ORDINANCE NO. 2006 – 04
(AN ORDINANCE AFFECTING
Whereas, RCW 76.09.060(3)(b)(i) states that “for six years after the date of [a forest use application], the County… shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land subject to the application,” commonly referred to as the “six-year moratorium”: and
Whereas, RCW 76.09.060(3)(b)(i)(D) mandates local governments to develop an administrative process to consider requests to lift the six-year moratorium, which shall include public notification, and procedures for appeals and public hearings; and
Whereas, RCW 76.09.060(3)(b)(i)(E) further provides local governments with the authority to develop an administrative process to lift or waive the six-year moratorium; and
[Whereas, the proposed changes are to governmental procedures, to correct a clerical error; and,
Whereas; an environmental determination was not made as the project is exempt from State Environmental Policy Act regulations; and,
Whereas, on June 4, 2001, the Board of County Commissioners approved Title 23 – Forest Practices Moratorium ordinance; and
Whereas, Section 23.05.020 Authority, states: “The Director shall have the authority to approve, approve with conditions, or deny a request for a removal of the moratorium, pursuant to the procedures and requirements of this Chapter. In the event that the relevant property is subject to a DNR permit, the Director shall have the authority to remove the moratorium only when an approved Forest Practice Application has been either withdrawn or expired, and no harvest in reliance upon such approval has taken place.” (Emphasis added); and
Whereas, the second sentence eliminates most opportunity to lift a six-year moratorium as allowed under RCW 76.09.060(3)(b)(i)(E); and
Whereas, the Board of County Commissioners authorized the Planning Department to prepare changes to Title 23 to correct a clerical error that happened during the adoption process in May 2001; and
Whereas, on April 4, 2006, the Planning Commission, having provided proper notice in the official newspaper of general circulation and with a quorum present, conducted public hearing to consider this text amendment; and
Whereas, after all those attending were given the opportunity to speak, the public hearing was closed to public testimony; and,
Whereas, on April 4, 2006, the Planning Commission voted to recommend approval of the text amendment to Title 23 as presented; and,
WHEREAS, the Board of County Commissioners, having provided proper notice in the official newspaper of general circulation and with a quorum present, conducted a public hearing to consider this text amendment; and,
WHEREAS, after all those attending the hearing were given the opportunity to speak; the public hearing was closed to public testimony; and,
NOW THEREFORE BE IT HEREBY ORDAINED AND ESTABLISHED the following is the final version of the ordinance affecting Skamania County Code Chapter 23.05, amending Section 23.05.020.)
Chapter 23.05 - LIFTING OR REMOVAL OF MORATORIUM
Sections:
23.05.010 Moratorium Removal
23.05.020 Authority
23.05.030 Process
23.05.040 Permits Which May Be Issued
23.05.010 Moratorium Removal
The county may remove the moratorium on the property as provided in this chapter. If the landowner has any outstanding forest practice violations on the subject parcel, written approval from the Washington State Department of Natural Resources stating the violations have been corrected must be submitted to the County prior to consideration of moratorium removal.
23.05.020 Authority
The Director shall have the authority to approve, approve with conditions, or deny a request for a removal of the moratorium, pursuant to the procedures and requirements of this Chapter. In the event that the relevant property is subject to a DNR permit, the Director shall have the authority to remove the moratorium only when an approved Forest Practice Application has been either withdrawn or expired, and no harvest in reliance upon such approval has taken place.
23.05.030 Process
A. The request will be made to the Department on the application forms provided and accompanied by a completed SEPA environmental checklist, all applicable permits for proposed development, any established fees, and a copy of the recorded notice of moratorium.
B. The Department shall administer and make a final determination on the application as follows:
1. The applicant shall submit a completed application and fee.
2. The applicant shall submit a site plan which includes the following:
a. North arrow;
b. Scale;
c. Boundaries, dimensions, and size of subject parcel;
d. Significant terrain features or landforms;
e. Existing vegetation;
f. Watercourses/drainage;
g. Location and size of existing and proposed structures;
h. Location and width of existing and proposed roads, driveways and trails;
i. Location of existing and proposed services, including water, sewage, power and telephone;
j. Location and depth of all grading and ditching.
3. The Department will mail, by regular mail, notice to all adjacent property owners within three hundred feet of the subject property and publish in the local newspaper notice of the application.
4. The Department will, for a period of fifteen days, receive written comments relating to the proposal.
5. The Director or his/her designee shall visually inspect the development area.
6. The Director will then, within twenty days of receiving the application, issue his or her decision.
7. The applicant, or any person who has submitted comments, may then appeal the Director’s decision to the Board of Adjustment, if they have filed a written Notice of Appeal with the Department within fifteen days of the Director’s decision. The appealing party must also serve the applicant, personally or by mail, with the Notice of Appeal within the fifteen-day deadline.
C. The County, and on appeal the Board of Adjustment, must apply the following standards and factors when deciding whether or not to remove or lift the moratorium:
1. The person requesting the removal did not attempt to avoid the County review or restrictions of a conversion Forest Practice Application.
2. Whether all Forest Practices Application/notice requirements have been met.
3. There will be no damage to a critical area or its associated vegetation area or to the shoreline area or that any damage to those areas may be reasonably restored through mitigation measures.
4. Whether mitigation will protect the affected critical areas and shorelines. This may include a separate application and review under the County’s Critical Areas Ordinance, Chapter 21A, and Shorelines Ordinance, Chapter 20. Costs for mitigation shall at least equal or exceed the value of the timber harvested within a critical area buffer as determined by the County.
5. Whether the proposed development shall be consistent with the County Comprehensive Plan and all applicable development regulations.
6. Whether the development area will remain in natural vegetation until cleared and be re-seeded with native plant seed after clearing; and dust control measures could mitigate the impacts on adjoining properties and the air during the development of the project. At the time of visual inspection, the inspector shall determine the amount of seed/per acre to be applied taking into account slope, critical areas, visual, and shoreline issues.
7. All roads constructed for residential access shall meet applicable county residential road specifications.
8. Whether the slopes or potential sliding of the property will affect adjoining properties or private or public roads.
D. Appeals. Any administrative determination made by the Director may be appealed to the Skamania County Board of Adjustment pursuant to the procedures and requirements contained in the Skamania County Code Chapter 21.16.
23.05.040 Permits Which May Be Issued
Once a moratorium has been removed or lifted, any development permit or approval may be issued by the County according to the relevant Skamania County Code, ordinances or regulations, provided that such approvals may be incorporated the same conditions established in the moratorium removal.
BE IT FINALLY ORDAINED that this ordinance amendment shall become effective upon adoption by the County Commissioners of Skamania County.
ACKNOWLEDGED ON CONSENT AGENDA IN REGULAR SESSION this 1st day of May, 2006 and set for public hearing on the 22nd day of May 2006 at 2:00 p.m.
BOARD OF COUNTY COMMISSIONERS
Skamania County, WASHINGTON
____________________________________
Chairman
____________________________________
Commissioner
____________________________________
Commissioner
ATTEST:
____________________________________
Clerk of the Board
ORDINANCE NO. 2006-04 IS HEREBY PASSED INTO LAW this ____ day of ______________, 2006.
BOARD OF COUNTY COMMISSIONERS
Skamania County, WASHINGTON
____________________________________
Chairman
____________________________________
Commissioner
____________________________________
Commissioner
ATTEST:
____________________________________
Clerk of the Board
_____________________________________
Approved as to form only
Peter Banks, Prosecutor