wetland buffers are sufficient to protect the functions and values of the wetland and the project as a whole results in
net environmental benefit.
E. MITIGATION TIMING — Mitigation projects shall be completed prior to activities that will permanently disturb
wetlands and either prior to or immediately after activities that will temporarily disturb wetlands.
Construction of mitigation projects shall be timed to reduce impacts to existing wildlife, flora and water
quality, and shall be completed prior to use or occupancy of the activity or development. The Director
may allow activities that permanently disturb wetlands prior to implementation of the mitigation plan
under the following circumstances:
1. To allow planting or re -vegetation to occur during optimal weather conditions;
2. To avoid disturbance during critical wildlife periods; or
3. To account for unique site constraints that dictate construction timing or phasing.
(Ord. 2301 §i (part), 2010)
F. WETLAND MITIGATION PLAN CONTENT.
1. The mitigation plan shall be developed as part of a critical area study by a qualified professional. Wetland
and/or buffer alteration or relocation may be allowed only when a mitigation plan clearly demonstrates that
the changes would be an improvement of wetland and buffer quantitative and qualitative functions. The
plan shall show how water quality, habitat, and hydrology would be improved.
2. The scope and content of a mitigation plan shall be decided on a case -by -case basis taking into account
the degree of impact and the extent of the mitigation measures needed. As the impacts to the critical area
increase, the mitigation measures to offset these impacts will increase in number and complexity.
3. For wetlands, the format of the mitigation plan should follow that established in Wetland Mitigation in
Washington State, Part 2 — Developing Mitigation Plans (Washington Department of Ecology, Corps of
Engineers, EPA, March 2006 or as amended).
4. The components of a complete mitigation plan are as follows:
a. Baseline information of quantitative data collection or a review and synthesis of existing data for both
the project impact zone and the proposed mitigation site.
b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should
include a description of site selection criteria, identification of target evaluation species and resource
functions.
c. Performance standards of the specific criteria for fulfilling environmental goals and for beginning
remedial action or contingency measures. They may include water quality standards, species richness
and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria.
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d. A detailed construction plan of the written specifications and descriptions of mitigation techniques. This
plan should include the proposed construction sequence, construction management and tree
protection and be accompanied by detailed site diagrams and blueprints that are an integral
requirement of any development proposal.
e. A monitoring and/or evaluation program that outlines the performance standards and methods for
assessing whether those performance standards are achieved during the specified monitoring period,
at least 5 years. At a minimum, the monitoring plan should address vegetative cover, survival, and
species diversity. Any project that alters the dimensions of a wetland or creates a new wetland shall
also monitor wetland hydrology. An outline shall be included that spells out how the monitoring data will
be evaluated by agencies that are tracking the mitigation project's progress.
f. Contingency plan identifying potential courses of action and any corrective measures to be taken when
monitoring or evaluation indicates project performance standards have not been met.
g. Performance security or other assurance devices as described in TMC Section 18.45.210.
18.45.100 Watercourse Designations, Ratings and Buffers
A. WATERCOURSE RATINGS. Watercourse ratings are consistent with the Washington Department of Natural
Resources water typing categories (WAC 222-16-030) or as amended, which are based on the existing habitat
functions and classified as follows:
1. Type S Watercourse: Watercourses inventoried as Shorelines of the State, under RCW
90.58. These watercourses shall be regulated under TMC Chapter 18.44, Shoreline Overlay.
2. Type F Watercourse: Those watercourses that are known to be used by fish or meet the
physical criteria to be potentially used by fish (as established in WAC 222-16-031(3) or as
amended) and that have perennial (year-round) or seasonal flows.
3. Type Np Watercourse: Those watercourses that have perennial flows and do not meet
the criteria of a Type F stream or have been proven not to contain fish using methods described
in the Forest Practices Board Manual Section 13.
4. Type Ns Watercourse: Those watercourses that have intermittent flows (do not have surface
flow during at least some portion of the year) ; do not meet the physical criteria of a Type F watercourse;
or have been proven to not support fish using methods described in the Forest Practices Board Manual
Section 13.
B. WATERCOURSE BUFFERS — Any land alteration must be located out of the buffer areas as required
by this section. Watercourse buffers are intended in general to:
1. Minimize long-term impacts of development on properties containing watercourses;
2. Protect the watercourse from adverse impacts during development;
3. Preserve the edge of the watercourse and its buffer for its critical habitat value;
4. Provide shading to maintain stable water temperatures and vegetative cover for additional wildlife
habitat;
5. Provide input of organic debris and uptake of nutrients;
6. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for
slight variation of aquatic system boundaries over time due to hydrologic or climatic effects;
7. Reduce erosion and increased surface water runoff;
8. Reduce loss of, or damage to, property;
9. Intercept fine sediments from surface water runoff and serve to minimize water quality impacts;
and
10. Protect the critical area from human and domestic animal disturbance.
An undisturbed and high quality critical area or buffer may substitute for the yard setback and landscape
requirements of TMC Chapter 18.50 and 18.52.
C. WATERCOURSE BUFFER WIDTHS — The following buffer widths, measured from the Ordinary High
Water Mark (OHWM), apply to each side of a watercourse. If the OHWM cannot be determined, then the buffer
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will be measured from the top of bank:
1. Type S Watercourse: Regulated under TMC Chapter 18.44, Shoreline Overlay.
2. Type F Watercourse: 100-foot-wide buffer.
3. Type Np Watercourse: Standard 80-foot-wide buffer; alternate buffer in the 50-65 range allowed with
buffer enhancement.
4. Type Ns Watercourse: 50-foot-wide buffer.
D. BUFFER SETBACKS —
1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be
set back 10 feet. Building setbacks shall be measured from the foundation to the buffer's edge. Building plans
shall also identify a 20-foot area beyond the buffer setback within which the impacts of development will be
reviewed.
2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts
to the buffer from construction or occasional maintenance activities (see TMC Figure 18-2).
E. VARIATION OF STANDARD WATERCOURSE BUFFER WIDTH —
1 Buffer averaging may be allowed by the Director as a Type 2 decision if the total area of the buffer after
averaging is equal to the area required without averaging and the buffer at its narrowest point is never less
than either 3 of the required width; and the following criteria is met:
a. The watercourse has significant differences in characteristics that affect its habitat functions, and the
buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the
watercourse and decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated
by a critical areas report from a qualified professional.
b. There are no feasible alternatives to the site design that could be accomplished without buffer
averaging, and the averaged buffer will not result in degradation of the watercourse's functions and
values as demonstrated by a critical areas report.
c. Compliance with mitigation sequencing requirements.
d. Compliance with TMC 18.45 Vegetation Protection and Management section.
e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan along with
financial guarantee in accordance with TMC 18.45.
f. Buffer averaging shall not adversely affect water quality.
g. No adverse affect to water temperature or shade potential will occur to the watercourse using
methodology per 2011 Washington State Department of Ecology's Green River Temperature Total
Maximum Daily Load (TMDL) assessment or as amended.
2. Interrupted Buffer: Waiver for interrupted buffer may be allowed by the Director as a Type 2 permit if
it complies with the following:
i) The buffer is interrupted by a paved public or private road; legally constructed buildings; or legally
approved parking lots. This waiver does not apply to accessory structures such as sheds and garages.
ij) The existing legal improvement creates a substantial barrier to the buffer function;
iii) The interrupted buffer does not provide additional protection of the critical area from the proposed
development; and
iv) The interrupted buffer does not provide significant hydrological, water quality and wildlife functions.
This waiver does not apply if large trees or other significant native vegetation exists.
v) Enhancement of remaining buffer is required if feasible.
3. Buffers for all types of watercourses will be increased when they are determined to be particularly sensitive
to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width
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of the buffer shall be required only after completion of a watercourse study by a qualified professional or
expert that documents the basis for such increased width. An increase in buffer width may be appropriate
when:
a. The development proposal has the demonstrated potential for significant adverse impacts upon the
watercourse that can be mitigated by an increased buffer width; or
b. The area serves as habitat for endangered, threatened, sensitive or monitor species listed by
the federal government or the State.
(Ord. 2301 §i (part), 2010)
18.45.110 Watercourse Alterations and Mitigation
A. WATERCOURSE ALTERATIONS. No use or development may occur in a watercourse or its buffer except
as specifically allowed by TMC Chapter 18.45. Any use or development allowed is subject to the standards of
TMC Chapter 18.45.
B. ALTERATIONS.
Daylighting and meandering of watercourses is encouraged. Culvert replacement is required where
applicable, and upgrades are required to meet State standards. Piping, dredging, diverting or rerouting is
discouraged. Culverts are piped segments of streams which flow under a road, trail or
driveway. Daylighting of a stream refers to taking a stream out of a pipe which is flowing underground, but
not necessarily under a road. All watercourse alterations shall be carried out as specified by the State
Department of Fish and Wildlife in accordance with an approved Hydraulic Project Approval (HPA).
1. The City encourages daylighting of a watercourse that is located in a pipe or meandering of a previously altered
watercourse to restore the stream to a more natural and open condition. As an incentive for daylighting the Director
may approve reduced buffers or setbacks.
Daylighting or meandering of a watercourse is only permitted if the following criteria
are met
a) The values and functions of the watercourse are improved including reducing stream flow during storm
and flood events, and providing fish and wildlife habitat.
b) No adverse impact to fish are expected to occur
c) Water quality is equal or better than existing condition
d) Hydraulic capacity is maintained within the new channel
e) The watercourse design complies with the Washington Department of Fish and
Wildlife Water Crossing Design Guidelines manual 2013 or as amended.
2. On properties with culverts that are being developed or re -developed, or when stream crossings in public or private
rights -of -way are being replaced, existing culverts that carry fish -bearing watercourses or those that could bear
fish (based on the criteria in WAC 222-16-031, Washington Forest Practices Rules and Regulations), shall be
upgraded to meet the standards in the Washington Department of Fish and Wildlife Water Crossing
Design Guidelines manual 2013 or as amended iftechnicallyfeasible. Any culvert replacement shall comply
with the following criteria:
a) The values and functions of the watercourse are improved including reducing stream flow during storm
and flood events, and providing fish and wildlife habitat.
b) No adverse impact to fish are expected to occur
c) Water quality is equal or better than existing condition
d) Hydraulic capacity is maintained within the new channel
e) The watercourse design complies with the Washington Department of Fish and
Wildlife Water Crossing Design Guidelines manual 2013 or as amended.
3. Piping, dredging, diverting or rerouting of any watercourse shall be avoided, if possible. Relocation of a
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watercourse or installation of a bridge is preferred to piping. If piping occurs in a watercourse, it shall be limited to the
degree necessary for stream crossings for access. Additionally, these alterations may only occur with the permission
of the Director as a Type 2 decision and subject to mitigation sequencing; requires an approved mitigation plan; and shall
meet the following criteria:
a) The watercourse alteration shall comply with the standards in current use and the standards of the Washington
Department of Fish and Wildlife in the "Water Crossing Design Guidelines" manual (2013 or as amended).
b) The watercourse alteration shall not cause adverse impacts to fish, confine the channel or floodplain, or adversely
affect riparian habitat (including downstream habitat).
c) Maintenance dredging of watercourses shall be allowed only when necessary to protect public safety, structures
and fish passage and shall be done as infrequently as possible. Long-term solutions such as stormwater retrofits
are preferred over ongoing maintenance dredging.
d) Stormwater runoff shall be detained and infiltrated to preserve the existing hydrology of the watercourse.
e) All construction shall be designed to have the least adverse impact on the watercourse, buffer and surrounding
environment. Construction shall minimize sedimentation through implementation of best management practices
for erosion control.
f) As a condition of approval, the Director may require water quality monitoring for stormwater discharges to
streams, and additional treatment of stormwater if water quality standards are not being met.
g) Where allowed, piping shall be limited to the shortest length possible as determined by the Director to allow
access onto a property.
h) Where water is piped for an access point, those driveways or entrances shall be consolidated to serve multiple
properties where possible, and to minimize the length of piping.
i) Piping shall not create an entry point for road runoff, create downstream scour, or cause erosion or sedimentation
j) Water quality must be as good or better for any water exiting the pipe as for the water entering the pipe, and flow
must be comparable.
C. MITIGATION STANDARDS
1) The following shall be considered the minimum standards for approved mitigation projects:
a. Maintenance or improvement of stream channel habitat and dimensions such that the fisheries habitat functions
of the compensatory stream meet or exceed that of the original stream;
b. Bank and buffer configuration restored to an enhanced state;
c. Channel, bank and buffer areas replanted with native vegetation that improves upon the original condition in
species diversity and density;
d. Stream channel bed and biofiltration systems equivalent to or better than in the original stream;
e. Original fish and wildlife habitat enhanced unless technically notfeasible;and
f. If onsite mitigation is not possible and to ensure there is no net loss of watercourse functions including but not
limited to shading, the applicants may pay into an in -lieu fund if available to ensure that projects are fully
mitigated.
2) Relocation of a watercourse shall not result in the new critical area or buffer extending beyond the development site
and onto adjacent property without the written agreement of the affected property owners.
D. MITIGATION TIMING — Department of Community Development -approved plans as Type 2 decision must
have the mitigation construction completed before the existing watercourse can be modified. The Director may
allow activities that permanently disturb a watercourse prior to implementation of the mitigation plan under the
following circumstances:
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a. To allow planting or re -vegetation to occur during optimal weather conditions; or
b. To avoid disturbance during critical wildlife periods; or
c. To account for unique site constraints that dictate construction timing or phasing.
E. MITIGATION PLAN CONTENT. All impacts to a water- course that degrade the functions of the watercourse or its
buffer shall be avoided. If alteration to the watercourse or buffer is unavoidable, all adverse impacts resulting from a
development proposal or alteration shall be mitigated in accordance with an approved mitigation plan as described
below.
a. Mitigation plans shall be completed for any proposals of dredging, filling, diverting, piping and
rerouting of watercourses or buffer impacts and shall be developed as part of a critical area study by a
qualified professional. The plan must show how water quality, treatment, erosion control, pollution reduction,
wildlife and fish habitat, and general watercourse quality would be improved.
b. The scope and content of a mitigation plan shall be decided on a case -by -case basis taking into account
the degree of impact and extent of mitigation measures needed. As the impacts to the watercourse or its buffer
increase, the mitigation plan to offset these impacts will increase in extent and complexity.
c. The components of a complete mitigation plan are as follows:
i. Baseline information including existing watercourse conditions such as hydrologic patterns/flow
rates, stream gradient, bank full width, stream bed conditions, bank conditions, fish and other wildlife
use, in -stream structures, riparian conditions, buffer characteristics, water quality, fish barriers and
other relevant information.
ii. Environmental goals and objectives that describe the purposes of the mitigation measures. This
should include a description of site selection criteria, identification of target evaluation species and functions.
iii. Performance standards for fulfilling environmental goals and objectives and for triggering remedial
action or contingency measures. Performance standards may include water quality standards, species richness
and diversity targets, habitat diversity indices, creation of fish habitat, or other ecological, geological or hydrological
criteria.
iv. Detailed construction plan of the written specifications and descriptions of mitigation techniques.
This plan should include the proposed construction sequence and construction management, and be accompanied
by detailed site diagrams and blueprints that are an integral requirement of any development proposal.
v. Monitoring and/or evaluation program that outlines the approach for assessing a completed project.
At least five years of monitoring is required. An outline shall be included that spells out how the monitoring data will
be evaluated by agencies that are tracking the mitigation project's process. For projects that discharge stormwater
to a stream, the Director may require water quality monitoring.
vi. Contingency plan identifying potential courses of action and any corrective measures to be taken
when monitoring or evaluation indicates project performance standards have not been met.
vii. Performance security or other assurance devices as described in TMC Section 18.45.210.
(Ord. 2301 §i (part), 2010)
18.45.120 Areas of Potential Geologic Instability Designation, Rating and Buffers
A. DESIGNATION — Potential areas of geologic instability include areas of potential erosion and landslide
hazards. Areas of potential geologic instability are classified as follows:
1. Class 1 area, which has a slope of less than 15%;
2. Class 2 areas, which has a slope between 15% and 40%, and which are underlain by relatively
permeable soils;
3. Class 3 areas, which include areas sloping between 15% and 40%, and which are underlain by
relatively impermeable soils or by bedrock, and which also include all areas sloping more steeply than 40%;
4. Class 4 areas, which include sloping areas with mappable zones of groundwater seepage, and which
also include existing mappable landslide deposits regardless of slope.
B. Mapping.
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1. The approximate location, extent, and designation of areas of potential geologic instability are depicted
in the City's Critical Areas Map. Actual boundaries and designations shall be determined by a qualified professional on
a site -specific basis.
2. In addition to the City's Critical Areas Map, the following publicly available mapping information may be
used to determine appropriate designations:
a. For historic landslides, areas designated as quaternary slumps, earthflows, mudflows, or landslides
on maps published by the U.S. Geological Survey or the WDNR Division of Geology and Earth Resources;
b. For potential or historic landslides, those areas mapped by the WDNR (slope stability mapping) as
unstable (U or class 3), unstable old slides (UOS or class 4), or unstable recent slides (URS or class 5);
c. For soil characteristics, the U.S. Department of Agriculture's Natural Resources Conservation
Service (NRCS) Official Soil Survey Data; and
d. For general instability, those areas mapped by the NRCS as having a significant limitation for
building site development.
C. BUFFERS —
1. The buffers for areas of potential geologic instability are intended to:
a. Minimize long-term impacts of development on properties containing critical areas;
b. Protect critical areas from adverse impacts during development;
c. Prevent loading of potentially unstable slope formations;
d. Protect slope stability;
e. Provide erosion control and attenuation of precipitation surface water and stormwater runoff; and
f. Reduce loss of or damage to property.
D. Each development proposal containing or threatened by an area of potential geologic instability Class 2 or higher
shall be subject to a geotechnical report pursuant to the requirements of TMC Chapter 18.45.040 C, and
18.45.060. The geotechnical report shall analyze and make recommendations on the need for and width of any
setbacks or buffers necessary to achieve the goals and requirements of this chapter. Development
proposals shall then include the buffer distances as defined within the geotechnical report.
(Ord, 2368 §49, 2012; Ord, 2301 §1(part), 2010)
18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation.
A. GENERAL — The uses permitted in the underlying zoning district may be undertaken on sites that contain
areas of potential geologic instability subject to the standards of this section and the recommendations of a
geotechnical study.
B. EXEMPTIONS — The following areas are exempt from regulation as geologically hazardous areas:
1. Temporary stockpiles of topsoil, gravel, beauty bark or other similar landscaping or construction
materials;
2. Slopes related to materials used as an engineered pre -load for a building pad;
3. Roadway embankments within right-of-way or road easements; and
4. Slopes retained by approved engineered structures.
C. ALTERATIONS-
1. Prior to permitting alteration of an area of potential geologic instability, the applicant must
demonstrate one of the following:
a. There is no evidence of past instability or earth movement in the vicinity of the proposed
development, and where appropriate, quantitative analysis of slope stability indicates no significant risk to the
proposed development or surrounding properties; or
b. The area of potential geologic instability can be modified or the project can be designed so
that any potential impact to the project and surrounding properties is eliminated, slope stability is not decreased,
and the increase in surface water discharge or sedimentation shall not decrease slope stability.
2. Where any portion of an area of potential geologic instability is cleared for development, a landscaping
plan for the site shall include tree replanting with an equal mix of evergreen and deciduous trees, shrubs and
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groundcovers, preferably native, and approved by the Director. Replacement vegetation shall be sufficient to provide
erosion and stabilization protection.
3. Critical facilities shall not be sited within or below an area of potential geologic instability unless
there is no practical alternative (demonstrated by the applicant)
4. Land disturbing activities in an area of potential geologic instability shall provide for storm water
quality and quantity control, including preparation of a TESC and permanent drainage plan prepared by a
professional engineer licensed in WA.
5. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an area
of potential geologic instability or its buffer shall be prohibited. When permitted as part of an approved alteration,
vegetation removal shall be minimized to the extent practicable
6. Surface drainage, including downspouts, shall not be directed across the face of an area of
potential geologic instability; if drainage must be discharged from the top of a hazard to its toe, it shall be collected
above the top and directed to the toe by tight line drain, and provided with an energy dissipative device at the toe for
discharge to a swale or other acceptable natural drainage areas
7. Structures and improvements shall minimize alterations to the natural contour of the slope, and
foundations shall be tiered where possible to conform to existing topography (minimize grading/cut & fill to amount
necessary)
The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties
D. DISCLOSURES, DECLARATIONS AND COVENANTS
1. It shall be the responsibility of the applicant to submit, consistent with the findings of the geotechnical
report, structural plans that were prepared and stamped by a structural engineer. The plans and specifications
shall be accompanied by a letter from the geotechnical engineer who prepared the geotechnical report stating
that in his/her judgment the plans and specifications conform to the recommendations in the geotechnical report,
the risk of damage to the proposed development site from soil instability will be minimal subject to the conditions
set forth in the report, and the proposed development will not increase the potential for soil movement.
2. Further recommendations signed and sealed by the geotechnical engineer shall be provided should there be additions
or exceptions to the original recommendations based on the plans,site conditions or other supporting data. If the
geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the
geotechnical report, the new engineer shall, in a letter to the City accompanying the plans and specifications,
express his or her agreement or disagreement with the recommendations in the geotechnical report and state that the
plans and specifications conform to his or her recommendations.
3. The architect or structural engineer shall submit to the City, with the plans and specifications, a letter or notation on
the design drawings at the time of permit application stating that he or she has reviewed the geotechnical report,
understands its recommendations, has explained or has had explained to the owner the risks of loss due to
slides on the site, and has incorporated into the design the recommendations of the report and established
measures to reduce the potential risk of injury or damage that might be caused by any earth movement predicted in
the report.
4. The owner shall execute a Critical Areas Covenant and Hold Harmless Agreement running with the land on a form
provided by the City. The City will file the completed covenant with the King County Department of Records and
Elections at the expense of the applicant or owner. A copy of the recorded covenant will be forwarded to the owner.
E. ASSURANCE DEVICES — Whenever the City determines that the public interest would not be served by the
issuance of a permit in an area of potential geologic instability without assurance of a means of providing for
restoration of areas disturbed by, and repair of property damage caused by, slides arising out of or occurring
during construction, the Director may require assurance devices pursuant to TMC Section 18.45.210.
F. CONSTRUCTION MONITORING —
1. Where recommended by the geotechnical report, the applicant shall retain a geotechnical engineer to
monitor the site during construction. The applicant shall preferably retain the geotechnical engineer who prepared
the final geotechnical recommendations and reviewed the plans and specifications. If a different geotechnical
engineer is retained by the owner, the new geotechnical engineer shall submit a letter to the City stating whether
or not he/she agrees with the opinions and recommendations of the original geotechnical engineer. Further
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recommendations, signed and sealed by the geotechnical engineer, and supporting data shall be provided should
there be exceptions to the original recommendations.
2. The geotechnical engineer shall monitor, during construction, compliance with the recommendations
in the geotechnical report, particularly site excavation, shoring, soil support for foundations including piles,
subdrainage installations, soil compaction and any other geotechnical aspects of the construction. Unless
otherwise approved by the City, the specific recommendations contained in the soils report must be implemented
by the owner. The geotechnical engineer shall make written, dated monitoring reports on the progress of the
construction to the City at such timely intervals as shall be specified. Omissions or deviations from the
approved plans and specifications shall be immediately reported to the City. The final construction monitoring
report shall contain a statement from the geotechnical engineer that based upon his or her professional opinion,
site observations and testing during the monitoring of the construction, the completed development substantially
complies with the recommendations in the geotechnical report and with all geotechnical-related permit
requirements. Occupancy of the project will not be approved until the report has been reviewed and accepted by the
Director.
G. CONDITIONING AND DENIAL OF USE OR DEVELOPMENTS-
1. Substantial weight shall be given to ensuring continued slope stability and the resulting public health,
safety and welfare in determining whether a development should be allowed.
2. The City may impose conditions that address site- work problems which could include, but are not
limited to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as
installing erosion control and drainage systems well in advance of construction. A permit will be denied if it is
determined by the Director that the development will increase the potential of soil movement that results in an
unacceptable risk of damage to the proposed development, its site or adjacent properties.
(Ord. 2301 §1 (part), 2010)
18.45.140 Coal Mine Hazard Areas
A. Development of a site containing an abandoned mine area may be permitted when a geotechnical
report shows that significant risks associated with the abandoned mine workings can be eliminated or mitigated so
that the site is safe. Approval shall be obtained from the Director before any building or land -altering permit
processes begin.
B. Any building setback or land alteration shall be based on the geotechnical report.
C. The City may impose conditions that address site -work problems which could include, but are not limited
to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as installing
drainage systems or erosion controls well in advance of construction. A permit will be denied if it is determined
that the development will increase the potential of soil movement or result in an unacceptable risk of damage
to the proposed development or adjacent properties.
D. The owner shall execute a Critical Areas Covenant and Hold Harmless Agreement running with the land
on a form provided by the City. The City will file the completed covenant with the King County Division of Records
and Elections at the expense of the applicant or owner. A copy of the recorded covenant will be forwarded to the
owner.
(Ord. 2301 §1 (part), 2010)
18.45.150 Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses and
Standards
A. DESIGNATION —
1. Fish and wildlife habitat conservation areas include the habitats listed below:
a. Areas with which endangered, threatened, and sensitive species have a primary association;
b. Habitats and species of local importance, including but not limited to bald eagle habitat, heron rookeries, mudflats and
marshes, and areas critical for habitat connectivity;
c. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
d. Waters of the State;
e. State natural area preserves and natural resource conservation areas; and
Page 22 of 34
f. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity
2. Type S watercourses, including the Green/Duwamish River, are regulated under TMC 18.44 and not under this
section.
3. Wetlands and watercourses are addressed under 18.45.080, 18.45.090, 18.45.100 and 18.45.110, and not under
this section.
B. MAPPING-
1. The approximate location and extent of known fish and wildlife habitat conservation areas are identified
by the City's Critical Areas Maps, inventories, open space zones, and Natural Environment Background Report.
2. In addition to the Critical areas Maps, the following maps are to be used as a guide for the City, but do
not provide a final habitat area designation:
a. Washington State Department of Fish and Wildlife Priority Habitat and Species Maps;
b. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors report
for the Green/Duwamish and Central Puget Sound Watersheds published by King County and the Washington
Conservation Commission; and
NOAA Digital Coast for Washington State.
C. BUFFERS —
1. Each development proposal on, adjacent to, or with the potential to impact a Fish and Wildlife Habitat
Conservation Area other than wetlands and watercourses shall be subject to a habitat assessment report pursuant
to the requirements of TMC Chapter 18.45.040.E and 18.45.060. The habitat assessment shall analyze and make
recommendations on the need for and width of any setbacks or buffers necessary to achieve the goals and
requirements of this chapter, with specific consideration of Priority Habitats and Species Management
Recommendations from the Washington Department of Fish and Wildlife. Recommended buffers shall be no less
than 100 feet in width.
2. Buffers may be increased by the Director when an area is determined to be particularly sensitive to the
disturbance created by a development. Such a decision will be based on a City review of the report as prepared by
a qualified biologist and by a site visit.
D. USES AND STANDARDS — Each development proposal on, adjacent, or with the potential to impact
a Fish and Wildlife Habitat Conservation Area that is not fully addressed under 18.45.080, 18.45.090, 18.45.100
and 18.45.110 shall be subject to a habitat assessment report pursuant to the requirements of TMC Chapter
18.45.040.E and 18.45.060. The habitat assessment shall analyze potential impacts to Fish and Wildlife Habitat
Conservation Areas and make recommendations to minimize such impacts, with specific consideration of Priority
Habitats and Species Management Recommendations from the Washington Department of Fish and Wildlife.prof
2301 §1 (part), 2010)
1 45155 Spec] III III°°°Ill z ur d Ares
A. Regulations governing Special Hazard Flood areas are found in TMC Chapter 16.52, Flood Zone
Management and 18.45.155.B.
B. Floodplain Habitat Assessment.
1. When development is proposed within a Special Hazard Flood areas, a floodplain habitat assessment
shall be prepared pursuant to the requirements of TMC Chapter 18.45.040 B and 18.45.060.
2. The floodplain habitat assessment shall address the effects of the development on federally listed salmon,
including, but not limited to the following:
a. Impervious surfaces,
b. Floodplain storage and conveyance,
c. Floodplain and riparian vegetation, and
d. Stormwater drainage.
Page 23 of 34
3. If the floodplain habitat assessment concludes that the project is expected to have an adverse effect on
listed species as evaluated under the guidance issued for ESA compliance under the National Flood
Insurance Program in Puget Sound, the applicant shall mitigate those impacts. Such mitigation shall be
consistent with, or in addition to, any mitigation required by this Chapter and shall be incorporated into
the approved project plans.
4. Activities Exempt from Floodplain Habitat Assessment. A floodplain habitat assessment is not required
under the following circumstances:
a. Projects that are undergoing or have undergone consultation with the National Marine Fisheries
Service under the Endangered Species Act.
b. Repair or remodeling of an existing structure, if the repair or remodeling is not a substantial
improvement.
c. Expansion of an existing structure that is no greater than 10 percent beyond its existing footprint;
provided, that the repairs or remodeling is not a substantial improvement, or a repair of
substantial damage. This measurement is counted cumulatively from September 22, 2011. If
the structure is in the floodway, there shall be no change in the dimensions perpendicular to
flow.
d. Activities with the sole purpose of creating, restoring, or enhancing natural functions provided
the activities do not include construction of structures, grading, fill, or impervious surfaces.
e. Development of open space and recreational facilities, such as parks and trails, that do not
include structures, fill, impervious surfaces or removal of more than 5 percent of the native
vegetation on that portion of the property in the regulatory floodplain.
f. Repair to on -site septic systems provided the ground disturbance is the minimum necessary.
g.
Other minor activities considered to have no effect on listed species, as interpreted using ESA
guidance issued by the National Flood Insurance Program in Puget Sound and confirmed
through City review of the development proposal.
1 45„,115 Vege.t U u°m II' o f cflii n nd IIM n
9
m,ui°mumf
A. Purpose
1.The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the critical areas and their buffers;
b. Establish requirements for removal of invasive plants at the time of development or re -development of sites;
c. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive
species and promote ecosystem processes.
B. Applicability
This chapter sets forth rules and regulations to control maintenance and clearing of trees within the City of Tukwila
for properties located within a critical area or its associated buffer. For properties located within the Shoreline
jurisdiction, the maintenance and removal of vegetation shall be governed by TMC Chapter 18.44, "Shoreline Overlay."
TMC 18.54 Urban Forestry and Tree chapter shall govern tree removal on any undeveloped land and any land zoned
Low Density Residential (LDR) that is developed with a single family residence. TMC Chapter 18.52 "Landscape
Requirements" shall govern the maintenance and removal of landscaping on developed properties that are zoned
commercial, industrial, or multifamily, and on properties located in the LDR zone that are developed with a non -single
family residential use. The most stringent regulations shall apply in case of a conflict.
Page 24 of 34
C. Vegetation Retention and Replacement.
1. Retention
a. Native vegetation in critical areas and their buffers must be protected and maintained. No removal of
native vegetation is allowed without prior approval by the City except in cases of emergency where an
imminent hazard to public life, safety or property exists. Vegetation may be removed from the buffer as part
of an enhancement plan approved by the Director. Enhancements will ensure that slope stability and
wetland quality will be maintained or improved. Any temporary disturbance of the buffers shall be replanted
with a diverse plant community of native northwest species.
b. Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from a critical area or its buffer except
steep slopes without a permit if removal does not utilize heavy equipment . The use of herbicide by a licensed
contractor with certifications as needed from the Washington Department of Ecology and the Washington
Department of Agriculture is permitted but requires notification prior to application to the City and shall comply
with TMC 18.45.158.E.3. Invasive vegetation removal on steep slopes requires prior City approval
c. Hazardous or defective trees, as defined in TMC 18.06, may be removed from a critical area if threat posed
by the tree is imminent. If the hazard is not obvious, an assessment by a certified professional, as defined in
TMC 18.06, may be required by the Director. Dead and hazardous trees should remain standing or be cut
and placed within the critical area to the extent practicable to maximize habitat. Tree replacement in
accordance with this chapter is required for any hazardous tree removed from a critical area.
d. In the case of development or re -development, as many significant trees and as much native vegetation as
possible are to be retained on a site, taking into account the condition and age of the trees. As part of a land
use application, including, but not limited to, subdivision or short plat, design review or building permit review,
the Director of Community Development or the Board of Architectural Review may require alterations in the
arrangement of buildings, parking or other elements of proposed development in order to retain significant
vegetation.
2. Permit Requirements. Prior to any tree removal or site clearing unless it is part of Special Permission approval
for interrupted buffer, buffer averaging or other critical areas deviation, a Type 2 Critical Area Tree Removal and
Vegetation Clearing Permit application must be submitted to the Department of Community Development (DCD)
containing the following information:
a. A vegetation survey on a site plan that shows the diameter, species and location of all significant trees and all
existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and trees to be removed and provides a table
showing the number of significant trees to be removed and the number of replacement trees required.
c. Tree protection zones and other measures to protect any trees or native vegetation that are to be retained for
sites undergoing development or re -development.
d. Location of the OHWM, stream buffer, wetland, wetland buffer, steep slope or any other critical areas with their
buffers.
e. A landscape plan that shows diameter, species name, spacing and planting location for any required
replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if required by DCD.
g. An application fee per the current Land Use Permit Fee resolution.
Page 25 of 34
3. Criteria for Tree Removal in a Critical Area or its buffer
A Type 2 Critical Area Tree Removal and Vegetation Clearing Permit shall only be approved if the proposal
complies with the following criteria as applicable:
a. The site is undergoing development or redevelopment;
b. Tree poses a risk to structures;
c. There is imminent potential for root or canopy interference with utilities;
d. Trees interferes with the access and passage on public trails;
e. Tree condition and health is poor, the City may require an evaluation by an International Society of
Arborists (ISA) certified arborist;
f. Trees present an imminent hazard to the public. If the hazard is not readily apparent, the City may require
an evaluation by an International Society of Arborists (ISA) certified arborist; and
The proposal complies with tree retention, replacement, maintenance and monitoring requirements of
this Chapter.
g•
4. Tree Replacement Requirements Where permitted, significant trees that are removed, illegally topped, or
pruned by more than 25% within a critical areas shall be replaced pursuant to the tree replacement requirements shown
below, up to a density of 100 trees per acre (including existing trees). Significant trees that are part of an approved
landscape plan on the developed portion of the site are subject to replacement per TMC 18.52. Dead or dying trees
removed that are part of an approved landscape plan on the developed portion of the site shall be replaced at 1:1 ratio
in the next appropriate planting season. Dead or dying trees located within the critical area or its buffer shall be left in
place as wildlife snags, unless they present a hazard to structures, facilities or the public. Removal of dead, dying or
otherwise hazardous trees in non -developed areas are subject to the replacement requirements listed in the Table
below. The Director may require additional trees or shrubs to be installed to mitigate any potential impact from the loss
of this vegetation as a result of new development.
Tree Replacement Requirements
Diameter* of Tree Removed (*measured
at height of 4.5 feet from the ground)
Number of
Replacement Trees
Required
4- 6 inches (single trunk);
2 inches (any trunk of a multi -trunk tree)
3
Over 6 - 8 inches
4
Over 8 - 20 inches
6
Over 20 inches
8
If all required replacement trees cannot be reasonably accommodated on the site, the applicant shall pay into a
tree replacement fund per the adopted fee resolution.
Topping of trees is prohibited and will be regulated as removal subject to tree replacement requirements listed
above.
Pruning of trees shall not exceed 25% of canopy in a 36 month period. Pruning in excess of 25% canopy shall be
regulated as removal with tree replacement required per Table listed above. Trees may only be pruned to lower their
height to prevent interference with an overhead utility line with prior approval by the Director as part of Type 2 Critical
Area Tree Permit. The pruning must be carried out under the direction of a Qualified Tree Professional or performed
Page 26 of 34
by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3
the height of the tree prior to pruning.
D. Tree Protection
All trees not proposed for removal as part of a project or development shall be protected using Best Management
Practices and the standards below.
1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable,
shall be identified on all construction plans, including demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with
appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the
tree.
3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed
around each individual tree or grouping at the CRZ.
4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree
(height and canopy) as follows:
a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk
diameter.
5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the
Director.
6. A weatherproof sign shall be installed on the fence or barrier that reads:
"TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil
disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of
this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to
construction activity that results in the death or necessary removal of the tree is subject to the Violations section of
TMC Chapter 18.45."
7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree
Professional, prior to beginning construction or earth moving.
8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior
to construction by a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the
trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental
water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's
report to prepare the trees for the stress of construction activities.
10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of
permanent heavy structures or items shall occur within the CRZ.
11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes
within 10 feet of the CRZ shall be approved by the City prior to implementation.
12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the
proposed development.
13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions.
14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by
the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree
Professional.
E. Plant Materials Standards
For any new development, redevelopment or restoration in a Critical Area, invasive vegetation must
be removed, and native vegetation planted and maintained in the Critical Area and its buffer.
1. A planting plan prepared by a qualified biologist shall be submitted to the City for approval that shows plant
species, size, number, spacing, soil preparation irrigation, and invasive species removal. The requirement for
Page 27 of 34
a biologist may be waived by the Director for single family property owners when the mitigation area is less than 1500
sq. ft.
2. Invasive vegetation must be removed as part of site preparation and native vegetation planted in the Critical
Area and its buffer where impacts occur.
3. Removal of invasive species shall be done by hand or with hand-held power tools. The use of herbicide by a
licensed contractor with certifications as needed from the Washington Department of Ecology and the Washington
Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with
TMC 18.45.158.E.3 Where not feasible and mechanized equipment is needed, the applicant must obtain a Type 2
permit prior to work being conducted. Removal of invasive vegetation must be conducted so that the slope stability, if
applicable, will be maintained and native vegetation is protected. A plan must be submitted indicating how the work will
be done and what erosion control and tree protection features will be utilized. Federal and State permits may be
required for vegetation removal with mechanized equipment.
4. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided
for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat
grazing. The method selected shall not destabilize the bank or cause erosion.
5. A combination of native trees, shrubs and groundcovers (including but not limited to grasses, sedges, rushes
and vines) shall be planted. Site conditions, such as topography, exposure, and hydrology shall be taken into
account for plant selection. Other species may be approved if there is adequate justification.
6.. Non-native trees may be used as street trees in cases where conditions are not appropriate for native trees (for
example where there are space or height limitations or conflicts with utilities).
7.Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape
Association —ANLA).
8. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred
for buffer plantings. Willow stakes must be at least 1/2-inch in diameter. For existing developed areas refer to
landscaping chapter TMC 18.52 for plant sizes in required landscape areas.
9. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring
the vegetation's long-term health and survival. Irrigation is required for all plantings for the first three years as approved
by the Director.
10. Plants may be selected and placed to allow for public and private view corridors with approval by Director.
11. Native vegetation in Critical Areas and their buffers installed in accordance with the preceding standards shall
be maintained by the property owner to promote healthy growth and prevent establishment of invasive
species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according
to the approved maintenance plan.
12. Critical Areas including steep slopes disturbed by removal of invasive plants or development shall be replanted
with native vegetation where necessary to maintain the density shown in Table below. and must be replanted in a
timely manner, except where a long-term removal and re -vegetation plan, as approved by the City, is being
implemented.
Critical Area Buffer Vegetation Planting Densities Table
Plant Material Type
Planting Density
Stakes/cuttings along
streambank (willows, red osier
dogwood)
1 - 2 feet on center or per
bioengineering method
Shrubs
3 - 5 feet on center,
depending on species
Trees
15 — 20 feet on center,
depending on species
Groundcovers, grasses,
sedges, rushes, other herbaceous
plants
1 —1.5 feet on center,
depending on species
Native seed mixes
5 - 25 lbs. per acre,
depending on species
Page 28 of 34
13.The Department Director, in consultation with the City's environmentalist, may approve the use of shrub
planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed
as a measure to control invasive plants and increase buffer function.
F. Vegetation Management in Critical Areas The requirements of this section apply to all existing and new
development within critical areas.
1.Trees and shrubs may only be pruned for safety, to maintain access corridors and trails by pruning up or on the
sides of trees, to maintain clearance for utility lines, and/or for improving critical area ecological function. No more
than 25% may be pruned from a tree within a 36 month period without prior City review. This type of pruning is exempt
from any permit requirements.
2.Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly
unless on site storage is approved by the Director. Per King County Noxious Weed Control Program guidelines,
regulated noxious weeds need to be disposed of in the landfill/trash and non -regulated noxious weeks can be disposed
of in green waste or composted on site.
3.Use of pesticides.
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the critical area or its buffer
except where:
(1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of
the infestation, site characteristics, or the characteristics of the invasive plant species and herbicide is determined to
be least ecologically impactful;
(2) The use of pesticides has been approved by the City through a comprehensive vegetation or pest management
and monitoring plan, or a King County Noxious Weed Control Program Best Management Practices document;
(3) The pesticide is applied in accordance with state regulations;
(4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and
(5) The use of pesticides in the critical area jurisdiction is approved by the City and the applicant presents a copy
of the Aquatic Pesticide Permit issued by the Department of Ecology or Washington Department of Agriculture, if
required.
b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive
areas of turf shall implement an integrated turf management program or integrated pest management plan designed
to ensure that water quality in the Critical Area is not adversely impacted.
4.Restoration Project Plantings: Restoration projects may overplant the site as a way to discourage the re-
establishment of invasive species. Thinning of vegetation without a separate Type 2 Special Permission or critical area
tree permit may be permitted five to ten years after planting if this approach is approved as part of the restoration
project's maintenance and monitoring plan and with approval by the City prior to thinning work.
G. Maintenance and Monitoring.
The property owner is required to ensure the viability and long-term health of vegetation planted for replacement
or mitigation through proper care and maintenance for the life of the project subject to permit requirements as follows:
1. Tree Replacement and Vegetation Clearing Permit Requirements
a. Schedule an inspection with the Urban Environmentalist to document planting of the correct number
and type of plants.
b. Submit annual documentation of tree and vegetation health for three years.
2. Restoration and Mitigation Project Requirements.
Page 29 of 34
a. A five-year monitoring and maintenance plan must be approved by the City prior to permit
issuance. The monitoring period will begin when the restoration is accepted by the City and as -built plans
have been submitted.
b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring
period. Reports shall measure survival rates against project goals and present contingency plans to
meet project goals.
c. Mitigation will be complete after project goals have been met and accepted by the City
environmentalist.
d. A performance bond or financial security equal to 150% of the cost of labor and materials required
for implementation of the planting, maintenance and monitoring shall be submitted prior to City
acceptance of project.
18.45.160 Critical Area Master Plan Overlay
A. The purpose of this section is to provide an alternative to preservation of existing individual wetlands,
watercourses and their buffers in situations where an area -wide plan for alteration and mitigation will result in
improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through
the strict application of the provisions of TMC Chapter 18.45.
B. The City Council may designate certain areas as Critical Area Master Plan Overlay Districts for the purpose
of allowing and encouraging a comprehensive approach to critical area protection, restoration, enhancement and
creation in appropriate circumstances utilizing best available science. Designation of Critical Area Master Plan
Overlay Districts shall occur through the Type 5 decision process established by TMC Chapter 18.104.
C. Criteria for designating a Critical Area Master Plan Overlay District shall be as follows:
1. The overlay area shall be at least 10 acres.
2. The City Council shall find that preparation and implementation of a Critical Area Master Plan is likely
to result in net improvements in critical area functions when compared to development under the general provisions
of TMC Chapter 18.45.
D. Within a Critical Area Master Plan Overlay District, only those uses permitted under TMC Sections
18.45.070, 18.45.090 and 18.45.110 shall be allowed within a Category I wetland, or its buffer.
E. Within a Critical Area Master Plan Overlay district, the uses permitted under TMC 18.45.070, 18.45.090
and 18.45.110 and other uses as identified by an approved Critical Area Master Plan shall be permitted within
Category III and Category IV wetlands and their buffers; and within Type F, Np, and Ns watercourses and their
buffers, provided that such uses are allowed by the underlying zoning designation.
F. A Critical Area Master Plan shall be prepared under the direction of the Director of Community
Development. Consistent with subsection A, the Director may approve development activity within a Critical Area
Overlay District for the purpose of allowing and encouraging a comprehensive approach to critical areas protection,
creation, and enhancement that results in environmental benefits that may not be otherwise achieved through the
application of the requirements of TMC Chapter 18.45.
G. The Director shall consider the following factors when determining whether a proposed Critical Areas
Overlay and Master Plan results in an overall net benefit to the environment and is consistent with best available
science:
1. Whether the Master Plan is consistent with the goals and policies of the Natural Environment Element
and the Shorelines Element (if applicable) of the Tukwila Comprehensive Plan.
2. Whether the Master Plan is consistent with the purposes of TMC Chapter 18.45 as stated in TMC
Section 18.45.010.
3. Whether the Master Plan includes a Mitigation Plan that incorporates stream or wetland restoration,
enhancement or creation meeting or exceeding the requirements of TMC Section
18.45.090 and/or TMC Section 18.45.110 , as appropriate.
Page 30 of 34
4. Whether proposed alterations or modifications to critical areas and their buffers and/or alternative
mitigation results in an overall net benefit to the natural environment and improves critical area functions.
5. Whether the Mitigation Plan gives special consideration to conservation and protection measures
necessary to preserve or enhance anadromous fisheries.
6. Mitigation shall occur on -site unless otherwise approved by the Director. The Director may approve
off -site mitigation only upon determining that greater protection, restoration or enhancement of critical areas
could be achieved at an alternative location within the same watershed.
7. Where feasible, mitigation shall occur prior to grading, filling or relocation of wetlands or
watercourses.
8. At the discretion of the Director, a proposed Master Plan may undergo peer review, at the expense
of the applicant. Peer review, if utilized, shall serve as one source of input to be utilized by the Director in
making a final decision on the proposed action.
H. A Critical Area Master Plan shall be subject to approval by the Director of Community Development. Such
approval shall not be granted until the Master Plan has been evaluated through preparation of an Environmental
Impact Statement (EIS) under the requirements of TMC Chapter 21.04. The EIS shall compare the environmental
impacts of development under the proposed Master Plan relative to the impacts of development under the standard
requirements of TMC Chapter 18.45. The Director shall approve the Critical Area Master Plan only if the evaluation
clearly demonstrates overall environmental benefits, giving special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fisheries.
(Ord. 2301 §i (part), 2010)
18.45.170 Critical Areas Tracts and Easements
A. In development proposals for planned residential or mixed use developments, short subdivisions or
subdivisions, and boundary line adjustments and binding site plans, applicants shall create critical areas tracts or
easements, in lieu of an open space tract, per the standards of the Planned Residential Development District chapter
of this title.
B. Applicants proposing development involving uses other than those listed in TMC Section 18.45.170A, on
parcels containing critical areas or their buffers, may elect to establish a critical areas tract or easement which shall
be:
1. If under one ownership, owned and maintained by the owner;
2. If held in common ownership by multiple owners, maintained collectively; or
3. Dedicated for public use if acceptable to the City or other appropriate public agency.
C. A notice shall be placed on the property title or plat map that critical area tracts or easements shall remain
undeveloped in perpetuity.
(Ord. 2301 §1 (part), 2010)
18.45.180 Exceptions
A. REASONABLE USE EXCEPTIONS —
1. If application of TMC Chapter 18.45 would deny all reasonable use of the property containing
designated critical areas or their buffers, the property owner or the proponent of a development proposal may apply
for a reasonable use exception.
2. Applications for a reasonable use exception shall be a Type 3 decision and shall be processed
pursuant to TMC Chapter 18.104.
3. If the applicant demonstrates to the satisfaction of the Hearing Examiner that application of the
provisions of TMC Chapter 18.45 would deny all reasonable use of the property, development may be allowed
that is consistent with the general purposes of TMC Chapter 18.45 and the public interest.
4. The Hearing Examiner, in granting approval of the reasonable use exception, must determine that:
a. There is no feasible on -site alternative to the proposed activities, including reduction in size or
density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project
implementation, change in timing of activities, revision of road and lot layout, and/or related site planning that would
allow a reasonable economic use with fewer adverse impacts to the critical area.
b. As a result of the proposed development there will be no unreasonable threat to the public
Page 31 of 34
health, safety or welfare on or off the development proposal site.
c. Alterations permitted shall be the minimum necessary to allow for reasonable use of the property.
d. The proposed development is compatible in design, scale and use with other development with
similar site constraints in the immediate vicinity of the subject property if such similar sites exist.
e. Disturbance of critical areas and their buffers has been minimized to the greatest extent
possible.
f. All unavoidable impacts are fully mitigated.
g. The inability to derive reasonable use of the property is not the result of:
(1) a segregation or division of a larger parcel on which a reasonable use was permittable after
the effective date of Sensitive Areas Ordinance No. 1599, June 10, 1991;
(2) actions by the owner of the property (or the owner's agents, contractors or others under the
owner's control) that occurred after the effective date of the critical areas ordinance provisions that
prevents or interferes with the reasonable use of the property; or
(3) a violation of the critical areas ordinance;
h. The Hearing Examiner, when approving a reasonable use exception, may impose conditions,
including but not limited to a requirement for submission and implementation of an approved mitigation plan
designed to ensure that the development:
(1) complies with the standards and policies of this Chapter to the extent feasible; and
(2) does not create a risk of damage to other property or to the public health, safety and welfare.
i. Approval of a reasonable use exception shall not eliminate the need for any other permit or
approval otherwise required for a project, including but not limited to design review.
B. EMERGENCIES — Alterations in response to an emergency that poses an immediate threat to public health,
safety or welfare, or that poses an immediate risk of damage to private property may be excepted. Any alteration
undertaken as an emergency shall be reported within one business day to the Community Development Department.
The Director shall confirm that an emergency exists and determine what, if any, mitigation and conditions shall be
required to protect the health, safety, welfare and environment and to repair any damage to the critical area and its
required buffers. Emergency work must be approved by the City. If the Director determines that the action taken, or
any part thereof, was beyond the scope of an allowed emergency action, then the enforcement provisions of TMC
Section 18.45.195 shall apply.
(Ord, 2368 000, 2012; Ord, 2301 §1 (part), 2010)
18.45.190 Time Limitation, Appeals and Vesting
A. Time Limitation: Type 2 Special Permission decision for interrupted buffer, buffer averaging
or other alterations shall expire in one year unless the applicant submits a complete building permit or
other construction permit within one year. Type 1 tree permit for tree removal within sensitive areas or
their buffers shall expire in one year unless an extension is granted by the Director.
The Director may grant an extension if:
1. Unforeseen circumstances or conditions necessitate the extension of the permit; and
2. Termination of the permit would result in unreasonable hardship to the applicant; and the applicant is
not responsible for the delay; and
3. The extension of the permit will not cause substantial detriment to existing uses, critical areas, or
critical area buffers in the immediate vicinity of the subject property.
B. Appeals: Any appeal of a final decision made by the Community Development Department, pursuant to
TMC Chapter 18.45, shall be an appeal of the underlying permit or approval. Any such appeal shall be
processed pursuant to TMC Section 18.108.020 and TMC Chapter 18.116.
In considering appeals of decisions or conditions, the following shall be considered:
1. The intent and purposes of this Chapter;
2. Technical information and reports considered by the Community Development Department; and
3. Findings of the Director, which shall be given substantial weight.
C. Vesting: Projects are vested to critical area ordinance in effect at the time a complete building permit is
submitted except for short plats, subdivisions, binding site plans and shoreline permits. Short plats or subdivisions
Page 32 of 34
or binding site plans are vested to the critical area ordinance in effect at the time complete application is submitted
for preliminary plats or for the binding site plan. The final plat and all future building permits on the lots remain vested
to that same critical areas ordinance in effect for the preliminary plat or preliminary binding site plan application, so
long as building permits are applied for within five years of the final plat. For short plats and subdivisions which
received preliminary plat approval prior to the adoption of this ordinance, building permits on the lots shall be
considered under the critical areas ordinance in effect on the date of the preliminary plat application provided
complete building or construction permits are submitted within five years of the final plat approval. Vesting provisions
for shoreline permits are provided in TMC 18.44
(Ord. 2301 §i (part), 2010)
18.45.195 Violations
A. VIOLATIONS. Failure to comply with any requirement of this chapter shall be deemed a violation subject
to enforcement pursuant to this chapter and TMC Chapter 8.45. The following actions shall be considered a
violation of this chapter:
1. To use, construct or demolish a structure or to conduct clearing, earth -moving, construction or
other development not authorized under a Special Permission, Reasonable Use or other permit where such
permit is required by this chapter.
2. Any work that is not conducted in accordance with the plans, conditions, or other requirements in
a permit approved pursuant to this chapter, provided the terms or conditions are stated in the permit or
the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with
this chapter.
4. To misrepresent any material fact in any application, plans or other information submitted to obtain
any critical area use, buffer reduction or development authorization.
5. To fail to comply with the requirements of this chapter.
B. PENALTIES.
1. Except as provided otherwise in this section any violation of any provision of this chapter, or
failure to comply with any of the requirements of this chapter, shall be subject to the penalties prescribed in
TMC Chapter 8.45, "Enforcement" .
2. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter that a
contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work
erroneously believed a permit had been issued to the property owner or any other person.
3. Penalties for Tree Removal
a. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply
with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner
as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation.
b. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to
a fine of $1,000 per tree, or up to the marketable value of each tree removed or damaged as determined by
a Qualified Tree Professional, whichever is greater.
c. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into
the City's Tree Fund; 25% into the General Fund.
d. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the
circumstances do not warrant imposition of any or all of the civil penalties.
e. Penalties are in addition to the restoration of removed trees through the remedial measures listed in
TMC Section 18.54.200.
f. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter
that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the
work erroneously believes a permit was issued to the property owner or any other person.
Page 33 of 34
C. REMEDIAL MEASURES REQUIRED. In addition to penalties assessed, the Director shall require any
person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out
remedial measures.
1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement
with trees that meet or exceed the functional value of the removed trees.
2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site.
Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated
on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated
in Table B.
3. The applicant shall satisfy the permit provisions as specified in this chapter.
4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial
measures must meet the standards specified in this chapter.
5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date
a Notice of Violation and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise
specified by the Director.
6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne
by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures,
the Director may redeem all or any portion of any security submitted by the applicant to implement such
remedial measures, pursuant to the provisions of this chapter.
18.45.197 Enforcement
A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the
Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or
remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as
determined by the Director.
1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not
authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or
other requirements which must be fulfilled before clearing may resume.
2. The Director may, after written notice is given to the applicant, or after the site has been posted with
a "Stop Work" order, suspend or revoke any Tree Permit issued by the City.
3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the
suspension or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed
by the Director.
B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or
threatening to violate this chapter or any provision of an approved Special Permission or Tree Permit, the Director may
institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such
civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized
by this chapter or TMC Chapter 8.45.
C. Inspection access.
1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or
this chapter, consistent with TMC Chapter 8.45.
2. The Director may require a final inspection as a condition of a Special Permission or Tree Permit
issuance to ensure compliance with this chapter. The permit process is complete upon final approval by the Director.
(Ord 2301 §1(pang), 2010)
18.45.200 Recording Required
The property owner receiving approval of a use or development permit pursuant to TMC Chapter 18.45 shall
record the City -approved site plan, clearly delineating the wetland, watercourse, areas of potential geologic
instability or abandoned mine and their buffers designated by TMC Sections 18.45.080, 18.45.090, 18.45.100,
Page 34 of 34
18.45.120, 18.45.140 and 18.45.150 with the King County Division of Records and Elections. The face of the site
plan must include a statement that the provisions of TMC Chapter 18.45, as of the effective date of the ordinance
from which TMC Chapter 18.45 derives or is thereafter amended, control use and development of the subject
property, and provide for any responsibility of the property owner for the maintenance or correction of any latent
defects or deficiencies. Additionally, the applicant shall provide data (GPS or survey data) for updating the City's
critical area maps.
(Ord. 2301 §1 (part), 2010)
18.45.210 Assurance Device
A. In appropriate circumstances, such as when mitigation is not completed in advance of the project, the
Director may require a letter of credit or other security device acceptable to the City to guarantee performance and
maintenance requirements of TMC Chapter 18.45. All assurances shall be on a form approved by the City Attorney
and be equal to 150% of the cost of the labor and materials for implementation of the approved mitigation plan.
B. When alteration of a critical area is approved, the Director may require an assurance device, on a form
approved by the City Attorney, to cover the cost of monitoring and maintenance costs and correction of possible
deficiencies for five years. If at the end of five years performance standards are not being achieved, an increase in
the security device may be required by the Director. When another agency requires monitoring beyond the City's
time period, copies of those monitoring reports shall be provided to the City.
C. The assurance device shall be released by the Director upon receipt of written confirmation submitted and
confirmed by the City to the Department from the applicant's qualified professional that the mitigation or
restoration has met its performance standards and is successfully established. Should the mitigation or restoration
meet performance standards and be successfully established in the third or fourth year of monitoring, the City may
release the assurance device early. The assurance device may be held for a longer period, if at the end of the
monitoring period, the performance standards have not been met or the mitigation has not been successfully
established. In such cases, the monitoring period will be extended and the bond held until the standards have been
met.
D. Release of the security does not absolve the property ownerofresponsibilityformaintenanceorcorrecting
latent defects or deficiencies or other duties under law.
(Ord, 2301 §i (part), 2010)
18.45.220 Assessment Relief
A. FAIR MARKET VALUE — The King County Assessor considers critical area regulations in determining the
fair market value of land under RCW 84.34.
B. CURRENT USE ASSESSMENT— Established critical area tracts or easements, as defined in the Definitions
chapter of this title and provided for in TMC Section 18.45.170, may be classified as open space and owners thereof
may qualify for current use taxation under RCW 18.34; provided, such landowners have not received density credits,
or setback or lot size adjustments as provided in the Planned Residential Development District chapter of this title.
C. SPECIAL ASSESSMENTS — Landowners who qualify under TMC Section 18.45.220 B shall also be
exempted from special assessments on the critical area tract or easement to defray the cost of municipal
improvements such as sanitary sewers, storm sewers and water mains.
(Ord, 2301 §1 (part), 2010)
Wvnetta Bivens
To:
Subject:
Christy O'Flaherty
RE: Planning Commision Comments
From: donald Scanlon <drnsc=nO)doas-"n..�.ocg>
Sent: Wednesday, April 10, 2019 2:57 PM
To: Tukwila City Clerk < w;�C; i 'e, �
Subject: Planning Commision Comments
I plan to attend the planning commission meeting Thursday night. In case I can't make it please enter these comments.
My concern is with the deletion of item 8 under section 18.45.110. This states culverts shall be upgraded when being re-
developed or when new development occurs. I don't see anything like this in the new section 18.45.110. The new draft is
only focused on piping streams. It doesn't address when and where streams should be opened up or improved. I would
like to see the old item eight be retained.
Don Scanlon
ON: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click
links from an unknown or suspicious origin.
0,11
PROJECT NAEIE
�r i r L z,
i
5742nd Ave., Suite 500
Seattle, WA 98104
ww ..eairrlcross.corn
April 10, 2019
VIA HAND DELIVERY
office 206,587.0700
fax 206,5872308
City of Tukwila Planning Commission
City of Tukwila
6300 Southcenter Blvd., #100
Tukwila, WA 98188
Re: Comments on Proposed Critical Areas Code Update L18-0056
Dear Planning Commissioners:
This firm represents Segale Properties LLC ("Segale"). As you are likely aware, Segale controls the
large Tukwila South property, abutting the Green River. In 2009, Segale and the City entered into a long-
term Development Agreement governing the future building on the Tukwila South property. After years of
construction to install all necessary infrastructure and re -grade the property for development, the Tukwila
South lands are finally ready to be marketed and are being actively reviewed for ground lease and/or sale for
commercial and residential buildings and development.
In addition to the Development Agreement, on June 8, 2009, the City Council approved the entire
Tukwila South property as a Sensitive Area Master Plan Overlay District. Segale implemented a Sensitive
Areas Master Plan ("SAMP") that addressed the entire 512-acre Tukwila South site, authorizing alterations
and mitigation of sensitive areas, in a comprehensive plan that overall improved water quality, fish and
wildlife habitat and hydrology beyond what would have occurred through the strict application of the
provisions of the Sensitive Areas Ordinance. The SAMP assured protection of the Tukwila South lands'
sensitive areas and buffers by locating them in Native Growth Protection Areas ("NGPAs"), and SAMP
Condition 18 required that the NGPA protections be assured via recorded instruments on the real property
title. Tukwila South also is in the process of being subdivided with final plats being recorded on a phased
basis, and each final plat locates NGPA areas in a protected tract.
The NGPAs are mapped on Exhibit 3 to the Development Agreement. Exhibit 3 plainly labels the
NGPAs as "Non -Development areas," in contrast to the remainder of the Tukwila South lands which are
the "Development Areas," and Section 3.2 of the Development Agreement authorizes 100% of the
Development Areas to be cleared and graded, and up to 85% of the Development Areas served by each
stormwater facility to be covered with impervious surfaces. Likewise, Section 5.1 of the Development
EX HI
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direct: (206) 254-4417
{03707102.DOCX;I }
City of Tukwila Planning Commission
April 10, 2019
Page 2
Agreement confirms protection of the NGPAs. The Development Agreement also vested the build out of
the Tukwila South project to the 2009 Tukwila Municipal Code, including all of Title 18, which included the
City's Sensitive Areas Ordinance.
What this means is that during the term of the Development Agreement the City's proposed
amendment to the Critical Areas Code will not apply to the Tukwila South lands. In addition, the SAMP
is a standalone approval that has no term, and the recorded and set boundaries for protected NGPA
versus developable lands will continue to apply even after the Development Agreement term expires.
Nonetheless, Segale is keenly interested in the Critical Areas Ordinance ("CAO") update, as well as the CAO
interplay with the also pending SMP updates. Below, we provided comments on the CAO update.
We ask that you carefully review the following provisions of the CAO update, respond to our
questions, and we recommend that you include our requested revisions.
.. _,
Assurance that created and enhanced ...,,,tfatonareas rae not penalized with new largernmITmmITmITIT
buffers.
The SAMP for Tukwila South lands authorized the construction of a significant new off -channel
habitat area in the Green River, including the creation of new wetland areas, and the rehabilitation and
enhancement of other existing wetlands. Those areas and their associated buffers are protected by NGPAs.
Segale seeks clear assurance from the City that the NGPA boundaries applied to these newly created
mitigation areas will not be later expanded due to increases in the CAO regulatory buffer widths. We believe
that is the City's intent, we believe the SAMP precludes the City from expanding those buffers but it is not
clearly stated in the new CAO update that increased buffer widths will not be imposed on those previously
set NGPAs. One option to provide this clarification would be to add a subsection to SMC 18.45.160,
Critical Area Master Plan Overlay, to read: "The boundaries of critical areas and associated buffers, which
critical areas were created or enhanced pursuant to an approved Critical Area Master Plan or Sensitive Area
Master Plan are not subject to expansion due to the later adoption of increased buffer widths into this Critical
Areas Ordinance, the Shoreline Overlay regulations or any updates thereto."
2. 18.45 190, Time Limitation, Appeals and Vestin
Because of the SAMP overlay, and the implemented SAMP actions and mitigation, the City's
addition of a vesting regulation to the new CAO is not relevant to Tukwila South. However, as a matter
of public policy, we reviewed the proposed language. The addition of the vesting regulation at TMC
18.45.190.0 is characterized in the Summary of Key Revisions as merely a "housekeeping" amendment.
With a few clarifying revisions, we would agree. However, without these revisions, this regulation
might be read as a sea change in vesting doctrine that could severely punish landowners in the City of
Tukwila.
By way of background, it is important to recognize that subdivisions, binding site plans, and
similar development proposals are designed to create lots and development sites for future buildings. It
is at the preliminary subdivision and site plan stage of permit review, that critical area impacts are
(03707102.DOCX;1 }
City of Tukwila PIanning Commission
April 10, 2019
Page 3
assessed and evaluated, and sensitive areas are generally set aside in protected tracts. In fact, TMC
18.45,170, Critical Areas Tracts and Easements, requires that critical areas on a development site be
protected in a tract or easement that must remain undeveloped in perpetuity. Importantly, applications
for building permits cannot be made until after a subdivision or binding site plan is approved, because
under RCW 19.27.095(2)(a), one cannot apply for a building permit without a legal parcel. This means
that one cannot file and vest a building permit application for a new home or commercial building in a
new subdivision, until after the final plat has been recorded. It is also generally the case that buildings
in a subdivision are not all constructed immediately or all at once, but rather over the course of at least
five years.
As drafted, it is not clear that the new vesting provision assures a landowner who applies for and
designs a preliminary plat to protect critical areas in tracts, can apply for later building permits relying
on those tract boundaries. This is a problem because a new, larger buffer width could easily eliminate
the building area on one or more of the new lots and destroy the landowner's investment value. We
recommend the City amend the vesting policy to clarify that future building permits in a subdivision or
binding site plan are vested to the critical area provisions in effect at the time of application for the
preliminary subdivision or preliminary binding site plan was made, and that vesting remains in effect for
a period of five years following the recording of the final plat or final binding site plan. Suggested
revisions to TMC 18.45.190.0 are:
C. Vesting: Projects are vested to the critical area ordinance in effect at the time a
complete building permit is submitted except for short plats, subdivisions, binding site
plans, and shoreline permits. Short plats or subdivisions or binding siteplans are vested
to the critical area ordinance in effect at the time complete application is submitted for
preliminary plats or for the binding site plan. The final latlat final and all future
building permits on the lots remain vested to that same critical areas ordinance in effect
for the reliminar lat or„preliminary binding site plan application. solona asbuildin
permits are ap lied for within five ears of the final lat or site Ian a roval. For short
plats and subdivisions which received preliminary plat approval prior to the adoption of
this ordinance, building permits on the lots shall be considered under the critical areas
ordinance in effect on the date of the preliminary plat approval application provided
complete building or construction permits are submitted within else five years of the final
plat approval. Vesting provision for shoreline permits are provided in TMC 18,44.
Again, while this vesting regulation does not affect Segale's Tukwila South lands, we highly
recommend these clarifying amendments to ensure protection of Tukwila landowners.
{03707102.DOCX;1 }
City of Tukwila Planning Commission
April 10, 2019
Page 4
We appreciate your attention to this matter and would be happy to answer any questions.
Very truly yours,
Nancy Bainbridge Rogers
NBR:jcs
cc: Ann Marie Soto
Minnie Dhaliwhal
Mark Segale
Mike Pruett
{037071O2.DOCx;1 }
W netta Bivens
To:
Subject:
Minnie Dhaliwal
RE: Tukwila's Critical Areas Code amendments, Chapter 18.45, Public Notice
From: Minnie Dhaliwal <Minnie.Dhaliwal@TukwilaWA.gov>
Sent: Thursday, April 11, 2019 3:44 PM
To: Wynetta Bivens <Wynetta.Bivens@TukwilaWA.gov>
Cc: Jack Pace <Jack.Pace@TukwilaWA.gov>
Subject: Fw: Tukwila's Critical Areas Code amendments, Chapter 18.45, Public Notice
From: Karen Walter <KWalter@muckleshoot.nsn.us>
Sent: Wednesday, April 10, 2019 8:17 AM
To: CriticalAreas
Subject: FW: Tukwila's Critical Areas Code amendments, Chapter 18.45, Public Notice
Karen Walter
Watersheds and j and Usa 9 earn 1 eader
Muckleshoot Indian Tribe Fisheries Division
Habitat Program
3901S-A 172"d Ave SE
Auburn, WA 98092
253-876-3116
From: Karen Walter
Sent: Tuesday, April 09, 2019 12:29 PM
To: 'Criticalarea@TukwilaWA.gov'
Cc: 'Minnie Dhaliwal'
Subject: Tukwila's Critical Areas Code amendments, Chapter 18.45, Public Notice
To Tukwila staff,
We have reviewed the propose amendments to the City of Tukwila's Critical Areas Code and have
questions/comments as noted:
1.Watercourse designation/classification
Currently, there is nothing in the City's code to require that watercourses be classified using current
information and field data like there is for wetlands. The City should amend the code to require that all
available information be used along with field data to verify watercourse classification. This is an important
1
issue, particularly for streams that have artificial barriers on them as they will likely be considered non-
fishbearing due to a lack of fish presence. Instead they should be evaluated for fish habitat potential using the
WAC 222-16-031 (which is cited in the code already but not as an explicit method).
We saw this incorrect classification for the various tributaries to Gilliam Creek that drain through the south
side of SR 518 and Klickitat Drive back in 2007 when we did the correct assessment and showed that most of
the streams in the project area met the physical criteria from WAC 222-16-031 for Type F waters but were
blocked in part by barriers culverts on SR 518. We provide this information to the City of Tukwila in the
course of that project. If another copy is needed, please let me know.
The City also needs to have regular updates to its critical areas maps for watercourses to include more recent
field data and after barrier culverts are removed, like those on SR 518 and 1-405 should be per the Federal
Court injunction requirements under U.S. v Washington.
The City should be aware that WDFW is updating the State barrier data frequently and their map should be
consulted as part of critical areas reports as WDFW will have already assessed upstream areas on particular
streams to determine if physical criteria under WAC 222-16-031 for presumed fish habitat is met. The
interactive map can be found at htt s:// eodataservices.wdfw.wa.gov/hp/fishpassage/index.html
ArcGIS Wea Aaalication - ceoc
ataservices.wdrw.wa.c ov
Please note that some of the data on this map is not shown on the PHS or Salmonscape maps so it is another
tool that should be consulted regarding barriers, stream hydrography, and potential fish habitat.
2.. Buffer considerations
The ned to increase buffers on watercourses should include those necessary to improve water temperatures
as described under any state/federal water quality improvement plans such as Total Maximum Daily Load
(TMDL) Mans,
3In-Lieu mitigation considerations
The City should allow in limited cases the opportunity for applicants to pay into an In Lieu fund to ensure that
projects are fully mitigated for additional piping or culvert work and for those instances when an applicant is
daylighting stream sections but cannot provide fully regulatory compliant stream buffers. An option to pay
into an In Lieu should help ensure that there is no net loss of important stream functions such as shading and
future wood recruitment that might otherwise be lost if no mitigation is required.
2
We appreciate the opportunity to review these code amendments. If you have any questions, please let me
know.
Thank you!
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division
Habitat Program
39015-A 172nd Ave SE
Auburn, WA 98092
253-876-3116
CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments
or click links from an unknown or suspicious origin.
3
Comments to City of Tukwila Critical Area code update
Submitted at Public Meeting on April 11, 2019, City of Tukwila
by Ion Manea, owner of 13407 48th Av S, Tukwila, WA., 98168 property
Re: Critical Areas
The proposed TMC 18.45.100 E replace "sensitive area" with "critical area".
However there is no definition of "critical area" in the TMC.
Please update definition accordingly.
Re: Critical Area Map TMC 18.45.30 G. 1.
The current TMC 18.45.30 G. 4 states:
" Regardless of whether a sensitive area is shown on the sensitive areas map, the actual
presence or absence of the features defined in the code as sensitive areas shall govern. The
Director may require the applicant to submit technical information to indicate whether sensitive
areas actually exist on or adjacent to the applicant's site, based on the definitions of sensitive
areas in this code."
The proposed code change eliminates TMC 18.45. G. 1. provision and the following is inserted
in TMC 18.45.30. G 1:
"Not all critical area are shown on the map, it is the applicant responsibility to verify actual
presence or absence of critical area or critical area buffer based on the definition of this code."
There is no mechanism to require correct errors or make updates if circumstances change.
Please include a provision that if the actual presence or absence of critical area is
verified, that finding shall govern and shall be incorporated in all revisions, updates and
reprinting of sensitive areas maps, inventories, ratings and buffers.
Re: Watercourse buffers TMC 18.45.100 E
Pursuant to RCW 36.70A.172 in designating and protecting critical areas counties and cities
shall include the best available science (BAS) in developing policies and development
regulations to protect the functions and values of critical areas.
An update to TMC 18.45 is proposed based on planning department work augmented by public
inputs.
Substantial assistance was provided by BAS review and gap analysis report (Report)
prepared by The Water Shed Company (Consultant).
Although the BAS presented in the report or its references are not specific on watercourse
buffer reductions, the Consultant is recommending:
....reductions of up to 25 percent with enhancement are likely to provide adequate protection for
most small stream channels...
and
, for consistency with the wetland regulations, the City may consider utilizing buffer averag
only
p OJECT'
Current TMC 18.45.100.E currently allows buffer reduction by up to 50% with buffer
enhancement .
The proposed TMC 18.45 buffer reduction requires narrowest buffer width no less than 75% of
standard buffer, same total area as required buffer and additional regulatory and financial
burdens (reports, sequencing, vegetation management, financial guarantees).
The proposed TMC 18.45 update introduce an "interrupted buffer waiver" that allows existing
nonconforming structures to be remodeled, reconstructed or replaced with buffer enhancement,
by limited expansion vertically or laterally or by enclosing existing footprint providing that it is
outside of the 75% of the existing buffer.
The current TMC 18.45 will allow a property owner to apply for a buffer reduction permit to
develop 50% of the existing buffer without financial burden unnecessary additional regulatory
compliance and financial hardship and no size limitations.
The Ecology regulatory watercourse buffer framework has been developed to for large
acreage on forested and non urban areas where a 100ft buffer has no practical impact for the
use of the property.
By the contrary, in a highly urbanized area like Tukwila, the parcels are of small size, and
some buffers extend over the whole property. Under the current code, watercourse buffer
reduction permit and setback variants and waivers may allow use of 50% of the property with
and requires enhancement of wildlife habitat. Under the proposed 75% width and total area
conditions the development is impossible and for all practical purposes that will be a property
confiscation without compensation and no further enhancement for wildlife of human habitat.
This will be contrary to the purpose of TMC 18.45 including balance of the rights of
individual property owners with the preservation of the environmentally critical areas.
The proposed reduction watercourse buffers of up to 25% and preservation of the total
buffer area without including best available science and just for consistency with
wetland regulations could be construed as in non compliance with TMC 18.45.10, TMC
18.45.20 and RCW 36.70A.172 and could be the subject of a petition with under RCW
36.70A.290.
It will be more fair and constructive and in concordance with the purpose of the TMC
18.45 to maintain the 50% reduction rule as is now and no further requirements on
minimum widths or total buffer area.
Re: TMC 18.45.110 B 2. Alterations
"Any watercourse alteration shall not cause adverse impact to fish, confine the channel or flood
plain, or adversely affect riparian habitat (including downstream habitat)
However, allowed alterations like crossing and culverts will confine the channel or flood plain.
It will be more appropriate to remove "confine the channel or flood plain" text.
Re: TMC 18.45.110. C d
" Stream channel bed and biofiltration system equivalent to (in the case of public drainage
maintenance projects) and better than (in case of other kinds of projects) in the original stream"
It implies a double standard for public drainage vs. other kinds of projects.
It will be more appropriate to replace ".. system equivalent to ... and better than.."with
"... system equivalent to the original stream"
Re: TMC 18.45.180 4. f
There is a new requirement stating that:
"All unavoidable impacts are fully mitigated"
The statement is confusing. The whole purpose of reasonable use exception is to address
expressly the exceptional situation in which mitigation alternatives have been exhausted.
Requiring full mitigation of impacts will practically exclude the use of reasonable use exception
permitting alternative.
It will be more appropriate to exclude this provision.
Re: TMC 18.45.195 D 4.
There is no justification of establishing a minimum penalty of $ 1,000 per tree regardless of the
tree size and marketable value of each tree.
It will be more appropriate that penalty to be "up to the marketable value of the tree"
established by a certified professional.
Ion Manea Date: 04.11.2019
Property owner, 13407 4th Av S, Tukwila, WA., 98168
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INVENTORY AREA 9 (V RHA 9( VATERSHE[) E(OSYSSTE I FORUM
April 11, 2019
SMP Periodic Update
Department of Community Development
6300 Southcenter Bl. Suite 100
Tukwila, WA 98188
Re: City of Tukwila Shoreline Management and Critical Areas Ordinance 2019 updates —
Comments from WRIA 9
Dear City of Tukwila,
Below are WRIA 9 staff comments on the City of Tukwila's 2019 Shoreline Management
(Tukwila Municipal Code 18.44) and Critical Areas Ordinance (Tukwila Municipal Code 18.45)
updates.
GENERAL COMMENTS:
• We are encouraged to see various incentives being used to increase the likelihood that
shoreline restoration activities will occur.
• The Green/Duwamish River is a Shoreline of Statewide Significance. Jurisdictions
along the river are obligated to manage this shoreline with consideration to the
interests of their residents and all citizens of the state. We encourage the City to
approach any suggested changes to this update with this responsibility in mind.
• We commend the City for specifically referencing the 2005 WRIA 9 Salmon Habitat
Plan that Tukwila ratified. The 2014 Duwamish Blueprint and the 2005 Salmon
Habitat Plan are policy and programmatic guides for shoreline management in the city
and should be used to guide shoreline restoration, protection, land use, and
regulations. WRIA 9 is currently updating the Plan to reflect new science,
programmatic and policy changes, and capture completed and new high priority
capital projects within the watershed. The updated plan is expected to be adopted in
2020 by the Watershed Ecosystem Forum, followed by ratification by all the cities
which are party to the WRIA 9 Interlocal Agreement. We recommend including
language that accommodates addendums and updates to the plan (e.g., Duwamish
Blueprint), and any projects therein. WRIA 9 staff would be happy to assist in crafting
appropriate language to include in this update.
SECTION SPECIFIC COMMENTS:
• Section 18.44.060 there is language about thinning restoration plantings under "4.
Restoration Project Plantings". We recommend adding language about the purpose of
thinning for these densely planted restoration sites. The purpose should be to
improve plant survival and health if dense planting is causing negative implications
from competition.
,yt
• We strongly support the new language in 18.44.110 section H for time limits for
revisions to shoreline permits. Shoreline permits should not be treated as existing in
perpetuity, and reasonable time limits like those being proposed should be instituted.
• Section 18.44.040 for shoreline buffers allows the director to reduce buffer widths
by 50% in some cases. Given Tukwila's urban landscape, the existing required buffers
are already below what is generally called for by existing Best Available Science for
fully functioning riparian buffers. Reducing the buffer by 50% is not founded in Best
Available Science. It appears this allowance is no longer allowed under the CAO,
which covers smaller waterbodies, but has been retained in the SMP language. Given
that this language would mostly apply to a Shoreline of Statewide Significance, we
encourage the City to apply the same standards as it uses for its CAO language instead.
• Section 18.44.080 C describes a regional trail standard that is relatively wide. The
regional trail noted is entirely appropriate for that setting, but given the number of
trails that occur along streams and rivers and in natural areas, we encourage the City
to consider adding two to three smaller width trail standards to address different
circumstances. At the lower end of trail widths, we encourage the City to consider a
minimal width trail for natural areas. We note that King County Parks uses a
backcountry trail standard in natural areas that accommodates single file foot
traffic. This type of standard has a minimal footprint and is one of the most
appropriate approaches for minimizing impacts to critical areas and shoreline
environments while still encouraging access. Depending on the City's park
classification, it may be appropriate to consider another standard that falls between
the regional standard and the backcountry standard.
• Section 18.44.030, permitted uses matrix has new language around overwater
structures. Given the known ecological impacts associated with various forms of
overwater structures, we strongly encourage the City to consider using a higher bar
for that type of infrastructure and suggest changing "Piers, Docks, and other
overwater structures" and "Vehicle bridges (private)" from a permitted use to the
more rigorous conditional use category. The City should also include provisions that
address removal of overwater structures that may be necessary for habitat
restoration. The same section changed recreation facilities, including boat launches,
from a conditional use to a permitted use. Given the impacts to a Shoreline of State
Wide Significance, we strongly encourage the city keep the current conditional use
designation and not change it to a permitted use.
• WRIA 9 has been involved in several salmon habitat restoration projects in the lower
Green and Duwamish Rivers of the City. As our partners acquire land for salmon
habitat restoration or for mitigation, citizens frequently express the desire to
incorporate boat launch facilities into habitat projects. Grant funding for restoration
projects does not allow for this type of use. If these recreation facilities are fundable,
accommodating them in habitat restoration project design reduces the potential area
and value of restoration. We strongly encourage the City to consider undertaking a
comprehensive inventory of public access points within its shoreline jurisdiction and
establish standards for appropriate levels of access, especially for more ecologically
impactful types of access like boat ramps. We encourage the city to consider adding a
policy statement in Section 10 of the SMP supporting this analysis be done between
now and the next periodic update. This type of information would temper partners'
etations and help create transparency with the public.
2
Thank you for the opportunity to comment. Please direct any questions about these
comments to me. My contact information is below.
Sincerely,
Suzanna Smith
Suzanna Smith
Habitat Projects Coordinator
Green/Duwamish & Central Puget Sound Watershed (WRIA 9)
201 South Jackson Street, Suite 600
Seattle, WA 98104-3855
sus ith2kin count ov
Office: (206) 477-4641, Cell: (206) 305-1752
3
City of Tukwila Shoreline Management and Critical Areas Ordinance 2019 updates — comments from
King County Noxious Weed Program 4/11/19
What follows are the King County Noxious Weed Control Program's comments on the City of Tukwila's
2019 Shoreline Management (Tukwila Municipal Code 18.44) and Critical Areas Ordinance (Tukwila
Municipal Code 18.45) updates. Our notes are in "Comments" to the right of the pertinent text, Questions
about these comments should be sent to:
Ben Peterson
Aquatic Noxious Weed Specialist
King County Noxious Weed Control Program
(206) 477-4724
ben ,peterson@kingcounty. gov
18.44.080060 Vegetation Protection and Landscaping
A. Purpose, Objectives and Applicability. (Page 27)
5, Minor Activities Allowed without a Permit or Exemption.
a. The following activities are allowed without a permit or exemption:
(1) Maintenance of existing, lawfully established areas of crop vegetation, landscaping
(including paths and trails) or gardens within a regulated critical area or its buffer. Examples
include, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and
planting of non-invasive ornamental vegetation or indigenous native species to maintain the
general condition and extent of such areas Cutting down trees and shrubs within a buffer is not
covered under this provision. Excavation, filling, and construction of new landscaping features,
such as concrete work, berms and walls, are not covered in this provision and are subject to
review;
(2) Noxious weed control within vegetative buffers, if work is selective only for noxious
species; is done by hand removal/spraying of individual plants; spraying is conducted by a
licensed applicator; and no area -wide vegetation removal or grubbing is conducted. Control
methods not meeting these criteria may still apply for a restoration exemption, or other
authorization as applicable.
D. Vegetation Management in the Shoreline Jurisdiction. The requirements of this section apply to
all existing and new development within the shoreline jurisdiction. (Page 33)
3 Use of pesticides.
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the shoreline
jurisdiction except where:
(1) Alternatives such as manual removal, biological control, and cultural control are not
feasible given the size of the infestation, site characteristics, or the characteristics of the
invasive plant species;
Commented [PB1]: This is nicely worded. You may want
to add that the "licensed herbicide applicator" needs to
have the required aquatic herbicide permits from WA
Ecology if the application occurs in a an aquatic site.
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(2) Ole use of pesticides has been approved through a comprehensive vegetation or pest
management and monitoring plapl;
(3) The pesticide is applied in accordance with state regulations;
(4) The proposed herbicide is approved for aquatic use by the U.S. Environmental
Protection Agency; and
(5) The use of pesticides in the shoreline jurisdiction is approved in writing by the City
and the applicant presents a copy of the Aquatic Pesticide Permit issued by the
Department of Ecology or Washington Department of Agriculture.
18.45.70 Sensitive Area Critical Area Permitted Uses Activities
A. General Uses Activities. The uses set forth in this entire section, including subsections A. through D,
and the following general uses, may be located within a sensitive area or buffer, activities are outright
permitted generally exempt from TMC Chapter 18.45, These activities are still subject to the provisions
of TMC Chapter 21 04 and of the mitigation requirements of TMC Chapter 18,45this chapter, if
applicable:
6 Voluntary native revegetation and/or removal of invasive species that does not include use of
heavy equipment per herbicide, (Page 18-141(
18.45.158 Vegetation Protection and Management in Critical Areas and their buffers
B Vegetation Retention and Replacement..
3 Invasive vegetation (blackberry, ivy, taurcl, etc.) may be removed without a permit if removal
does not utilize heavy equipment kar herbacidei. Invasive vegetation removal on steep slopes
requires prior City Approval (Page 18-161)
D. Plant Materials Standards- For any new development, redevelopment or restoration in a Critical Area,
invasive vegetation must be removed, and native vegetation planted and maintained in the Critical Area
and its buffer,
3 emoval of invasive species shall be done by hand or with hand-held power tools. «Where not
feasible and mechanized equipment is needed, the applicant must obtain permission and permit
prior to work being conducted. Removal of invasive vegetation must be conducted so that the
slope stability, if applicable, will be maintained. A plan must be submitted indicating how the
work will be done and what erosion control and tree protection features will be utilized. Federal
and State permits may be required for vegetation removal with mechanized equipment.
E. Vegetation Management in Critical Areas. The requirements of this section apply to all existing and
new development within critical areas.
1.Trees and shrubs may only be pruned for safety, to maintain access corridors and trails by
pruning up or on the sides of trees, to maintain clearance for utility lines, and/or for improving
shoreline ecological function. No more than 25% may be pruned from a tree within a 36 month
period without prior City review. This type of pruning is exempt from any permit requirements.
2. Plant debris from removal of invasive plants or pruning shall be removed from the site and
disposed of properly .unless on site storage is approved by the Director.
3. Use of pesticides.
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the
critical area or its buffer except where:
(1) Alternatives such as manual removal, biological control, and cultural control
are not feasible given the size of the infestation, site characteristics, or the
characteristics of the invasive plant species;
Commented [PB2]: "...or a King County Noxious Weed
Control Program Best Management Practices document"
Commented [PB3]: Since herbicide use in shoreline and
aquatic areas is already carefully regulated by the WA Dept.
of Ecology and the WA Dept. of Agriculture, we feel that it is
redundant and unnecessary to require additional approval
from the City of Tukwila for use of this weed control
method.
Commented [PB4]: Often the use of herbicide by a
licensed contractor (with permits as needed from the WA
Dept. of Ecology and the WA Dept. of Agriculture) is the
least disruptive method that can be used in critical areas
(such as steep slopes, shoreline areas and wildlife habitats.
Herbicide application is quiet, does not disturb the soil
(which could cause erosion and expose more weed seeds to
growth), and can be targeted at specific plants.
Commented [PBS]: Often the use of herbicide by a
licensed contractor (with permits as needed from the WA
Dept. of Ecology and the WA Dept. of Agriculture) is the
least disruptive method that can be used in critical areas
(such as steep slopes, shoreline areas and wildlife habitats.
Herbicide application is quiet, does not disturb the soil
(which could cause erosion and expose more weed seeds to
growth), and can be targeted at specific plants.
Commented [PB61: Often the use of herbicide by a
licensed contractor (with permits as needed from the WA
Dept. of Ecology and the WA Dept. of Agriculture) is the
least disruptive method that can be used in critical areas
(such as steep slopes, shoreline areas and wildlife habitats.
Herbicide application is quiet, does not disturb the soil
(which could cause erosion and expose more weed seeds to
growth), and can be targeted at specific plants,.
Commented [PB7]: Per King County Noxious Weed
Control Program guidelines, Regulated Noxious Weeds need
to be disposed of in the landfill/trash and non -regulated
noxious weeds can be disposed of in green waste or
composted on site.
(2) The use of pesticides has been approved through a comprehensive vegetation
or pest management and monitoring plank
(3) The pesticide is applied in accordance with state regulations;
(4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency; and
(5) The use of pesticides in the shoreline jurisdiction is [approved in writing by
the City',and the applicant presents a copy of the Aquatic Pesticide Permit issued
by the Department of Ecology or Washington Department of Agriculture, (Page
18-164)
ICommented [PB8]: "...or a King County Noxious Weed I
MC Control Program Best Management Practices document"
Commented [PB9]: Since herbicide use in shoreline and
aquatic areas is already carefully regulated by the WA Dept.
of Ecology and the WA Dept. of Agriculture, we feel that it is
redundant and unnecessary to require additional approval
from the City of Tukwila for use of this weed control
method.
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Nancy Rogers <NRogers@Cair-ncross.corn> Rel:)ly
Minnie Dha|ivva,!;Nora 6iedoM �
You forwarded this rnessage on 4/12/2019 1:30 PM
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HiMinnieandNom—
You have my letter dated April 10, 2019 regarding potential revisions tovesting language for the [AO issues. During
last night's hearing on the CAO, Minnie explained that the vesting language in the CAO was not linked to any
shoreline permits. If that is true, and in light of State law that gives a Shoreline permit a 5 year term, subject to
possible extension, I recornmend that the City add a vesting provision to the Shoreline regulations. 'The provision tu
add to the Shoreline regulations would assure that in the situation where a project is staged or phased into first land
development, followed by a building permit (or permits), those later building permits are vested to the version of the
shoreline regulations that were in effect when the land development permits were applied for,
Let me know if you have questions.
Thanks,
Nancy
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Staff Recommendation
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Comment Summary/Staff Discussion
Don Scanlon requested to retain this section and address when and where
streams should be opened up or improved.Additionally, Tukwila's Public
Works staff recommended retaining this section.This section has been
reinstated and the entire TMC 18.45.110 Watercourse Alterations sections
has been rewritten to clarify criteria for approving culvert replacement, day -
lighting, and piping/dreding/diverting/rerouting. The referenced 2003
manual is now referenced 2013 manual.
Nancy Rogers, representing Segale Properties requested amendments to
the Critical Areas Master Plan Overlay Section. The proposed new language
would vest any future development for perpetuity. Staff is still researching
the topic of vesting as it relates to Critical Area Master Plan Overlay and will
come back to the Planning Commission with a recommendation at the next
meeting.Additionally, TMC 18.45 only addresses Critical Areas. TMC 18.44
SMP addressed comments related to vesting to Shoreline regulations.
Nancy Rogers, representing Segale Properties requested amendments to
the vesting section to add clarity; include adding binding site plan to the list
of short plat and subdivision; and increase the time frame from one year to
five years to apply for buiding permits from the time of final plat/short
plat/binding site approval. Staff agrees with the proposed revisions, except
that Tukwila does not have site plan approval process (shown in green).
Requested Change
Retain the following subsection of 18.45.110: On properties being developed or re -developed, or when stream
crossings in public or private rights -of -way are being replaced, existing culverts that carry fish -bearing
watercourses or those that could bear fish (based on the criteria in WAC 222-16-031, Washington Forest Practices
Rules and Regulations), shall be upgraded to meet the standards in the WDFW manual "Design of Road Culverts
for Fish Passage" (2003 or as updated) if technically feasible.
Add a subsection to TMC 18.45.160, Critical Area Master Plan Overlay, to read: " The boundaries of critical areas
and associated buffers, which critical areas were created or enhanced pursuant to an approved Critical Area
Master Plan or Sensitive Area Master Plan are not subject to expansion due to the later adoption of increased
buffer widths into this Critical Areas Ordinance, the Shoreline Overlay regulations or any updates thereto."
Amend the proposed Vesting Section: Projects are vested to the critical area ordinance in effect at the time a
complete building permit is submitted except for short plats, subdivisions, binding site plans and shoreline
permits. Short plats or subdivisions or binding site plans are vested to the critical area ordinance in effect at the
time complete application is submitted for preliminary plats or for the binding site plan. The final plat, final site
clan, and all future building_permits on the lots remain vested to that same critical areas ordinance in effect for
the preliminary plat or preliminary binding site plan application, so long as building permits are applied for within
five years of the final plat or site clan accr ovai. For short plats and subdivisions which received preliminary plat
approval prior to the adoption of this ordinance, building permits on the lots shall be considered under the critical
areas ordinance in effect on the date of the preliminary plat opprc‘,,ol' application provided complete building or
construction permits are submitted within ene five years of the final plat approval. Vesting provisions for shoreline
permits are provided in TMC 18.44
used 18.45 Edits
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Comment Summary/Staff Discussion
Karen Walter, representing Muckelshoot Indian Tribe requested a section
be added that requires watercourses be classified using current information
and field data similar to wetlands. Currently streams that have artificial
barriers on them are considered non-fishbearing due to lack of fish
presence. Instead they should be evaluated for fish habitat potential using
the WAC 222-16-031. Also, requested regular updates to the city's critical
areas maps for watercourses to include more recent field data and after
barrier culverts are removed. She also noted that Washington Department
of Fish and Wildlife (WDFW) is updating the State barrier data frequently
and their map should be consulted. Staff notes that the proposed changes
to TMC 18.45.100. (A) reference WAC 222-16-030. Additionally, TMC
18.45.030 could be amended to require applicants to use WAC 22-16-030
for watercourse typing and location as part of their proposal. Additionally,
staff appreciates Karen's guidance on using WDFW data for updates to the
city's critical area maps. Staff will explore options to update the
watercourse inventory maps congruent with the City's Surface Water
Comprehensive Plan update and look for opportunities during review of
development projects to add updated information to the inventory maps.
Karen Walter, Muckleshoot Indian Tribe noted that the need to increase
buffers on watercourses should include those necessary to improve water
temperatures as described under any state/federal water quality
improvement plans such as Toral Maximum Daily Load (TMDL) plans. Staff
has added a reference to TMDL for buffer averaging.
Requested Change
18.45.100. A. WATERCOURSE RATINGS. Watercourse ratings are consistent with the Washington Department of
Natural Resources water typing categories (WAC 222-16-030) or as amended, which are based on the existing
habitat functions and classified as follows...
18.45.030. E. CRITICAL AREAS MAPS AND INVENTORIES
1.111he distribution of many critical areas and potential critical areas in Tukwila is displayed on the Critical Areas
Maps, on file with the Department of Community Development (DCD). These maps are based on site assessment
of current conditions and review of the best available scientific data and are hereby adopted by reference. Not all
critical areas are shown on the map. Thus, it is the responsibility of property owners and applicants to verify actual
presence or absence of a critical area or critical area buffer based on the definitions in this code. Applicant is also
responsible for delineation and categorization of potential wetland based on methodology required under TMC
18.45.80 and verifying that watercourse typing and location is consistent with TMC 18.45.100.
TMC 18.45.100.E. VARIATION OF STANDARD WATERCOURSE BUFFER WIDTH —
1 Buffer averaging may be allowed by the Director as a Type 2 decision if the total area of the buffer after
averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than
either % of the required width; and the following criteria is met:
a. The watercourse has significant differences in characteristics that affect its habitat functions, and the buffer is
increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the watercourse and
decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report
from a qualified professional.
b. There are no feasible alternatives to the site design that could be accomplished without buffer averaging, and
the averaged buffer will not result in degradation of the watercourse's functions and values as demonstrated by a
critical areas report.
c. Compliance with mitigation sequencing requirements.
d. Compliance with TMC 18.45 Vegetation Protection and Management section.
e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan along with financial
guarantee in accordance with TMC 18.45.
f. Buffer averaging will not adversely affect water quality.
g. No adverse affect to water temperature or shade potential will occur to watercourses using methodology per
2011 Washington State Department of Ecology's Green River Temperature Total Maximum Daily Load (TMDL)
assessment or as amended.
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Comment Summary/Staff Discussion
Karen Walter, representing Muckleshoot Indian Tribe requested that in
limited cases the city should allow the applicants to pay into aN in -lieu fund
to ensure that projects are fully mitigated for additional piping or culvert
work and for those instances when an applicant is daylighting stream
sections but cannot provide fully regulatory compliant stream buffers. This
should help ensure that there is no net loss of important stream functions
such as shading and future wood recruitment that might otherwise be lost if
no mitigation is required. Staff is proposing language be added to
Watercourse Mitigation Standards section to include option for in -lieu fund.
lon Manea, property owner expressed concern that there is no mechanism
to require corrections to errors or updates if circumstances change. He
requested a provision be added that if the actual presence or absence of
critical area is verified, that finding shall govern and shall be incorporated in
all revisions, updates and reprinting of sensitive areas maps, inventories,
ratings and buffers. Staff notes that there is language under TMC
18.45.30.G.3 that addresses concerns raised by Mr. Manea.
lon Manea, property owner requested the city to keep 50% buffer reduction
provisions as the proposed provisions of 25% reduction with buffer
averaging is not based on best available science, and is being proposed just
for consistency with wetland regulations. He claims that the proposed
regulations could be construed as in non-complicnace with TMC 18.45.10,
18.45.20 and RCW 36.70a.172 and could be subject of a petition under
RCW.36.70A.290. Staff notes that 2011 Washington State Department of
Ecology's Green River Temperature Total Maximum Daily Load (TMDL)
assessment is Best Available Science that justifies larger buffers and need
for shading the streams to address the concern of raising temperature of
the Green/Duwamish River, which is detrimental to fish. Additionally,
Washington State Department of Ecology's guidance for the streams that lie
within Shoreline Zone is for buffer averaging rather than buffer reduction.
Requested Change
f. If onsite mitigation is not possible and to ensure there is no net loss of watercourse functions, including but not
limited to shading, the applicants may pay into an in lieu fund if available to ensure that projects are fully
mitigated.
As new environmental information related to critical areas becomes available, the Director is hereby designated
to periodically add, remove,or alter add new information to the Critical Areas Maps. Removal of any information
from the critical area maps is a Type 1 decision.
VARIATION OF STANDARD WATERCOURSE BUFFER WIDTH
1 Buffer averaging may be allowed by the Director as a Type 2 decision if the total area of the buffer after
averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than
either % of the required width; and the following criteria is met: a. The
watercourse has significant differences in characteristics that affect its habitat functions, and the buffer is
increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the watercourse and
decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report
from a qualified professional. b.There
are no feasible alternatives to the site design that could be accomplished without buffer averaging, and the
averaged buffer will not result in degradation of the watercourse functions and values as demonstrated by a
critical areas report. c. Compliance
with mitigation sequencing requirements. d. Compliance
with TMC 18.45 Vegetation Protection and Management section.
e.Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan along with financial
guarantee in accordance with TMC 18.45.
f. Buffer averaging will not adversely affect water quality.
g. No adverse effect to water temperature or shade potential will occur to watercourse using methodology per
2011 Washington State Department of Ecology's Green River Temperature Total Maximum Daily Load (TMDL)
assessment or as amended.
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lon Manea requested to remove "confine the channel or flood plain" as
allowed alterations like crossing and culverts will confine the channel or
flood plain. Staff notes that any new crossing and culverts are required to
meet WDFW's Water Crossing Design Guidelines so while some crossings
and culverts are allowed they still need to be designed so that they do not
confine the channel or flood plain.
Ion Manea requested to replace "system equivalent to ... and better than..."
with "system equivalent to the original stream"
lon Manea requested to not include the provision " All unavoidable impacts
are fully mitigated" as requiring full mitigation of impacts will exclude the
use of reasonable use exception permitting alternative. Staff notes that
mitigation of impacts is required, there are options for offsite mitigation or
in -lieu fee programs. Additionally, the reasonable use process will take into
account the scale of the project proposed and the extent of mitigation
required will need to meet nexus and proportionality test.
lon Manea requested that instead of a minimum penalty of $1000 per tree
regardless of the tree size and marketable value of each tree, the penality
should be "up to the markeable value of the tree established by a certified
professional." Staff notes that the existing proposed language address this
concerns as it states, "$1000 per tree or up to the marketable value of each
tree as determined by an ISA certified arborist".
WRIA 9 submitted comments on Shoreline and Critical Areas Code update.
Majority of the comments were related to Shoreline code update. One
recommendation that was related to Critical Areas Code was to reference
2005 WRIA 9 Salmon Habitat Plan inlcuding language that accomodates
addendums and updates to the Plan. The City's Public Works staff also
recommended that WRIA 9 Salmon Habitat Plan should be referenced for
selection of offsite mitigation locations.
Requested Change
3.11iping, dredging, diverting or rerouting of any watercourse should be avoided. Relocation of a watercourse or
installation of a bridge is preferred to piping. If piping occurs in a watercourse critical area, it shall be limited to the
degree necessary for stream crossings for access and may only occur with the permission of the Director as a Type
2 decision and subject to mitigation sequencing; approved mitigation plan; and the following criteria:
a)Any watercourse alteration shall comply with the standards in current use and the standards of the Washington
Department of Fish and Wildlife in the "Water Crossing Design Guidelines" manual (2013 or as amended).
b)Any watercourse alteration shall not cause adverse impacts to fish, confine the channel or floodplain, or
adversely affect riparian habitat (including downstream habitat). c) thru j)
d. Stream channel bed and biofiltration systems equivalent to or On the case of public drainage maitcnancc
et -a) &Rd better than in the original stream _ );
4.The Hearing Examiner, in granting approval of the reasonable use exception, must determine that:
a.There is no feasible on -site alternative to the proposed activities, including reduction in size or density,
modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project
implementation, change in timing of activities, revision of road and lot layout, and/or related site planning that
would allow a reasonable economic use with fewer adverse impacts to the critical area
b. As a result of the proposed development there will be no unreasonable threat to the public health, safety or
welfare on or off the development proposal site. c.
Alterations permitted shall be the minimum necessary to allow for reasonable use of the property.
d.The proposed development is compatible in design, scale and use with other development with similar site
constraints in the immediate vicinity of the subject property if such similar sites exist.
e.Disturbance of critical areas and their buffers has been minimized to the greatest extent possible.
f. All unavoidable impacts are fully mitigated.
( g. thru i.)
b. The amount of the penalty shall be $1,000 per tree or up to the marketable value of each tree removed or
damaged as determined by an ISA certified arborist. The Director may elect not to seek penalties or may reduce
the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties.
Wetland and Buffer Mitigation Location: d.Hegional goals for flood storage, flood conveyance, habitat or other
wetland functions have been established and strongly justify location of mitigation at another site, and where off -
site mitigation is demonstrated to provide a greater ecological benefit to the watershed. Refer to 2005 WRIA 9
Salmon Habitat Plan or as amended, for potential offsite mitigation locations.
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Ben Peterson, King County Noxious Weed Control Program submitted
comments stating that the use of herbicide by a licensed contractor (with
certification as needed from the WA Dept. of Ecology and the WA Dept. of
Agriculture) is often the least disruptive method that can be used in critical
areas (such as steep slopes, shoreline areas and wildlife habitats). Herbicide
application is quiet, does not disturb the soil (which could cause erosion and
expose more weed seeds to growth), and can be targeted at specific plants.
Planning Commission also requested herbicide issues be addressed. Staff
has proposed revised language to address comments.
Same as above
Same as above
Requested Change
Outright Permitted Activities in Critical Area or its buffer 6. Voluntary native revegetation and/or removal of
invasive species that does not include use of heavy equipment as-f . The use of herbicide by a licensed
contractor with certification as needed from the WA Dept. of Ecology and the WA Dept. of Agriculture is permitted
but requires notification prior to application to the city and shall comply with TMC 18.45.158.E.3
B. Vegetation Retention and Replacement 3.1vasive vegetation (blackberry, ivy, laurel, etc.) may be removed
from a critical area or its buffer except steep slopes without a permit if removal does not utilize heavy equipment
.The use of herbicide by a licensed contractor with certifications as needed from the WA Dept. of
Ecology and the WA Dept. of Agriculture is permitted but requires notification prior to application to the city and
shall comply with TMC 18.45.158.E.3. Invasive vegetation removal on steep slopes requires prior City Approval
D. Plant Material Standards 3. Removal of invasive species shall be done by hand or with hand-held power tools.
The use of herbicide by a licensed contractor with certifications as needed from the WA Dept. of Ecology and the
WA Dept. of Agriculture is permitted but requires notification prior to application to the city and shall comply with
TMC 18.45.158.E.3. Where not feasible and mechanized equipment is needed, the applicant must obtain a Type 2
permit prior to work being conducted. Removal of invasive vegetation must be conducted so that the slope
stability, if applicable, will be maintained and native vegetation is protected. A plan must be submitted indicating
how the work will be done and what erosion control and tree protection features will be utilized. Federal and
State permits may be required for vegetation removal with mechanized equipment.
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Nancy Rogers representing Segale Properties submitted follow up email to
her earlier comments (Exhibit 2) requesting vesting languge to added to
Shoreline Code
Add definition for Critical Areas. Amendments to the definitions section
included. See attached.
• 18.45.30 A (6) What is a "Special Hazard Flood Area(s) TMC 16.52.030
defines it. Reference has been added to TMC 16.52.
• 18.45.30 B — references a map for designated areas of seismic instability —
where is the map? The reference is removed. All the critical areas maps
shall be available online. TMC 18.45.30G addresses location of Critical Area
maps
Requested Change
E. Vegetation Management in Critical Areas The requirements of this section apply to all existing and new
development within critical areas.
1.Trees and shrubs may only be pruned for safety, to maintain access corridors and trails by pruning up or on the
sides of trees, to maintain clearance for utility lines, and/or for improving critical area ecological function. No more
than 25% may be pruned from a tree within a 36 month period without prior City review. This type of pruning is
exempt from any permit requirements.
2.Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly
unless on site storage is approved by the Director. Per King County Noxious Weed Control Program guidelines,
Regulated Noxious Weeds need to be disposed of in the landfill/trash and non -regulated noxious weeds can be
disposed of in green waste or composted on site.
3.Use of pesticides.
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the critical area or its buffer
except where:
(1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of
the infestation, site characteristics, or the characteristics of the invasive plant species; and herbicide is determined
to be least ecologically impactful;
(2) The use of pesticides has been approved by the City through a comprehensive vegetation, or pest management
and monitoring plan, or a King County Noxious Weed Control Program Best Management Practices document
(3) The pesticide is applied in accordance with state regulations;
(4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and
(5) The use of pesticides in the critical area is approved by the City and the applicant presents a copy of the
Aquatic Pesticide Permit issued by the Department of Ecology or Washington Department of Agriculture, if
required.
b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive
areas of turf shall implement an integrated turf management program or integrated pest management plan
designed to ensure that water quality in the Critical Area is not adversely impacted.
"Critical Sensitive areas" means wetlands, watercourses, areas of potential geologic instability (other than Class I
areas), abandoned coal mine areas, and fish and wildlife habitat conservation areas, and special hazard flood
areas.
"Special Flood Hazard Area" means the land in the flood plain subject to a 1% or greater chance of flooding in any
given year. It is also referred to as the 100-year flood elevation or the base flood elevation. These areas are
designated on Flood Insurance Rate Maps (FIRMs) using the letters A or V. Special flood hazard areas include flood -
prone areas designated by the City
Areas of seismic instability are defined and regulated through the Washington State Building Code. Sze maps fer
designated areas of seismic instability.
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Comment Summary/Staff Discussion
• 18.45.30 G — this section got reworked and puts all of the onus on the
applicant. The struck language was more appropriate ie. "Director may
require..." Given the
city's inventory maps are not based on actual delineation, the applicant is
responsible for submitting reports as part of their development permits.
• 18.45.40 B 12. Studies are valid for 5 years — then what is required and
why? The existing
code did not have a time limit on how long the studies were valid. Given the
site conditions and hydrology can change over time the studies need to be
updated after onsite assessment.
• 18.45.40 D 1. The second sentence doesn't read very well about "access
permission" This
language is to provide wiaver in case access to adjacent property is not
available.
• 18.45.40 E. Can DCD Director Approve? Yes, the
Director can approve. Specific language added for geotechnical peer review
requirement.
• 18.45.80 B. first paragraph last three words "as listed below" reference the
table 18.45.080-1 Comment noted,
the phrase "as listed below" removed.
• 18.45.158 C. 8. "No construction personnel shall prune " eliminate this
wording and just say the removal must be done or overseen by a qualified
professional. Staff is proposing the change.
• 18.45.158 D. 3. Remove the word "permission". They must get a permit.
Type 2 permit is referenced
Requested Change
A. CRITICAL AREAS MAPS AND INVENTORIES 1. The distribution of many critical areas and potential critical
areas in Tukwila is displayed on the Critical Areas Maps, on file with the Department of Community Development
(DCD). These maps are based on site assessment of current conditions and review of the best available scientific
data and are hereby adopted by reference. Not all critical areas are shown on the map. Thus it is the responsibility
of property owners and applicants to verify actual presence or absence of a critical area or critical area buffer
based on the definitions in this code. Applicant is also responsible for delineation and categorization of potential
wetland based on methodology required under TMC 18.45.80 and verifying that watercourse typing and location
is consistent with TMC 18.45.100.
2. Studies, preliminary inventories and ratings of potential critical areas are on file with the Department of
Community Development. 3. As
new environmental information related to critical areas becomes available, the Director is hereby designated to
periodically add, remove or alter new information to the Critical Areas Maps. Removal of any information from the
critical area maps is a Type 1 decision
B12 Wetland and Watercourse special studies are valid for five years following the date of the study, unless
otherwise determined by the Director.
The Director may limit the required geographic area of the critical area study as appropriate if the applicant, with
assistance from the City, cannot obtain permission to access properties adjacent to the project area.
REVIEW OF STUDIES —The Department of Community Development will review and verify the information
submitted in the critical area study to confirm the nature and type of the critical area. Public Works Department
shall seek a peer review of the geotechnical report on Class 3 and 4 slopes; and peer review on Class 2 slopes may
be required at the discretion of the Public Works Director. Peer review of the geotechnical reports shall be at the
expense of the applicants. For all other critical areas and at the discretion of the Director, critical area studies may
undergo peer review, at the expense of the applicant.
Wetlands shall be designated in accordance with the Washington State Wetlands Rating System for Western
Washington, (Washington State Department of Ecology,2014, Publication # 14-06-029); or as otherwise amended
by Ecology as Category 1, 11, 111, or IV os listcd bcicw
8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction
by a Qualified Tree Professional. ale construction- purserrcl shall prune affected lira s except user the dife4 supcRtier of a
D. Plant Material Standards 3. Removal of invasive species shall be done by hand or with hand-held power tools.
The use of herbicide by a licensed contractor with certifications as needed from the WA Dept. of Ecology and the
WA Dept. of Agriculture is permitted but requires notification prior to application to the city and shall comply with
TMC 18.45.158.E.3. Where not feasible and mechanized equipment is needed, the applicant must obtain a Type 2
permit prior to work being conducted. Removal of invasive vegetation must be conducted so that the slope
stability, if applicable, will be maintained and native vegetation is protected. A plan must be submitted indicating
how the work will be done and what erosion control and tree protection features will be utilized. Federal and
State permits may be required for vegetation removal with mechanized equipment.
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Comment Summary/Staff Discussion
• 18.45.158 D. 8. It says smaller plant sizes are preferred, should they be
required? The
planting plan is based on case by case. Smaller plants are preferred but in
some cases larger plants may be more pretinent. Therefore it is not a
requirement but preference.
Replace the word "acreage" with square feet.
Various sections of the code were updated for clarity. These sections are
highlighted in the attached underline/strikeout version of the code.
Upon further review of the Tree Chapter, Landscape Code, Critical Areas
Code and Shoreline Code it is not explicitly stated which section applies
when areas overlap. Additionally, it is becoming difficult to implement. We
have included a flow chart to help explain the legislative intent and to help
determine which section applies. However staff is suggesting adding an
applicability section to help clarify which code section applies to residential
properties vs non-residential vs undeveloped properties. Staff is also
seeking policy direction to see if different sections for the four chapters
should be looked at for consistency.
Requested Change
8. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred
for buffer plantings. Willow stakes must be at least 1/2-inch in diameter. For existing developed areas refer to
landscaping chapter TMC 18.52 for plant sizes in required landscape areas.
Square feet A€-Fe.agerequirements for creation, re- establishment, rehabilitation or enhancement and for
proposed wetland classes are met.
158.D.8
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City of Tukwila
Planning Commission
PLANNING COMMISSION (PC) WORK SESSION
MINUTE S
Date: November 8, 2018
Time: 6:30 PM
Location: Council Chambers
Present: Vice Chair Dennis Martinez; Commissioners Sharon Mann, Louise Strander and Heidi
Waters
Absent: Chair Nhan Nguyen, Commissioners Mike Hansen and Miguel Maestas
Staff: Planning Supervisor Minnie Dhaliwal; Urban Environmentalist Andrea Cummins; and
Planning Commission Secretary Wynetta Bivens,
Vice -Chair Martinez called for adoption of the minutes.
Commissioner Strander made a motion to approve the October 11, 2018 minutes. Commissioners
Mann seconded the motion. All were in favor.
Commissioner Mann made a motion to approve the October 25, 2018 Board of Architectural Review
(BAR) and Planning Commission (PC) minutes. Commissioner Watters seconded the motion, motion
passed. Commissioner Strander abstained from voting on the PC portion of the minutes.
Vice -Chair Martinez opened the work session on Critical Areas Code Update
Minnie Dhaliwal, Planning Supervisor, Department of Community Development (DCD) introduced
Andrea Cummins, Urban Environmentalist. Staff provided background on critical areas and their
importance. She went over the terminology and what it means, as well as the policy options. Staff
requested the Commission to provide guidance on what they would like included in the strike-
through/underline version of the code, which staff will create. Currently the City's environmental
chapter is called Sensitive Areas but is being changed to Critical Areas to be consistent with critical areas
as defined under the Growth Management Act (GMA). All cities in Washington State are required to
have Critical Areas regulations under the GMA. It is a requirement to update the code every eight years
based on best available science. Best available science is the most current science available on habitat
function and the way species function in the habitats.
An overview was also provided on wetlands, watercourses, geologically hazardous areas, fish and
wildlife habitat conservation areas, frequently flooded areas and housekeeping code amendments related
to critical areas.
Staff provided policy options and recommendations for the PC to consider on the following items:
A. WETLANDS
Page 2 of4
November 8, 2018
Work Session Minutes
Staff explained that a wetland must have all three characteristics in order to be considered as such: the
right kind of hydric soils; hydrology; and the plants. Wetlands are important because they help with the
water quality, store flood water, recharge the ground water, provide habitat value, function for open
space, recreation and aesthetic values.
1. Designation: Staff recommended updating reference to State delineation manual and establishing
a five-year time limit on wetland delineations reports.
Decision: PC in consensus.
2. Rating: Required to use the Department of Ecology (DOE) 2014 publication.
Decision: PC in consensus.
3. Buffer widths:
Staff recommended Policy Option 3, from the informational memo dated October 29, 2018,
"Adopt the standard buffer widths recommended by Department of Ecology; but allow alternate
buffer if impact minimization measures are taken AND buffer is replanted."
There was extensive discussion regarding the maintenance and the requirement for monitoring
reports. Staff was asked to provide the cost for such services, as well as an example of application
cost and a mitigation plan. Also, staff offered to provide the Commissioners with a sample
monitor report.
Decision: Staff will return with some revised language for Options 2 and 3 from the
informational memo dated October 29, 2018.
Action item:
- Staff will provide sample mitigation plan and examples of costs associated with mitigation
plans.
4. Interrupted buffer:
Decision: Staff will return with some revised language adding a waiver for interrupted buffer for
the PC to review.
5. Buffer averaging instead of buffer reduction:
Decision: No change from the Ecology guidance.
6. Alterations:
Staff recommends Option 1, from the informational memo dated October 29, 2018, "Keep the
existing code and exempt wetlands up to 1,000 sq. ft. with mitigation for wetland impacts."
Decision: The PC were in consensus with Option 3, from the informational memo, dated October
29, 2018, "Exempt wetlands up to 1,000 sq. ft. with mitigation for wetland impacts; exempt
wetlands up to 4,000 sq. ft. with mitigation for wetland and buffer impacts."
Action item:
- Staff will do some additional research and provide the PC with some data.
Page 3 of 4
November 8, 2018
Work Session Minutes
7. Mitigation standards:
Tukwila's code does not currently have any buffer impact standards. Therefore, there are no
policy options, however staff is adding mitigation ration of 1:1 to fill the gap.
Decision: PC in consensus.
8. Wetland and buffer mitigation location:
This policy addresses providing more options to the applicant, such as allowing for purchase of
mitigation credit from an in -lieu fee program or bank, if that is the best choice ecologically for a
project.
Decision: PC in consensus.
B. WATERCOURSES
1. Rating:
Staff recommends changing the rating nomenclature for stream types, in order to be consistent
with the Washington Department of Fish and Wildlife.
Also, staff recommends Option 3, from the informational memo dated October 29, 2018,
"Keep the standard buffer for Type 3 streams to 80 ft. but allow an alternate buffer in the range
of 50-65 ft., with buffer enhancement."
Decision: PC were in consensus, with Option 3.
2. Buffer averaging vs. reduction:
Staff recommends Option 2, from the informational memo dated October 29, 2018, "Buffer
averaging and allow up to 25 percent reduction in the buffer in some areas so that the total area
of the buffer remains the same."
Decision: PC were in consensus with Option 2.
3. Interrupted Buffer:
Decision: Staff will return with some revised language adding a wavier for interrupted buffer for
the PC to review.
C. GEOLOGICALLY HAZARDOUS AREAS
Staff stated that the City's Public Works Department is the lead on reviewing geologically hazardous
areas regulations. Commissioner Mann asked if there could be minimum setback standard established
that would exempt the project from the requirement of preparing a geotechnical report.
D. FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Cleanup item: Standard recommendation from the DOE will be included for this item.
E. FREQUENTLY FLOODED AREAS
Page 4 of 4
November 8, 2018
Work Session Minutes
No proposed changes.
F. HOUSEKEEPING CODE AMENDMENTS
Following are several housekeeping items that are not required to be changed and staff did not have
any options for the PC to consider. However, staff will include some language for these items in the
strike-through/underline document:
1. Vesting
2. Expiration of decisions related to critical areas
3. Permitted uses section
4. Inclusion of tree retention, removal and replacement requirement
5. Reorganization
6. Penalties for unauthorized alterations
7. Non -conforming provisions
Staff had two options for the PC to consider: no changes to the non -conforming
provisions; or establish new non -conforming thresholds for development in the critical
area buffers.
Decision: Commissioner Mann and Wafters liked Option 2
8. Sensitive Area Master Plan Provisions
The existing provisions for sensitive areas master plan (TMC18.45) allow creation of
higher quality wetlands in exchange for filling some small wetlands provided there is a
net environmental gain. However, there will be no incentive to creating wetlands with
better habitat value if it will result in larger buffers. Staff said that they see potential
issues but do not have a solution.
9. Inventory update
PUBLIC OUTREACH:
Staff held an open house on October 11th, and 17 individuals attended. Also, information has been
posted on the website and staff is working on completing field work related to wetland categorization.
RECOMMENDATION:
Staff will return with a strike-through/underline document for the PC to review and hold a public
hearing. The PC will forward their recommendation to the City Council for their review and adoption.
DIRECTOR'S REPORT
- The Justice Center is scheduled for the December 13th agenda.
- Mike Overbeck public hearing is continued.
- On January 10th there will be potentially three items on the agenda.
Submitted by: Wynetta Bivens
Planning Commission Secretary
Adjourned: 9:48 PM
Adopted: 1 / 10/ 19
City of Tukwila
PLANNING COMMISSION WORK SESSION
MINUTES
Date: February 28, 2019
Time: 6:30 PM
Location: Council Chambers
Present: Chair Dennis Martinez, Vice -Chair Heidi Watters, Commissioners Louise Strander,
Karen Simmons and Dixie Stark
Excused
Absence: Commissioners Sharon Mann and Mike Hansen
Staff: Planning Supervisor Minnie Dhaliwal, Urban Environmentalist Andrea Cummins
and Planning Commission Secretary Wynetta Bivens
Adopt
Minutes: Commissioner Strander made a motion to adopt the January 24, 2019 minutes.
Commissioner Watters seconded the motion. Motion passed.
Chair Martinez opened the work session on critical areas regulations.
Minnie Dhaliwal, Planning Supervisor and Andrea Cummins, Urban Environmentalist, provided
some background information on the critical areas. The state law regulates what is allowed in the
critical areas and mandates cities to comply with the Growth Management Act (GMA). Cities
must update and adopt critical area regulations every eight years, based on best available science.
Staff has reviewed and identified gaps in the City's existing code for the Planning Commissioners
(PC) to vet and determine what to change.
At the November 8, 2018 work session, the PC requested staff return with additional
information on four topics. There was discussion and clarification on each of the topics,
which are listed in the information memorandum dated February 19, 2019.
Following are some of the issues discussed, as well as the policy decisions made by the PC.
1. Mitigation plans and monitoring costs
Staff provided some information on the benefits of monitoring and the chances of mitigation
success. The City has established a five-year monitoring period. The Department of Ecology
and US Army Corps of Engineers also have monitoring requirements for some wetland
impacts, which could be up to 10 years. There was a lengthy discussion on this topic. One of
the issues raised pertained to a property owner developing their property that is adjacent to
property that has a wetland. Staff clarified that if buffers extend on their property, they will
need to address potential impacts to the buffers from the proposed development; further, they
may need to get access rights to delineate the wetland. It was noted that the buffers are not in
Page 2 of 3
February 28, 2019
PC Minutes
good condition. There was discussion on the mitigation plans, performance standards,
monitoring requirements and what happens once the monitoring period ends. There was also
discussion regarding the types of projects that require a Federal permit in Tukwila.
Decision: Option 3 - Adopt the standard buffer widths recommended by the Department of
Ecology but allow alternative buffer if impact minimization measures are taken
AND buffer is replanted.
2. Exempt wetland
Commissioner Stark made inquiry regarding why there is not a buffer mitigation with option
1. Commissioner Strander said in the discussion at the November 8, 2018 work session that
option 3 seemed to have more options for the property owner. There was also discussion on
wetland mosaic.
Decision: Option 1 - Keep the existing code and exempt wetlands up to 1,000 sq. ft. with
mitigation for wetland impacts.
Note: Four of the five Commissioners were in consensus with staff's
recommendation. Commissioner Strander was opposed and in favor of
option 3.
3. Non -conforming provisions
Part 1 - Vertical Expansion
Decision: Option 1 - Allow existing buildings to expand vertically to add upper stories in
exchange for buffer enhancement.
Part 2 - Lateral Expansion
Commissioners Strander and Watters were opposed to limiting it to a one-time expansion
allowance and were in consensus with establishing a cap on the overall expansion.
Commissioner Stark said option 1 needed some additional language and wanted to know if
staff would draft the language. Staff said that they would draft and return with language. The
PC were in consensus.
Staff noted the following suggestions made by the consultant:
Add a provision stating that expansion is only allowed on legally permitted property.
- Expansions should be excluded for detached accessory structures.
To qualify for expansion along the sides there is a threshold of 50% of the existing
intrusion but no more than 500 sq. ft. with the assumption that 75% of the buffer is in
place.
- To qualify for expansion along the side opposite to the critical area, the maximum
threshold of 500 sq. ft. could be raised to 1,000 sq. ft.
Decision: Option 1 - Allow expansion along the existing building lines in exchange for buffer
enhancement but limit it to a one-time expansion and limit the square footage of a
new intrusion into the buffer to less than 50%of the current intrusion. Further, this
option could be limited to situations where the buffer width is at least 75% of the
Page 3 of 3
February 28, 2019
PC Minutes
required buffer. Note: the PC were in consensus to also add the following
language, "500 sq. ft. on either side and 1,000 sq. ft. away from the buffer zone."
Part 3 — Enclosing within existing footprint (e.g., enclosing a carport or adding a roof over
decks)
Decision: Option 1 - Allow enclosing within existing footprint.
4. Geologically Hazardous Areas
This section of the code is administered by the Public Works Department and their opinion is
not to establish one standard setback for all slopes. Instead the setback should be established
by the geotechnical engineer after site conditions are determined for each site.
Decision: To be administered case -by -case.
Staff will complete a final strikethrough/underline document, release it for public review and then
schedule a PC public hearing on this item in April.
Director's Report:
- Staff reminded the PC to respond to staff's inquiry regarding their availability for a second
meeting on April 11 t.
- The Shoreline Master Program will be on the March PC agenda.
Staff informed the PC about Sound Transit's Bus Rapid Transit project that was approved as
part of ST3 by the voters and includes frequent bus service from Burien to Lynnwood with a
stop along SR518 to connect Tukwila International Boulevard station.
Adjourned: 8:15 PM
Submitted: By Wynetta Bivens
Planning Commission Secretary
Adopted: 3/28/19
City of Tukwila
Planning Commission
PLANNING COMMISSION (PC) MINUTES
Date: April 11, 2019
Time: 6:30 PM
Location: Council Chambers
Present: Vice Chair Heidi Watters; Commissioners Mike Hansen, Louise Strander, Sharon
Mann, Karen Simmons and Dixie Stark
Absent: Chair Dennis Martinez
Staff: Department of Community Development (DCD) Planning Supervisor Minnie Dhaliwal,
Urban Environmentalist Andrea Cummins; and Shana Markstrom for Planning
Commission Secretary Wynetta Bivens
Adopt Commissioner Hansen requested amendments to the March 28,
Minutes: 2019 minutes, regarding his statement about public access He clarified that his
comments related to public access were for access on public property and not private
property.
Commissioner Mann made a motion to adopt the March 28, 2019 minutes as
amended. Commissioner Simmons seconded the motion. The motion passed with five
in favor, Commissioner Stark opposed.
Vice Chair Watters opened the public hearing and swore in those wishing to provide testimony.
CASE NUMBER: L 18-0056 Critical Areas Code Update
APPLICANT: The City of Tukwila
Minnie Dhaliwal, Planning Supervisor, DCD, gave the presentation for staff. She provided an
overview of the proposed changes to the Critical Areas Code (CAC). She stated since the purpose of
the meeting was to hear from the public, she would be brief and quickly go over the process and the
proposed changes. She noted that there are two code amendments going on presently. The hearing on
the Shoreline Management Plan (SMP) regarding the Green and Duwamish River was held on March
28th; and tonight, is the CAC update. The CAC update includes regulations pertaining to wetlands,
streams, steep slopes, abandoned coal mines, and fish and wildlife habitat areas. This specifically
involves Tukwila Municipal Code (TMC) 18.45 and 18.70. She stated the reason the code is being
updated now is because the City is required to keep up with the State law and the last update was in
2010. She said the update will bring the City's wetland rating system in line with the State's system per
the Department of Ecology's (DOE) guidance.
PROPOSED CHANGES:
• Wetland rating and widths are based on habitat score; buffer averaging replaces buffer
reduction; interrupted buffer provisions added; fee in lieu provisions added. Also, included is a
vegetation retention and tree replacement section.
• Ms. Dhaliwal provided examples to help explain the changes regarding categories, habitat
scores and how these impact buffer size. She compared the old methodology to the new
methodology and explained that site condition, updated wetland category combined with
habitat scores will impact the new buffers. She explained that while some current buffers will
decrease others will increase.
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April 11, 2019
• Classification of streams will be consistent with the Washington Department of Fish and
Wildlife (WDFW). Buffer averaging will substitute for buffer reduction and interrupted buffer
provisions will be added.
• Steep slopes regulations will include when peer review of the geotechnical report is required;
tree and vegetation retention on slopes will be required; and reference to mapping sources such
as liquefaction and landslide hazards will be added.
• Reference added to Special Hazard Flood Areas TMC Chapter 16.52; and floodplain habitat
assessment requirements included.
• Fish and wildlife conservation areas made consistent with Growth Management Act's (GMA)
definition. A requirement for habitat assessment has also been added.
• Housekeeping items included amending or adding the following sections: vesting; expiration of
decisions related to critical areas; permitted "uses" changed to "activities"; vegetation
protection section added; reorganization of mitigation sequencing section; penalties section
added; non -conforming provisions amended and an inventory of critical areas update and
maintenance section added.
Ms. Dhaliwal briefed the Commissioners on the progress of the project, which was started in October
2018 and there have been two work sessions since then. After the public hearing tonight staff will
come back to the PC with a summary of public comments including staff responses. After the PC
deliberation and recommendation, this item will go before the City Council. The City Council will then
have a public hearing and make the final decision. She entered into the record four comment letters
from the public
PUBLIC COMMENTS:
Don Scanlon, resident, said he thinks there is an error in regard to the change in Section 18.45.110
where a section pertaining to upgrade to culverts was taken out, he said it should be put back in. Storm
water is different from ditch water and culverts that connect small water bodies to streams. While
people are talking about Orca and Salmon conservation these little ditches and streams are where water
flow starts. Addressing the culvert issue is important for risk mitigation as there is currently a lawsuit
regarding culverts between the State and the Tribes. Eventually this will be handled at the City level
and this could hurt us in the future if we aren't prepared.
Nancy Rogers, representing Segale Properties, stated she submitted a comment letter. She stated that
the Tukwila South project is vested not only due to the development agreement but because we did a
sensitive areas master plan (SAMP), now a critical areas master plan (CAMP). She said there are two
areas that could be improved. 1) Add language clarifying that when a developer creates a master plan
to enhance wetlands or mitigation areas, they are not penalized later by having a larger buffer imposed
on their developable land. 2) Vesting provision in 18.45.190 should be amended to be more flexible.
Commissioner Mann asked a clarifying question about the vesting date. Ms. Rogers stated that she is
suggesting that for five years following final plat approval you have the right to build on the plat
according to the rules that were in affect at the time of plat approval
Kevin Broderick, architect representing Vietnamese Martyr's Church, said applicants should be
vested to the codes under which the application was started.
Todd Smith, resident, said the process is hypocritical. He said the City owns a lot of property they
don't take care of, but private people have to take care of their property. He further wanted to know
what the "science" was upon which the stated changes were based. How are the buffer distances any
different from 10 years ago? Is this update just a staff thing? He said, the City should have to take care
of the property they manage just like the residents are required to.
Joseph Ayala, property owner, said the City is forcing fraudulent charges on his property located at
13610 Macadam Rd. He said the City is charging them for drainage onto their property from city
projects. He requested the City consider the surrounding projects when levying charges. He said he
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April 11, 2019
also has to pay charges for an arborist and these mounting charges are overwhelming. He felt he was
being singled out by code enforcement as a minority owner.
Ion Manea, resident, made several points and requested the following changes:
- Provide a definition of "sensitive" vs "critical" in the TMC.
The difference between the new TMC 18.45.30 G1 (new code) and G4 (old code) results in
some cases, in an unfair, unjust and illegal confiscation without compensation of property due
to the small size of the parcel. It also seems to conflict with other areas of the code and SMP.
He recommended reviewing the buffer percentages and how they are calculated.
- Maintain current 50% buffer reduction rather than new proposal of 75%.
- 18.45.110B2 regarding operations, remove "confine or floodplain" text.
- 18.45.110CD makes a double standard for public drainage vs other kinds of projects.
18.45.184.F all unavoidable impact is confusing. Exclude this provision.
18.45.194. D4 Instead of $1,000 per tree, should be market value for the tree(s) as defined by
an arborist.
There were no additional comments.
The public hearing was closed.
DELIBERATION:
Staff answered questions from the commissioners regarding the difference between terms "critical" and
"sensitive", and how people can know in which area their property is located. There was extensive
discussion about culvert impact and vesting impact as well as how the permit application timing would
impact vesting.
QUESTIONS:
Commissioner Mann asked staff to state the reasoning for the change to "critical" from "sensitive".
Minnie Dhaliwal stated that the Growth Management Act (GMA) defines critical areas so we are just
being consistent with the State law and other cities and it is only a naming convention. The meaning is
the same.
Commissioner Mann asked several questions regarding the meaning and determination of special
hazard flood areas. Ms. Dhaliwal explained that TMC has Title 16 Special Hazard Flood Areas and
Public Works Department requested the verbiage for consistency with Title 16. Further, the proposed
amendments add habitat assessment requirement if you are in those areas. Commissioner Mann
requested a reference to Title 16 be included and Ms. Dhaliwal agreed.
Commissioner Strander asked staff to address discussion about alteration and mitigation, specifically
referring to the letter regarding the culverts. Ms. Dhaliwal read the item, which was crossed out. Ms.
Cummins said it wasn't the first time it had been brought up and that it should be put back in as written
in 2010 since it is still viable.
Commissioner Strander asked if the testimony heard tonight will be brought before the PC. Staff said
they would summarize the comments and staffs' responsive suggestions in a matrix; and return to the
PC on May 23rd.
Commissioner Strander asked staff to address the vesting issue and approval time period. Ms.
Dhaliwal said it is complicated and there are two parts to the comments from Nancy Rogers:
1) The first had to do with the utilization of an approved SAMP. For example, in the Tukwila
South property mentioned tonight, staff looked at the whole site comprehensively, some small
wetlands were allowed to be filled in exchange for mitigation in other areas such as an off -
channel habitat area. She gave examples and summarized that since there was overall net
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April 11, 2019
environmental gain, the proposal was approved under the SAMP provisions. The City attorney
will review, but we understand the idea that if you do the mitigation on these larger projects
you shouldn't get penalized by larger buffers. It seems that the DOE has not adequately dealt
with some of these mitigation sites and their buffers. There is more guidance in the shoreline
areas that we will try to research.
2) The second part is the vesting. Vice Chair Wafters asked about how long the provisions would
last. Ms. Dhaliwal said Washington State has doctrine on this, but they were still trying to
work out the details. She pointed out that the City was trying to add flexibility and that Ms.
Rogers was suggesting instead of one year you get five years after final plat approval. She
mentioned that shoreline will be somewhat different than critical areas and this will also be
looked at by the City attorney.
Vice Chair Watters asked for clarity on how often the code needs to be updated. Ms. Dhaliwal
advised that the DOE requires updates at least once every eight years, but that changes may be made
more frequently than that. Commissioner Mann discussed how the building and utility permits can
impact the timeline for platting process, saying that five years can go quickly. Ms. Dhaliwal clarified
the platting process. Commissioner Mann wondered how that timeframe would work if the buffer
ended up encompassing 50% of their property. Ms. Dhaliwal said this is exactly what staff is trying to
fix. There was discussion about tying it to the size or value of the project. There was discussion about
when the buffer expands into the building and how the non -conforming code would apply in these
cases. Staff summarized that their goal was to loosen the non -conforming regulations.
Commissioner Strander asked for clarification on the science behind the size of the buffers. Ms.
Cummins discussed that it is calculated per the best available science utilizing state compilation of
current projects. It is an on -going process, so it goes back every eight years and is a very extensive
process by the DOE.
Vice Chair Watters asked for clarification about comments received from a citizen regarding drainage
onto his property making it a wetland. Ms. Dhaliwal pointed out that she had displayed the parcel on
the map earlier and recalled it was stated that the wetland was created because of drainage coming onto
his property. She explained that the map shows a stream so there is water flow. She further explained
that in order to be classified as a regulated wetland it must have three things: hydric soil, vegetation
and hydrology.
Vice Chair Watters asked if there was anything staff would like to address regarding the letter from
Karen Walters of the Muckleshoot Tribe. Ms. Dhaliwal summarized comments received from Karen
Walters, which included keeping the inventory of streams current to reflect any changes in culverts;
addressing total maximum daily load (TMDL) studies on shade and temperature; and allowing offsite
mitigation for stream impacts. Staff explained that the results of TMDL studies ultimately urged DOE
to determine that the Green River is too hot for the fish, so its banks need to be planted with trees to
provide shade. Commissioner Watters asked if the proposed buffers will help this. Staff clarified that at
present, off -site stream banking program is not available.
Vice Chair Watters wondered if we could predict regulations. Staff said that prediction is hard, which
is why we do updates in eight -year increments. This makes better data available, better mapping, etc.
Commissioner Mann asked about fees for studies. Ms. Dhaliwal stated that Ms. Cummins currently
reviews the studies and the service is included in the application fee. If the City hires an outside
consultant to do peer review, then there is a charge associated with that. The applicant receives a quote
prior to commencement of work. The applicant is charged for any peer review associated with
geotechnical reports.
Commissioner Mann then asked whether a paragraph that had been under procedures section had
been moved someplace else? Ms. Dhaliwal said there were no procedures under that section, instead it
was just a jumbled -up paragraph that was removed.
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April 11, 2019
Commissioner Mann asked if toxic runoff can run into the wetlands. Ms. Dhaliwal clarified no toxic
runoff is allowed, clean storm water may be allowed, and it is handled by storm water regulations. The
table in this area is straight from the DOE, but the verbiage will be polished to more accurately reflect
this.
Commissioner Mann asked about acreage requirements. Ms. Cummins responded that it is a ratio.
The property would be assessed for impact (acreage or square footage) then apply the ratio due to the
mitigation you are doing. For instance, enhancement has a different ratio than restoration.
Commissioner Mann was suggested the word "acreage" be replaced with "square footage".
Vice Chair Waiters asked that fertilizer, herbicides and pesticides be addressed regarding wetlands.
Staff agreed to work on verbiage.
Vice Chair Watters asked about verbiage regarding public use and access. She is concerned about
being restrictive with regards to education and balancing it with ecology as the buffers are huge. Staff
asked some clarifying questions and discussed working on the verbiage.
Commissioner Hansen requested discussion on the best way to go through any additional comments
from the Commissioners. The Commissioners discussed and agreed to submit comments to DCD by
Friday, April 19. Staff will incorporate the Commissioners recommendations in the matrix that will be
provided for the May 23rd meeting.
DIRECTOR'S REPORT:
• City Council is holding a public hearing on April 22nd on a development agreement for the
Homestead project, which is for 18 affordable homes on a vacant lot behind Riverton United
Methodist Church. The design review, sub -division and platting process will come to the Planning
Commission and will be a quasi-judicial matter.
• The regular PC meeting is on April 25th, and the agenda includes Shoreline Code update.
• The May 23rd meeting is on the Critical Areas Code update
• In June the PC will hear the design review of Fire Station 52
Adjourned: 8:55 PM
Submitted by Shana Markstrom, substitute for Wynetta Bivens
Planning Commission Secretary
Adopted: 4/25/19
City of Tukwila
Planning Commission
PLANNING COMMISSION (PC) MINUTES
Date: May 23, 2019
Time: 6:30 PM
Location: Council Chambers
Present: Chair Dennis Martinez; Vice Chair Heidi Watters; Commissioners Mike Hansen,
Sharon Mann and Dixie Stark
Absent: Commissioners Louise Strander and Karen Simmons
Staff:
Adopt
Minutes Commissioner Hansen seconded the motion. Motion passed.
Department of Community Development (DCD) Planning Supervisor Minnie
Dhaliwal, Senior Planner Lynn Miranda and Planning Commission Secretary
Wynetta Bivens
Commissioner Mann made a motion to adopt the April 25, 2019 minutes.
Chair Dennis Martinez opened the public hearing and swore in those wishing to provide
testimony.
CASE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
SEPA DETERMINATION:
L 19-0051 (Code Amendment)
City of Tukwila
Zoning Code amendments to clarify that multifamily uses permitted
outright in the Tukwila South Overlay (TSO) include duplexes,
triplexes, fourplexes, townhouses, senior citizen housing, and assisted
living facilities for seniors.
TSO zone
Tukwila South Project Draft Environmental Impact Statement (DEIS)
was issued April 5, 2005. The Final EIS was issued on July 7, 2005.
An Addendum to the Final EIS was issued on September 23, 2005.
Lynn Miranda, Senior Planner, DCD gave the presentation for staff. She provided background
information. She said Segale created a master plan for the whole TSO area, and that master plan was
adopted in the development agreement. To implement the master plan the TSO Zoning Standards
were adopted in 2009. The TSO standards can be applied to any areas covered as part of the master
plan. She said the TSO overlay supersedes the underling zoning. She said although a variety of low
to high rise multifamily structures, including duplexes, triplexes, fourplexes and townhouses were
envisioned as part of the master plan when it was adopted, they were not listed as permitted uses when
the TSO zoning was adopted. Staff is requesting the PC forward a recommendation to the City
Council that TMC Table 18-6 be amended to allow townhouses, duplexes, triplexes and fourplexes as
a permitted use in the TSO zone with a requirement that these forms of multifamily dwellings are
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May 23, 2019
allowed after a residential design manual is adopted consistent with current requirements for other
forms of multifamily in the TSO zone.
Some questions raised by the Commissioners were: why this code amendment was not approved
administratively, questions about the process including inquiring when the residential design
guidelines would be adopted, and whether there was something controversial about the proposed
amendment.
Minnie Dhaliwal, Planning Supervisor, DCD, addressed questions, and noted there was nothing
controversial about the proposed amendment.
TESTIMONY:
Mike Pruett, Segale Properties, provided clarification for the Commissioners. He said townhouses
were clearly anticipated in the adopted master plan and Development Agreement. He said they were
coordinating with a developer who was interested in building townhouses but could not because Table
18-6 did not explicitly indicate that townhouses are a permitted use in TSO zone. He said Segale
Properties had also worked with the City to allow multifamily uses on a portion of their property
adjacent to the City of SeaTac, but realized instead of the piecemeal approach of coming up with
residential design guidelines they needed to prepare them for the entire TSO area, so they are
currently working on design standards and design guidelines for residential development. Once the
design standards are adopted projects will go through the design review process to make sure they
meet the adopted requirements. Mr. Pruett said he thinks that the townhouse uses that were adopted
as part of the master plan were left off Table 18-6.
There was no further testimony.
The public hearing was closed.
Commissioner Mann asked if there was any further discussion. If not, she was ready to make a
motion. There was no further discussion.
MOTION:
Commissioner Mann made a motion to approve case number L19-0051 (Code Amendment) to
allow townhouses, duplexes, triplexes and fourplexes in the TSO zone as a permitted use with the
requirement that these forms of multifamily dwellings are allowed after a residential design
manual is adopted, consistent with current requirements for other forms of multifamily uses in the
TSO zone, and forward to the City Council for their review. Commissioner Hansen seconded the
motion. Motion passed.
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May 23, 2019
CASE NUMBER: L18-0056 Critical Areas Code Update
APPLICANT: The City of Tukwila
The public hearing was held and closed on April 11, 2019. Planning Commission started, deliberations
by reviewing the comments and staff recommendations listed in the matrix (Attachment B of the staff
report).
Matrix - Proposed 18.45 Edits
DELIBERATIONS CONTINUED:
Row 1, Section 18.45.110
Commissioner Mann moved to amend the Public Review Draft TMC to
read as shown on Attachment B. Commissioner Wafters seconded the
motion. Motion passed.
Row 2, Section 18.45.160 This item was deferred to the next meeting.
Row 3, Section 18.45.190.0 Commissioner Mann moved to amend the Public Review Draft TMC to
read as recommended by staff and shown in Attachment B.
Commissioner Stark seconded the motion. Motion passed.
Row 4, Section 18.45.100 &18.45.030 Commissioner Watters moved to amend the Public Review
Draft TMC to read as shown in Attachment B. Commissioner
Stark seconded the motion. Motion passed.
Row 5, Section 18.45.100. E. 1.g
Row 6, Section 18.45.110. C. 1.F
Row 7, Section 18.45.30. E.3
Row 8, Section 18.45.100.E
Row 9, Section 18.45.110B.2
Row 10, Section 18.45.110.C. d
Commissioner Wafters moved to amend the Public Review
Draft TMC to read as shown on Attachment B with the
exception that letter f. reads, "Buffer averaging shall not
adversely affect water quality". Commissioner Mann
seconded the motion. Motion passed.
Commissioner Hansen moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Wafters seconded the motion. Motion passed.
Commissioner Stark moved to amend the Public Review
Draft TMC to read as shown with the exception to strike the
word "add" following the word "alter" on Attachment B.
Commissioner Hansen seconded the motion. Motion passed.
No change.
No change.
Commissioner Mann moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Stark seconded the motion. Motion passed.
Row 11, Section 18.45.180.4.f No change.
Row 12, Section 18.45.195.D.3.b No change.
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May 23, 2019
Row 13, Section 18.45.90.D. d
Row 14, Section 18.45.70. A.6
Row 15, Section 18.45.158. B.3
Row 16, Section 18.45.158. D.3
Row 17, Section 18.45.158. E
Row 18 Shoreline vesting
Row 19, Section 18.06.720
Row 20, Section 16.52.030 (32)
Row 21 Section 18.45.30.B
Row 22, Section 18.45.30.G
Row 23, Section 18.45.40. B.12
Row 24, Section 18.45.40. D.1
Row 25, Section 18.45.40. E
Row 26, Section 18.45.80.B
Row 27, Section 18.45.158. C.8
Row 28, Section 18.45.158. D.3
Row 29, Section 18.45.158. D.8
Row 30, Section 18.45. 090.C.2.c
Commissioner Hansen moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Stark seconded the motion. Motion passed.
Commissioner Hansen moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Watters seconded the motion. Motion passed.
Commissioner Hansen moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Wafters seconded the motion. Motion passed.
Commissioner Hansen moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Wafters seconded the motion. Motion passed.
Commissioner Wafters moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Hansen seconded the motion. Motion passed.
Email from Nancy Rogers regarding vesting language for
shoreline code. No change.
Commissioner Mann moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Hansen seconded the motion. Motion passed.
No change.
Commissioner Wafters moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Hansen seconded the motion. Motion passed.
No change.
No change.
No change.
No change.
Commissioner Wafters moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Stark seconded the motion. Motion passed.
Commissioner Hansen moved to amend the Public Review
Draft TMC to read as shown on Attachment B. Commissioner
Wafters seconded the motion. Motion passed four to one.
Commissioner Mann was opposed.
No change.
No change.
Commissioner Mann moved to amend the Public Review
Draft TMC to replace `acreage' with `square feet" as shown
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May 23, 2019
on Attachment B. Commissioner Stark seconded the motion.
Motion passed
Row 31 Various sections of the code were updated to add clarity and
were shown in highlighted text in Attachment E. No change.
Row 32, Tree Chapter, Landscape Code:
Staff handed out a table comparing different tree and vegetation management standards covered under
the tree, landscaping, critical areas and shoreline codes. Staff requested policy direction from the PC
on whether they should clean up the tree code and landscaping in addition to the shoreline and critical
areas that have already been reviewed to make language more consistent in all four chapters. It was the
consensus of the Commissioners for staff to clean up the two additional chapters of the code and return
with staff's recommendations for the Commissioners to review.
Commissioner Watters expressed concerns regarding having duplicate standards in different areas of
the code and capturing updates in all areas. Staff will review duplicates for potential consolidation.
OUTSTANDING ISSUES:
• SAMP and vesting issue
• Consistency of tree and vegetation management regulations in the Tree, Landscape, Critical
Areas and Shoreline Chapter
• Re -numbering and formatting of the code to break up long sections.
Staff will return with a final version of the code that incorporates the recommendations made
tonight and addressing the three outstanding issues noted above. PC will then make their final
recommendation to the City Council.
DIRECTOR'S REPORT:
• June PC agenda — Design review for Fire Station 52 and Critical Areas wrap up, and Tree Code
deliberations.
Adjourned: 9:30 PM
Submitted by Wynetta Bivens
Planning Commission Secretary
Adopted: June 27, 2019
City of Tukwila
Planning Commission
PLANNING COMMISSION (PC) PUBLIC MEETING
MINUTES
Date: June 27, 2019
Time: 5:30 PM
Location: Council Chambers
Present: Chair Dennis Martinez; Vice Chair Heidi Watters; Commissioners Mike Hansen,
Louise Strander, Karen Simmons and Dixie Stark
Commissioner Sharon Mann — arrived at 6:20 PM
Staff: Department of Community Development (DCD) Planning Supervisor Minnie
Dhaliwal, Environmentalist, Andrea Cummins and Planning Commission Secretary
Wynetta Bivens
Adopt Commissioner Mann made a motion to adopt the May 23, 2019 minutes.
Minutes: Commissioner Hansen seconded the motion. Motion passed.
Chair Dennis Martinez opened the public meeting:
PLANNING COMMISSION DELIBERATION
CASE NUMBER: L18-0056
APPLICANT: City of Tukwila
REQUEST: Critical Areas Code update. Planning Commission held a public hearing on this
issue on April 11, 2019. Since then the Planning Commission started
deliberations on May 23, 2019 and will continue deliberating at this meeting to
finalize their recommendation to the City Council.
LOCATION: City Wide
Minnie Dhaliwal, Planning Supervisor, DCD, provided an overview. She noted that the following
three items from the May 23, 2019 deliberations were scheduled to come back to the PC: 1)
Consistency for the vegetation management for Shoreline, Critical Areas, the Tree Code and the
Landscaping Code. The purpose is to provide clarity on each of the sections. There will be an
applicability section added, clarification for topping and pruning, addition of the tree protection, as
well as planting of shrubs and willow states to be counted for tree replacement to improve the buffer
function on the riverbank. She said the only substantive changes are in the Tree Code which apply to
single-family homes and are as follows: Tree removal shall be regulated based on tree size and not on
canopy as homeowners find it hard to determine the species of the tree or determine whether it is
large/medium/small canopy. It is easier for them to measure the diameter of the tree. She then walked
the Commission through the four different chapters.
Andrea Cummins, DCD, Urban Environmentalist answered questions.
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June 27, 2019
Commissioner Watters was interested in having examples on how to interpret the replacement ratios
table in the code.
Commissioner Hansen agreed with the recommendation to have examples in the code and suggested
directing individuals to worksheets. Staff agreed to include worksheets and examples in the tree
permit application.
Commissioner Simmons suggested adding a time period as a point of reference for the 36-months in
the footnote, staff agreed.
MOTIONS:
Attachment C-1
Commissioner Hansen moved to amend TMC 18.44 to read as shown in Attachment C-1 and forward
it to City Council. Commissioner Stark seconded the motion. Motion passed.
Attachment C-2
Commissioner Hansen moved to amend TMC 18.45 to read as shown in Attachment C-2 and forward
it to City Council. Commissioner Watters seconded the motion. Motion passed.
Attachment C-3
Commissioner Hansen moved to amend TMC 18.52 to read as shown in Attachment C-3 and forward
it to City Council. Commissioner Stark seconded the motion. Motion passed.
Attachment C-4
REVISION:
Commissioner Hansen moved to approve TMC 18.54 in Attachment C-4 with the additional language
to TMC 18.54.080, Table A, footnote, 1) add the phrase, "in a 36-month period"; 2) add a new
sentence to read, "See tree permit application for additional details." 3) the table is amended in row
three to read, "...greater than 18" tree with number one, and no other trees." as amended by the PC
and forward it to City Council. Commissioner Stark seconded the motion. Motion passed.
CRITICAL AREAS SECTION, 18.45.090
Commissioner Hansen moved to amend TMC 18.45.090 to read, as noted on page 9, "Wetland
creation for restoration projects may only be approved if the applicant can show either, 1) that the
adjoining property owners are agreeable to having wetland buffers extend onto or across their
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June 27, 2019
property, or 2) that the on -site wetland buffer are sufficient to protect the functions and values of the
wetland and the project as a whole resulting in net environmental benefit." Commissioner Walters
seconded the motion. Motion passed.
VESTING PROVISIONS, CRITICAL AREAS MASTER PLAN
There was extensive discussion on the vesting provisions in the proposed Critical Areas Code and
how it relates to Tukwila South Development Agreement.
The PC had numerous concerns.
Commissioner Hansen asked the PC chair to take a vote of the PC for deferring the decision to the
City Council without a recommendation. The consensus of the PC with a unanimous vote was to
move it on to the City Council without a recommendation, and forward a list of their concerns, such
as:
- The PC does not know what all is in the development agreement.
- Uncomfortable not having full knowledge and casting a vote.
Best to have the developer work with staff.
Prefer to a legal opinion by the City Attorney.
Since the Development Agreement was negotiated through the City Council process the
decision on vesting should be made by the City Council
- The developer put a lot of work and money into the deal, but the PC were not there when the
deal was made.
MOTION:
The PC decided not to make a formal ruling to forward a recommendation to the City Council, but
deferred the decision making to the City Council. The PC requested that staff return with a bullet
point summary of their concerns, which staff agreed to return with at the next PC meeting for their
approval to forward to the City Council.
Adj ourned:
Submitted by
Adopted:
7:00 PM
Wynetta Bivens
Planning Commission Secretary
8/22/19