A. 
The purpose of this chapter is to designate and classify ecologically critical and geologic and flood hazard areas in order to protect ecologically critical areas and protect lives and property from hazards, while also allowing for reasonable use of public or private property.
B. 
The City finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents. Identification, regulation, and protection of critical areas are necessary to protect the public health, safety, and general welfare. Some types may pose a threat to human safety or to public and private property.
C. 
By limiting development within and alteration of critical areas, this chapter seeks to:
1. 
Strive to protect lives and public and private property and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, liquefaction and seismic hazards, or flooding.
2. 
Protect unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, streams, and fish and wildlife and their habitats from encroachment and degradation, and encourage wetland and stream restoration;
3. 
Maintain and promote a diversity of species and habitat within the City;
4. 
Direct activities not dependent on critical area resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alternations in and adjacent to critical areas;
5. 
Provide standards, guidelines, and criteria to guide application of these critical areas goals and policies when considered with other goals and policies of the KMC, including those pertaining to natural features and environmental protection; and
6. 
Coordinate environmental review and permitting of proposals to avoid duplication and delay.
D. 
The regulations of this chapter are intended to protect critical areas in accordance with the GMA and through the application of best available science.
E. 
This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property.
F. 
The City’s enactment and enforcement of this chapter shall not be construed for the benefit of any individual person or group of persons other than the general public.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1); Ord. 24-0624 § 5 (Exh. C))
A. 
As provided herein, the city manager is given the authority to interpret, apply, and enforce this chapter to accomplish the stated purpose.
B. 
The City may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this chapter.
C. 
In the event that multiple critical areas occur on a site, it is the authority of the city manager to balance the protection of the multiple critical areas and provide appropriate mitigation.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
A. 
These critical areas regulations shall be in addition to zoning, land use, and other regulations adopted by the City. Compliance with other regulations does not exempt the applicant from critical areas regulations.
B. 
The critical area regulations shall apply to all critical areas located within the jurisdiction of the Kenmore Shoreline Master Program (KMC Title 16).
C. 
These critical areas regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (Chapter 19.35 KMC).
D. 
Any individual critical area adjoined by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this chapter or any existing regulation, easement, covenant, or deed restriction conflicts with this chapter, that which provides more protection to the critical areas shall apply.
E. 
Areas characterized by particular critical areas may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some sensitive or critical areas. In the event of any conflict between regulations for particular critical areas in this chapter, the regulations which provide greater protection to environmentally critical areas shall apply.
F. 
Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development or conditional use permits, shoreline variances, the Washington State Department of Fish and Wildlife hydraulic project approval (HPA), U.S. Army Corps of Engineers Section 404 permits, and National Pollutant Discharge Elimination System (NPDES) permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 12-0334 § 7; Ord. 19-0488 § 2 (Exh. 1); Ord. 24-0624 § 5 (Exh. C))
The administrative procedures followed during the critical area review process shall conform to the standards and requirements of the City development regulations, except that, where critical areas are located within the jurisdiction of the Kenmore Shoreline Master Program, administrative procedures shall conform to the standards and requirements of Chapter 16.75 KMC. This shall include, but not be limited to, timing, permits, variances, exemptions, exceptions, appeals, and fees associated with applications covered by this chapter.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 12-0334 § 8; Ord. 19-0488 § 2 (Exh. 1))
The City by resolution shall establish fees for critical area review processing and other services provided by the City as required by this chapter.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
Applicable departments within the City are authorized to adopt such administrative rules and regulations as necessary and appropriate to implement this chapter and to prepare and require the use of such forms as necessary for its administration.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
In the interpretation and application of this chapter, the provisions of this chapter shall be considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this chapter, and shall be deemed to neither limit nor repeal any other provisions under State statute.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
A. 
The City shall regulate all uses, activities, and developments within, adjacent to, or likely to affect one or more critical areas, consistent with best available science and the provisions herein.
B. 
Critical areas regulated by this chapter include:
1. 
Wetlands as designated in KMC § 18.55.300, Designation and rating of wetlands;
2. 
Streams and lakes as designated in KMC § 18.55.400, Designation and rating of streams and lakes;
3. 
Fish and wildlife habitats of importance as designated in KMC § 18.55.500, Designation of fish and wildlife habitats of importance;
4. 
Geologically hazardous areas as designated in KMC § 18.55.610, Designation of geologically hazardous areas;
5. 
Frequently flooded areas as designated in KMC § 18.55.707, Lands to which this article applies; and
6. 
Critical aquifer recharge areas and groundwater as designated in KMC § 18.55.800, Designation of groundwater susceptibility and critical aquifer recharge areas.
C. 
All areas within the City meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.
D. 
Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and regulations to support the intent of this chapter and ensure protection of the functions and values of critical areas. “Adjacent” shall mean any activity located:
1. 
On a site immediately adjoining a critical area;
2. 
A distance equal to or less than the required critical area buffer width and building setback;
3. 
A distance equal to or less than 660 feet from a bald eagle nest;
4. 
A distance equal to or less than 656 feet from the closest nest of a great blue heron rookery; or
5. 
Within the floodway, floodplain or channel migration zone.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
Any action taken pursuant to this chapter shall result in equivalent or greater functions and values of the critical areas associated with the proposed action, as determined by the best available science. All actions and developments shall be designed and constructed in accordance with mitigation sequencing (KMC § 18.55.210) to avoid, minimize, restore, and compensate for adverse impacts. Applicants must first demonstrate an inability to avoid or reduce impacts before restoration and compensation of impacts will be allowed. No activity or use shall be allowed that results in a net loss of the functions and values of critical areas.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))