AN ORDINANCE updating code references to stormwater, grading and drainage control provisions, amending Seattle Municipal Code Sections 3.02.125, 3.06.030, 21.33.010, 21.33.040, 22.900D.145, 23.42.040, 25.05.675, 25.09.060, 25.09.120, 25.09.160, 25.09.180, 25.09.200, 25.09.220, and 25.09.520.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection A of Section 3.02.125 of the Seattle Municipal Code, which Section was last amended by Ordinance 122825, is amended as follows:

3.02.125 Hearing Examiner filing fees.

A. Filing fees for hearings before the City Hearing Examiner are as follows:

Basis for Hearing	Fee
Admission Tax Deficiency (Ch. 5.40)	$50
Admission Tax, Revocation of Exemption (Sec. 5.40.085)	No fee
Ballard Avenue Landmark District (Ch. 25.16)	50
Business License Tax Deficiency (Ch. 5.45)	50
Cable Television Ordinance (Ch. 21.60)	No fee
Columbia City Landmark District (Ch. 25.20)	50
Commercial Parking Tax Deficiency (Ch. 5.35)	50
Commute Trip Reduction (CTR) (Ch. 25.02)	50
Design Decision in Multiple Residence Mixed Density Zone (Ch. 24.38)	50
Employee Hours Tax (Ch. 5.37)	50
Fair Employment Practices Ordinance (Ch. 14.04)	No fee
Floating Home Moorages (Ch. 7.20)	50
/petitioner; maximum fee	150
Gambling Tax Deficiency (Ch. 5.52)	50
Grading Ordinance (Title 22, Subtitle ((VIII)) IB)	50
Harvard/Belmont Landmark District (Ch. 25.22)	50
Housing Code (Ch. 22.206)	50
Land Use Code Enforcement (Ch. 23.90)	50
Landmark Preservation Controls and Incentives (Sec. 25.12.530)	No fee
Landmarks Preservation (Sec. 25.12.740 and Sec. 25.12.835)	50
License Code (Title 6, Subtitle I)	50
Master Use Permit (Ch. 23.76)	50
Noise Ordinance (Ch. 25.08)	50
Open Housing Ordinance (Ch. 14.08)	No fee
Pike Place Market Historical District (Ch. 25.24)	50
Pioneer Square Minimum Maintenance Ordinance (Ch. 25.28, Subchapter II)	50
Planned Unit Development (Ch. 24.66)	50
Plumbing Code (Ch. 20.16, Uniform Plumbing Code, Ord. 116594)	50
Property Tax Exemption, Cancellation of Exemption (Ch. 5.72)	50
Radiofrequency Radiation Ordinance (Ch. 25.10)	50
Refund Anticipation Loan (Ch. 7.26)	5
Relocation Assistance (Ch. 20.84)	No fee
Seizure of Property– Controlled Substances (RCW 69.50.505(e))	No fee
Special Review Districts (Ch. 23.66)	50
Square Footage Tax (Ch. 5.46)	50
State Environmental Policy Act (SEPA) (when not a Master Use Permit component) (Ch. 25.04)	50
Utility tax (Ch. 5.48)	50
Zoning Map Amendments (Rezones) (Ch. 23.34)	No fee
Zoning Rulings and Interpretations (Ch. 23.88)	50

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Section 2. Subsection A of Section 3.06.030 of the Seattle Municipal Code, which Section was last amended by Ordinance 121276, is amended as follows:

3.06.030 Director Powers and duties

The Director of the Department of Planning and Development, under direction of the Mayor, shall manage the Department of Planning and Development, appoint, assign and dismiss all employees in conformance with the City's personnel ordinances and rules, and perform the following functions:

A. Enforcing building ordinances of the City, including but not limited to the provisions of the Building Code; the Electrical Code; the Mechanical Code; the Housing and Building Maintenance Code; the Land Use Code; the Pioneer Square Minimum Maintenance Ordinance; the Condominium Conversion Ordinance; the Energy Code; the Stormwater, Grading and Drainage Control Ordinance; the Stormwater Code; the Grading Code; and appropriate regulations;

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Section 3. Subsections A and W of Section 21.33.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 122821, are amended as follows:

21.33.010 Definitions.

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A. "Approved stormwater management facility" means a drainage control facility or improvement installed and properly maintained on any parcel in the City subject to a drainage service charge that reduces or controls flow or improves water quality, or both, of stormwater flowing from all or part of the impervious surfaces on the parcel to the City's stormwater system, and which meets the technical design requirements for the drainage discharge point applicable to the parcel as more particularly described in the Stormwater, Grading and Drainage Code Chapters 22.800 through 22.808 Seattle Municipal Code 22.802 and associated Director's Rules. SPU Director's Rules 03-00 and 04-00, as may be amended from time to time.

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W. "Stormwater performance goals" mean the standards for

1) 1. water quality as shown by total suspended solids;

2) 2. total volume;

3) 3. two-year peak volume and duration; and

4) 4. twenty-five-year peak volume as appropriate for the drainage discharge point as more particularly described in the Stormwater , Grading and Drainage Code Chapters 22.800 through 22.808 Seattle Municipal Code 22.802.

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Section 4. Subsection E of Section 21.33.040 of the Seattle Municipal Code, which Section was adopted by Ordinance 122682, is amended as follows:

21.33.040 Stormwater Facility Credit Program

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E. To assign the uniform rate credit by facility type under Section 21.33.040.D.1 and calculate the stormwater facility credit only, the Utility will use the stormwater performance goals under the Stormwater, Grading and Drainage Code adopted by Ordinance No. 119965, effective July 5, 2000, for any approved stormwater management facility installed prior to July 5, 2000. The Utility will use the stormwater performance goals under the Stormwater, Grading and Drainage Code in effect at the time the approved stormwater management facility is installed for any such facility installed after July 5, 2000.

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Section 5. Subsection A of Section 22.900D.145 of the Seattle Municipal Code, which Section was last amended by Ordinance 122855, is amended as follows:

22.900D.145 Site review fee.

A. The fees for plan review and inspection of the following are as provided in this section and Table D-SR:

1. Land-disturbing activity as defined in the Stormwater, Grading and Drainage Control Code SMC 22.801.130 Grading Code, Section 22.170.050; and

2. Drainage, including temporary drainage and erosion and sedimentation control.

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Section 6. Subsection F of Section 23.42.040 of the Seattle Municipal Code, which Section was last amended by Ordinance 122816, is amended as follows:

23.42.040 Intermittent and temporary uses.

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F. Light Rail Transit Facility Construction. A temporary structure or use that supports the construction of a light rail transit facility may be authorized by the Director pursuant to a Master Use Permit subject to the requirements of this subsection 23.42.040.F and subsection 23.60.023 if the structure or use is within the Shoreline District.

1. The alignment, station locations, and maintenance base location of the light rail transit system must first be approved by the City Council by ordinance or resolution.

2. The temporary use or structure may be authorized for only so long as is necessary to support construction of the related light rail transit facility and must be terminated or removed when construction of the related light rail transit facility is completed or in accordance with the MUP.

3. The applicant must submit plans for the establishment of temporary construction uses and facilities to the Director for approval. When reviewing the application, the Director shall consider the duration and severity of impacts, and the number and special needs of people and businesses exposed, such as frail, elderly, and special needs residents. Following review of proposed plans and measures to mitigate impacts of light rail transit facility construction, and prior to the issuance of any permits granting permission to establish construction facilities and uses, the Director may impose reasonable conditions to reduce construction impacts on surrounding uses and area, including but not limited to the following:

a. Noise and Grading and Drainage. Noise impacts will be governed by the Noise Control Ordinance SMC Chapter 25.08) and off-site impacts associated with grading and drainage will be governed by the Stormwater, Grading and Drainage Ordinance (SMC Chapters 22.800 through 22.808). Grading Code (Chapter 22.170) and the Stormwater Code (Chapters 22.800 through 22.808).

b. Light. To the extent feasible, light should be shielded and directed away from adjoining properties.

c. Best Management Practices. Construction activities on the site must comply with Volume 2 of the Stormwater Director's Rules, Construction Stormwater Control Technical Requirements Manual. Director's Rule #6-93, Best Management Practices for Construction Erosion and Sedimentation Control Plans.

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Section 7. Subsections C and D of Section 25.05.675 of the Seattle Municipal Code, which Section was adopted by Ordinance 122578, are amended as follows:

25.05.675 Specific environmental policies.

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C. Drainage.

1. Policy Background.

a. Property development and redevelopment often create increased volumes and rates of stormwater runoff, which may cause property damage, safety hazards, nuisance problems and water quality degradation.

b. Pollution, mechanical damage, excessive flows, and other conditions in drainage basins will increase the rate of down-cutting and/or the degree of turbidity, siltation, habitat destruction, and other forms of pollution in wetlands, riparian corridors and lakes. They may also reduce low flows or low water levels to a level which endangers aquatic or benthic life within these wetlands, riparian corridors and lakes.

c. The aesthetic quality and educational value of the water and watercourses, as well as the suitability of waters for contact recreation and wildlife habitat, may be destroyed.

d. Authority provided through the Grading and Drainage Control Ordinance3 Stormwater Code (Chapters 22.800 through 22.808) and the Environmentally Critical Areas Ordinance Regulations for Environmentally Critical Areas (Chapter 25.09) is intended to achieve mitigation of drainage impacts in most cases, although these ordinances may not anticipate or eliminate all impacts.

2. Policies.

a. It is the City's policy to protect wetlands, riparian corridors, lakes, drainage basins, wildlife habitat, slopes, and other property from adverse drainage impacts.

b. The decisionmaker may condition or deny projects to mitigate their adverse drainage impacts consistent with the Overview Policy set forth in SMC Section 25.05.665; provided, that in addition to projects which meet one (1) or more of the threshold criteria set forth in the Overview Policy, the following may be conditioned or denied:

i. 1) Projects located in environmentally critical areas and areas tributary to them;

ii. 2) Projects located in areas where downstream drainage facilities are known to be inadequate; and

iii. 3) Projects draining into streams identified by the State Department of Fisheries or and Wildlife as bearing anadromous fish.

c. To mitigate adverse drainage impacts associated with the projects identified in the policy set forth in subsection C2 above in subsection 25.05.675.C.2, projects may be required to provide drainage control measures designed to a higher standard than the design storm specified in the Grading and Drainage Control Ordinance3 Stormwater Code (Chapters 22.800 through 22.808) and the Environmentally Critical Areas Ordinance. Mitigating measures may include, but are not limited to:

i. 1) Reducing the size or scope of the project;

ii. 2) Requiring landscaping and/or retention of existing vegetation;

iii. 3) Requiring additional drainage control or drainage improvements either on or off site; and

iv. 4) Soil stabilization measures.

D. Earth.

1. Policy Background.

a. Property development and redevelopment sometimes contribute to landslides, accelerated soil creep, settlement and subsidence, and abnormal erosion. They may also be subject to seismic hazards such as strong ground motion and liquefaction.

b. The Grading and Drainage Control Ordinance3 Grading Code (Chapter 22.170) was specifically developed to prevent or minimize impacts resulting from earth fills and excavations and the Environmentally Critical Areas Ordinance was developed to minimize impacts resulting from activity in environmentally critical areas; however, these ordinances may not anticipate or adequately mitigate such impacts in all cases.

c. Drainage impacts, which are closely related to earth movement hazards, are addressed separately in subsection C of these policies.

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Section 8. Subsections H and J of Section 25.09.060 of the Seattle Municipal Code, which Section was last amended by Ordinance 122050, are amended as follows:

25.09.060 General development standards.

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H. Best management practices shall be used for all construction activity on parcels with or adjacent to environmentally critical areas or buffers to prevent sediment and other pollutants from entering the riparian corridor watercourses or other fish and wildlife habitat conservation areas on or off the property. Best management practices include, but are not limited to, installation of siltation barriers, diversion measures, slope drains, and structural, vegetative stabilization techniques and other methods prescribed in Title 22, Subtitle VIII Chapters 22.800 through 22.808, the Stormwater, Grading and Drainage Control Code.

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J. The site, including developmental coverage and construction activity areas, shall be managed in a manner sufficient to control stormwater and prevent erosion during construction, and shall be revegetated to promote stormwater control and prevent erosion after construction, consistent with Title 22, Subtitle VIII Chapters 22.800 through 22.808, the Stormwater, Grading and Drainage Control Code.

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Section 9. Subsection B of Section 25.09.120 of the Seattle Municipal Code, which Section was last amended by Ordinance 122050, is amended as follows:

25.09.120 Development standards for flood-prone areas.

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B. Drainage-Control Plan. If the site is mapped or determined to be flood-prone, the Director may require a drainage-control plan to be submitted with the permit application showing the flood-prone area, the tributary watershed, and all drainage features, to describe the existing situation and proposed modifications to the drainage system. If required, the drainage-control plan shall provide for control of water quality and quantity in compliance with Title 22, Subtitle VIII Chapters 22.800 through 22.808, Stormwater Grading and Drainage Control Code, Chapter 25.06, Seattle Floodplain Development Ordinance, and any other subsequent applicable flood-control codes or ordinances to protect the public interest and prevent harm.

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Section 10. Subsection C of Section 25.09.160 of the Seattle Municipal Code, which Section was last amended by Ordinance 122050, is amended as follows:

25.09.160 Development standards for wetlands.

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C. Wetland Buffers and Mitigation.

1. Establishment of buffers.

a. The wetland buffer is measured horizontally from the edge of the wetland.

b. Wetlands have the following buffers:

Category I and II wetlands over ((one hundred (100))) 100 square feet in total size or of any size with the characteristics described in subsection 25.09.160.B.1.c above	100 feet 110 feet for moderate level habitat function 200 feet for high level of habitat function
Category III wetlands over ((one hundred (100))) 100 square feet in total size or of any size with the characteristics described in subsection 25.09.160.B.1.c above	60 feet 85 feet for moderate or greater level habitat function
Category IV wetlands ((one thousand (1,000))) 1000 square feet or more in total size or of any size with the characteristics described in subsection 25.09.160.B.1.c above	50 feet
Category IV wetlands under ((one thousand (1,000))) 1000 square feet in total size that do not have the characteristics described in subsection 25.09.160.B.1.c above	No buffer. Use mitigation under subsection 25.09.160.C.3.

A wetland with a moderate level of function is one that scores 20 to 28 points for habitat function when rated according to Washington State Ecology publication #04-06-025. A wetland with a high level of function for habitat is one that scores of 29 to 36 points for habitat function when rated according to Washington State Ecology publication #04-06-025.

c. Wetlands constructed in upland areas or non-wetland areas by any person for stormwater control, biofiltration or aesthetic purposes are not subject to the wetland buffer requirements of this c Chapter. Maintenance activities are not restricted in these types of wetlands.

2. Development is prohibited in wetland buffers, except as approved by the Director under subsection 25.09.160.D.

3. The Director may authorize development in a Category IV wetland under one thousand ( 1,000 ) square feet that does not have the characteristics described in subsection 25.09.160.B. 1.c above, when the Director finds that one of the following measures, which must occur on site, will mitigate wetland function lost by development:

a. Construct a wetland of equal function to the lost wetland function.

b. Plant an area of native vegetation equal or greater in size to the area of the developed wetland, and remove invasive species in the area to be planted.

c. Construct a bioengineered/infiltration facility, such as a bioswale, stormwater or infiltration planter, bioretention cell or bioretention planter, that replicates the hydrologic and/or water quality benefit of the developed wetland. This facility shall be designed according to the requirements of Title 22, Subtitle VIII Chapters 22.800 through 22.808, Stormwater , Grading and Drainage Control Code and associated Director's Rules .

d. Construct a eco green roof or roof garden that replicates the hydrologic and/or water quality benefit of the developed wetland. These facilities shall be designed according to the requirements of Chapters 22.800 through 22.808 Title 22, Subtitle VIII, Stormwater, Grading and Drainage Control Code and associated Director's Rules.

4. Buffer Vegetation.

a. Removal of, clearing, or any action detrimental to habitat, trees or vegetation in the wetland buffer is prohibited, except as provided in subsection D and Section 25.09.320.

b. Invasive plants and noxious weeds may be removed by hand. No machines or chemical removal shall be permitted without the Director's approval.

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Section 11. Subsection B of Section 25.09.180 of the Seattle Municipal Code, which Section was last amended by Ordinance 122050, is amended as follows:

25.09.180 Development standards for steep slope areas.

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B. Impacts on Steep Slope Areas.

1. Development is prohibited on steep slope areas, unless the applicant demonstrates that the provisions of subsections 25.09.180. B.2 or 25.09.180.E apply.

2. Provided that all the provisions of this cC hapter and all applicable provisions of Title 23 and Chapters 22.800 through 22.808 Title 22, Subtitle VIII, are met, the development standards in subsection 25.09.180.B.1 does not apply when the applicant demonstrates the development meets one of the following criteria. In determining whether these criteria are met, the Director may require a geotechnical report to verify site conditions and to evaluate the impacts of the development in the steep slope area and shall require such a report for criteria in subsections 25.09.180.B.2.c and 25.09.180.B.2.d. The geotechnical report is subject to the provisions for third party review in Section 25.09.080.C.

a. Development is located where existing development is located, if the impact on the steep slope area is not altered or increased; or

b. Development is located on steep slope areas that have been created through previous legal grading activities, including rockeries or retaining walls resulting from rights of way improvements, if no adverse impact on the steep slope area will result; or

c. Development is located on steep slope areas that are less than 20 feet (20') in vertical rise and that are 30 feet thirty feet (30') or more from other steep slope areas, if no adverse impact on the steep slope area will result; or

d. Development is located on steep slope areas where the Director determines that application of the development standards in subsection 25.09.180.B.1 would prevent necessary stabilization of a landslide-prone area.

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Section 12. Subsections A and B of Section 25.09.200 of the Seattle Municipal Code, which Section was last amended by Ordinance 122050, are amended as follows:

25.09.200 Development standards for fish and wildlife habitat conservation areas.

A. Development standards for parcels with riparian corridors.

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3. Riparian Management Area.

a. The riparian management area is defined in subsection 25.09.020.D.5. Existing public or private streets are excluded from the regulations for the riparian management area, provided that if the provisions of Chapters 22.800 through 22.808 Title 22, Subtitle VIII, the Stormwater, Grading and Drainage Control Code apply, the Director shall require adequate stormwater detention to prevent harm from the street to habitat on the parcel and downstream and to keep degradation of water quality for habitat to a minimum.

b. Activities in the riparian management area.

(1) Development is prohibited in the riparian management area, except to provide access to development approved under subsection 25.09.200.A.2 and except under subsections 25.09.200.A.3.b.2, 25.09.200.A.3.c, and 25.09.200.A.3.d. A3b(2), A3c, and A3d.

( 2) Removal of, clearing, or any action detrimental to habitat, trees or vegetation in the riparian management area is prohibited, except as provided in subsection 25.09.200.A.3.c below and Section 25.09.320.

c. Riparian Management Area Vegetation.

(1) If the vegetation in the riparian management area protects the fish habitat and wildlife habitat as they exist on the site at the time development is proposed, including preventing erosion and protecting water quality, the existing vegetation shall remain undisturbed, except as allowed under Section 25.09.320.

( 2) If the riparian management area is not functioning in the manner set out in subsection 25.09.200.A.3.c.1 A3c(1) above, the applicant shall prepare and carry out a tree and vegetation plan that augments the existing vegetation with native vegetation to the extent commensurate with the impact of the development on the riparian management area. The plan shall be prepared and executed consistent with Section 25.09.320. Vegetation in the riparian management area shall not be removed or otherwise disturbed until the applicant is ready to immediately replant according to the approved plan. A monitoring plan shall be prepared to monitor the establishment of the vegetation. The plan shall cover five (5) growing seasons or the period needed to successfully carry out the plan, whichever is earlier.

d. In addition to subsections 25.09.200.A.3.b.2 and 25.09.200.A.3.c A3b(2) and A3c, development is allowed in the riparian management area on lots existing prior to May 9, 2006 at the time Ordinance 122050 takes effect if the applicant demonstrates that:

( 1) the development is in the limited riparian development area, which is the area in the riparian corridor but outside of the watercourse and more than 75 feet seventy-five feet (75') from the top of the watercourse bank for Type 2 and 3 waters with anadromous fish present for any part of the year, more than 50 feet fifty feet (50') from the top of the watercourse bank for Type 2 and 3 waters where anadromous fish are not present for any part of the year and more than 50 feet fifty feet (50') from the top of the watercourse bank for Type 4 and 5 waters;

( 2) the development complies with Section 22.802.016 Sections 22.805.080 and 22.805.090, regardless of the area of land disturbing activity or the size of the addition or replacement of impervious surface, except as provided in subsection 25.09.200.3.e; and

( 3) any development, including but not limited to coverage by impervious surface, does not exceed 35% percent of the total area of the limited riparian development area, provided that the maximum lot coverage does not exceed that allowed under Title 23, and except as provided in subsection 25.09.200.3.e.

e. When compliance with Section 22.802.016 Sections 22.805.080 and 22.805.090 is required solely based on subsection 25.09.200.3.d.2 3d(2) above, the Director may approve a restoration plan in lieu of requiring compliance with subsections 25.09.200.3.d.2 and 25.09.200.3.d.3 3d(2) and (3) if the applicant demonstrates that the plan meets the following criteria:

( 1) The watercourse or riparian management area function will be restored so that it prevents erosion, protects water quality, and provides diverse habitat; and

( 2) The restoration results in greater protection of the watercourse and riparian management area than compliance with subsections 25.09.200.3.d.2 and 25.09.200.3.d.3 3d(2) and (3).

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B. Development Standards for Shoreline Habitat.

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4. Buffers.

a. Shoreline habitat has a 100 foot one hundred foot (100') buffer from the ordinary high water mark.

b. Bioengineered solutions, such as using plants or other approved natural material, to stabilize the shoreline are allowed in the buffer, provided they are allowed under Title 23, including c Chapter 23.60, the Shoreline Master Program.

c. Other development for water dependent and water related uses is prohibited in the buffer, except when:

( 1) The development is allowed under Title 23, including cChapter 23.60, the Shoreline Master Program; and

( 2) no vegetation is removed, the amount of impervious surface is not increased, and no surface that is permeable by water at the time of the application will be covered with an impervious surface so that impervious surface will be closer to the ordinary high water mark; or

( 3) if any of the actions described in subsection 25.09.200.B.4.c.2 c(2) above occur and that action impacts the ecologic function of the shoreline, those impacts are mitigated as set out in subsection 25.09.200.B.4.e below.

If the standards in subsections 25.09.200.B.4.c.1 and 25.09.200.B.4.c.2 c(1) and (2) are met, then the application is not subject to the application submittal requirements in Section 25.09.330 and the general development standards in Section 25.09.060.

d. Other development for non-water dependent and nonwater related uses is prohibited in the buffer, except when:

( 1) The development is allowed under Title 23, including cChapter 23.60, the Shoreline Master Program; and

( 2) for non-residential uses

( a) the lot was in existence before May 9, 2006 the effective date of Ordinance 122050; and

( b) the development is 25 feet twenty five feet (25') or more from the ordinary high water mark unless the development is allowed in the shoreline habitat under Title 23, including cChapter 23.60, the Shoreline Master Program; and

( c) (i) i. no vegetation is removed, impervious surface is not increased and no net loss of ecological function of the critical area or buffer from other actions occurs; or

(ii) ii. if any of the actions described in subsection 25.09.200.B.4.d.2.c.i d(2)(c)(i) above occur, all impacts on the ecological function are mitigated as set out in subsection 25.09.200.B.4.e below; or

( 3) for residential uses the residence is 25 feet twenty five feet (25') or more from the ordinary high water mark

( a) and no vegetation is removed, impervious surface is not increased and no net loss of ecological function of the critical area or buffer from other actions occurs; or

( b) if any of the actions described in subsection 25.09.200.B.4.d.3.a d(3)(a) above occur, all impacts on the ecological function are mitigated as set out in subsection 25.09.200.B.4.e below.

e. Mitigation.

( 1) Mitigation must prevent net loss of ecological function. Mitigation must achieve the equivalent ecologic functions as the conditions existing in the shoreline habitat buffer at the time of development. Mitigation under this sSection is not intended to duplicate mitigation for the same ecologic function that is required under other City regulations or under state and federal permits. The permit condition most protective of the ecologic function shall be enforced.

( 2) For the purpose of this sS ection, mitigation is action that replaces ecological functions lost as a result of a project impact. Depending on the type of lost ecological function these include:

( a) providing habitat, or

( b) creating new pervious ground or

( c) replicates the function of the pervious ground through methods that are engineered and designed according to the requirements of Chapters 22.800 through 22.808 Title 22, Subtitle VIII, Stormwater, Grading and Drainage Control Code.

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6. Streets.

a. Existing public or private streets are excluded from these buffer regulations, provided that if the provisions of Chapters 22.800 through 22.808 Title 22, Subtitle VIII, the Stormwater, Grading and Drainage Control Code apply, the Director shall require adequate stormwater detention to prevent harm from the street to habitat and to keep degradation of water quality for habitat to a minimum.

b. New streets are allowed when the following criteria are met:

( 1) the street is allowed under Title 23, including cChapter 23.60, the Shoreline Master Program; and

( 2) no vegetation is removed, impervious surface is not increased, and no net loss of ecological function of the critical area or buffer from other actions occurs; or

( 3) if the actions described in subsection 25.09.200.B.6.b.2 (b)(2) above occur, any impacts on the ecological function are mitigated as set out in subsection 25.09.200.B. 4.e above.

7. The following provisions apply to all parcels containing shoreline habitat and buffers to prevent impacts to the habitat and buffer:

a. Any increases in surface runoff from development shall be kept to a minimum, and surface water run off shall be controlled, treated and released so that receiving water quality and any shore properties and features are not adversely affected. Control measures may include, but are not limited to, dikes, catch basins or settling ponds, interceptor drains and planted buffers. Allowable means to achieve this include bioswales, catch basin filters, and other methods prescribed in Chapters 22.800 through 22.808 Title 22, Subtitle VIII, the Stormwater, Grading and Drainage Control Code.

b. Pavement in the habitat and buffer shall be kept to a minimum and permeable surfacing, where practicable, shall be used to keep surface water accumulation and runoff into the habitat and buffer to a minimum. Recommended methods are found in Chapters 22.800 through 22.808 Title 22, Subtitle VIII, Stormwater, Grading and Drainage Control Code. Permeable surfaces include, but are not limited to, porous asphalt, concrete, brick, or pavers; or plastic confinement systems with grass or gravel filler.

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Section 13. Section 25.09.220 of the Seattle Municipal Code, which Section was last amended by Ordinance 122050, is amended as follows:

25.09.220 Development standards for abandoned landfills.

A. Regulation of Development on Abandoned Landfills. Development on abandoned landfills is subject to Seattle-King County Health Department requirements for the applicant to submit an excavation and development work plan, prepared by a licensed engineer with experience in landfill construction and/or management, and comply with other applicable requirements to prevent damage from methane gas buildup, subsidence, and earthquake induced ground shaking as contained in Title 22, Subtitle VIII, Stormwater, Grading and Drainage Control Code Chapter 22.170, Grading Code, Title 22, Subtitle I, Building Code, and regulations pertaining to development on abandoned landfill sites. Technical studies shall be required to indicate whether these areas pose a threat to development on an abandoned landfill site.

B. Areas within 1000 feet One Thousand Feet (1,000') of Methane-producing Landfills. Areas within 1000 feet one thousand feet (1,000') of methane-producing landfills may be susceptible to accumulations of hazardous levels of methane gas in enclosed spaces. Methane barriers or appropriate ventilation may be required in these areas as specified in Title 22, Subtitle VIII, Stormwater, Grading and Drainage Control Code, Title 22, Subtitle I, Building Code, and Seattle-King County Health Department regulations.

Section 14. Section 25.09.520 of the Seattle Municipal Code, which Section was last amended by Ordinance 122738, is amended as follows:

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25.09.520 Definitions

"Best management practices" means

a. the practices defined in Section 22.801.030, of the Stormwater, Grading and Drainage Control Code; and

b. structural, nonstructural and managerial techniques identified by the Director, or by the director of a City agency when that agency is making determinations under this cChapter, as the most effective and practical means in an urban environment to mitigate adverse environmental effects on environmentally critical areas and buffers and their functions.

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"Detention" is defined in Section 22.801.050, of the Stormwater, Grading and Drainage Control Code.

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"Drainage-control facility" is defined in Section 22.801.050 , of the Stormwater, Grading and Drainage Control Code.

"Drainage-control system" is defined in Section 22.801.050, of the Stormwater, Grading and Drainage Control Code.

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"Impervious surface" is defined in Section 22.801.100, of the Stormwater, Grading and Drainage Control Code.

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Section 15. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 16. This ordinance shall take effect and be in force on the latest of: (1) thirty days from and after its approval by the Mayor, or if not approved and returned by the Mayor within ten (10) days after presentation, the date when it would take effect as provided by Municipal Code Section 1.04.020; (2) the date when CB 116614(revising stormwater regulations) takes effect, or would be effective contingent only on the effectiveness of this ordinance and CB 116616 (revising grading regulations); and (3) the date when CB 116616 (revising grading regulations ) takes effect, or would be effective contingent only on the effectiveness of this ordinance and CB 116614(revising the stormwater regulations). The intent is that all three ordinances will take effect at the same time.

Passed by the City Council the ____ day of ________________________, 2009, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2009.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2009.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009.

____________________________________

City Clerk

(Seal)

Dave LaClergue/DLC/ESB

DPD Cross-Reference Update ORD.doc

July 22, 2009

Version #9

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