Chapter 14.20
PROCESS FOR LIFTING, WAIVING OR RESCINDING FOREST PRACTICES DEVELOPMENT MORATORIA
Sections:
14.20.080 Lifting, waiving, or rescinding development moratoria.
14.20.010 Authority.
This chapter is established pursuant to the Forest Practices Act, Chapter 76.09 RCW. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.010, 6/11/02).
14.20.020 Purpose.
This chapter establishes a process for lifting or rescinding development moratoria placed on properties pursuant to Chapter 76.09 RCW, and also establishes a process for waiving such moratoria for the purpose of building a single-family dwelling. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.020, 6/11/02).
14.20.030 Definitions.
In addition to the following definitions, this resolution shall rely upon existing definitions contained in Chapter 15.70, the Washington State Forest Practices Act (Chapter 76.09 RCW), the Rules for the Washington State Forest Practices Act (Chapter 222-16 WAC), and Chapter 14.98.
“Applicant” means the person, party, firm, corporation, legal entity, or agent thereof that proposes a forest practice on property in Chelan County for the property owner, or makes application for lifting, waiving, or rescinding development moratoria placed on property in Chelan County pursuant to Chapter 76.09 RCW.
Classes of Forest Practices. The four classifications of forest practice activities are described in WAC 222-16-050 and RCW 76.09.050. The “class of forest practice” is determined by considering several factors including but not limited to the type of activity proposed (e.g., harvesting, thinning), its scale, the affected environment, and future use of the site. The description of the classes of forest practice paraphrased below are intended to summarize the classifications and do not supersede the specific definitions described in Chapter 222-16 WAC and Chapter 76.09 RCW:
“Class I” are those forest practices that have been determined to have no direct potential for damaging a public resource. Examples of Class I forest practices include the culture and harvest of Christmas trees and seedlings; tree planting and seeding; and cutting and/or removal of less than five thousand board feet of timber for personal use (e.g., firewood, fence post) in any consecutive twelve-month period. Class I forest practices may be conducted without submitting an application or a notification to Chelan County, except that when Class I forest practices involve timber harvesting or road construction within “urban growth areas” designated pursuant to Chapter 36.70A RCW, they are processed as Class IV forest practices. These forest practices are not subject to environmental review under Chapter 43.21C RCW.
“Class II” are those forest practices which have less than an ordinary potential for damaging a public resource. Examples of Class II forest practices include, with certain exclusions, the construction of advance fire trails; salvage of logging residue; partial cutting of five thousand board feet per acre or less; and timber harvests of less than forty acres. Class II forest practices require notification to the DNR prior to being conducted. Property logged pursuant to a Class II permit must be reforested and is intended to remain in timber production. Class II shall not include forest practices:
(A) On lands platted after January 1, 1960, as provided in Chapter 58.17 RCW or on lands that have or are being converted to another use;
(B) Which require approvals under the provisions of the Hydraulics Act, RCW 77.55.100;
(C) Within “shorelines of the state” as defined in RCW 90.58.030;
(D) Excluded from Class II by the state forestry board; or
(E) Which involve timber harvesting or road construction within “urban growth areas” designated pursuant to Chapter 36.70A RCW, which are processed as Class IV.
“Class III” are those forest practices not listed under Class I, II, and IV. Class III forest practices require permit approval by the DNR. Property logged pursuant to a Class III permit must be reforested and is intended to remain in timber production.
“Class IV” forest practices are divided into two categories as follows:
(A) Class IV-General are those forest practices, unless listed as Class IV-Special, occurring on lands within UGAs; and forest practices (other than those in Class I or II) on lands platted after January 1, 1960, or on lands which are being converted to a use other than commercial timber production. Examples of Class IV-General forest practices include harvest of timber and conversion of land to agricultural, residential or commercial uses. Reforestation is not required under a Class IV-General forest practices permit as the property subject to the permit is being converted to a non-forestry use.
(B) Class IV-Special are those forest practices which have the potential to result in a substantial impact to the environment and require an environmental checklist in compliance with the State Environmental Policy Act (SEPA). Examples of Class IV-Special forest practices include forest practices conducted on lands designated as critical wildlife habitat for threatened or endangered wildlife species; timber harvest, road construction, aerial application of pesticides and site preparation in national, state, or local parks; and forest practices involving the filling or draining of more than 0.5 acres of wetland.
“Comprehensive plan” means the current comprehensive plan for Chelan County.
“Conversion option harvest plan (COHP)” means a voluntary plan approved by Chelan County indicating the limits of harvest areas, road locations, and open space. An approved COHP gives a landowner the ability to harvest timber on a site, while maintaining the option to convert lands to a non-forest production use in the future. A six year moratorium shall not be imposed on a site that meets the conditions of an approved COHP.
“Critical areas” include the following areas and ecosystems as regulated under Title 11 of the Chelan County Code:
(A) Wetlands;
(B) Areas with a critical recharging effect on aquifers used for potable water;
(C) Fish and wildlife habitat conservation areas;
(D) Frequently flooded areas; and
(E) Geologically hazardous areas.
“Diseased tree” means a tree that in the opinion of the director or an assigned expert approved by Chelan County (such as but not limited to, a professional forester or landscape architect), has a strong likelihood of infecting other trees or brush in the area or becoming a hazard as a result of the disease.
“Forest land” means all land which is capable of supporting a merchantable stand of timber and is not actively used for a use which is incompatible with timber growing. Forest land does not include agricultural land that is or was enrolled in the conservation enhancement program by contract if such agricultural land was historically used for agricultural purposes and the landowner intends to use the land for agricultural purposes in the future.
“Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:
(A) Road and trail construction;
(B) Harvesting, final and intermediate;
(C) Precommercial thinning;
(D) Reforestation;
(E) Fertilization;
(F) Prevention and suppression of diseases and insects;
(G) Salvage of trees; and
(H) Brush control.
“Forest practices” shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.
“Forest practices application or notification” means the application or notification required to be submitted to the Washington State Department of Natural Resources for the conduct of forest practices.
“Hazard tree” means any tree which, in the opinion of the director or an expert approved by Chelan County (such as, but not limited to, a professional forester or landscape architect), has a strong likelihood of causing a hazard to life or property.
Moratorium, Development. “Development moratorium” established pursuant to Chapter 76.09 RCW, whereby the county shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to non-forestry uses of land subject to the application.
Moratorium, Notice of. “Notice of moratorium” means the document used by the Department of Natural Resources to obtain the landowner’s signature acknowledging the intent not to convert to non-forestry uses as prescribed in the Washington State Forest Practices Act.
“Professional forester” means a person with academic and field experience in forestry or urban forestry. This may include arborists certified by the International Society of Arboriculture, foresters with a degree in forestry from a Society of American Foresters (SAF) accredited forestry school, member of the Washington Association of Consulting Foresters, or urban foresters with a degree in urban forestry. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.030, 6/11/02).
14.20.040 Applicability.
This chapter applies to all property in Chelan County subject to development moratoria established pursuant to Chapter 76.09 RCW. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.040, 6/11/02).
14.20.050 Fees.
Fees for applications filed pursuant to this chapter are set forth in the current Chelan County department of building/fire safety and planning, planning division fee schedule. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.050, 6/11/02).
14.20.060 Administration.
(1) Approvals Required. An approval pursuant to this chapter must be obtained from Chelan County for the following:
(A) Request for Removal of Development Moratorium. An approved request for removal of development moratorium shall be required prior to the approval of any development permits by Chelan County for land which is subject to a development moratorium established pursuant to Chapter 76.09 RCW, except for the construction of one single-family residence pursuant to Section 14.20.080(4) of this chapter.
(B) Request for Single-Family Dwelling Waiver. An approved request for single-family dwelling waiver pursuant to Section 14.20.080(4) of this chapter, shall be required prior to the construction of a single-family residence or related improvements on land which is subject to a development moratorium established pursuant to Chapter 76.09 RCW.
(C) Request to Rescind Development Moratorium. An approved request to rescind a development moratorium established pursuant to Chapter 76.09 RCW shall be required to annul such moratoria.
(2) Application Requirements.
(A) Pre-application Meetings. The provisions for a pre-application meeting for review of any application filed pursuant to this chapter are set forth in Section 14.08.010. Such review is optional, upon request of the applicant, for applications filed under this section.
(B) Application Filing. An application shall be required for all approvals pursuant to this chapter in accordance with the provisions of Title 14 of the Chelan County Code.
(3) Review.
(A) Application Review. The department shall conduct a review of any application submitted in accordance with the provisions outlined in Chapter 14.08 of the Chelan County Code.
(B) Review Responsibilities.
(i) The director, or designee, is responsible for administration, circulation, and review of an application filed for single-family dwelling waivers.
(ii) The hearing examiner shall be the decision authority for requests to remove a development moratorium and administrative appeals.
(iii) Other county departments, other jurisdictions and state agencies, as determined by the department, may review an application and forward its respective recommendation to the director or examiner as appropriate.
(C) Compliance with Other Codes and Policies. An application filed pursuant to this chapter shall also comply with all applicable adopted policies and the Chelan County Code, as now existing or hereafter amended, including but not limited to:
(i) Chelan County comprehensive plan;
(ii) Shoreline master program for Chelan County;
(iii) Title 11, Zoning;
(iv) Title 12, Subdivisions;
(v) Title 14, Development Permit Procedures and Administration; and
(vi) Title 15, Development Standards. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.060, 6/11/02).
14.20.070 Standards.
(1) General. Forest practices subject to this chapter shall be subject to the standards of WAC Title 222 except as modified or supplemented by Chelan County critical area regulations as found in Title 11, Zoning, of the Chelan County Code.
(2) Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this chapter are set forth in Title 14, Development Permit Procedures and Administration Resolution.
(3) Development Applications. Development applications submitted with or subsequent to a request for lifting or waiving a development moratorium are subject to all applicable Chelan County development standards. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.070, 6/11/02).
14.20.080 Lifting, waiving, or rescinding development moratoria.
This chapter provides standards for the hearing examiner to remove a six-year development moratorium established pursuant to Chapter 76.09 RCW and standards for the director, or designee to waive such moratoria for construction of a single-family dwelling, and standards for the director or designee to rescind such moratoria.
(1) General Requirements. Pursuant to Chapter 76.09 RCW, development applications and project construction for any development activity shall be prohibited on a site subject to an established moratorium, unless relief is granted under subsection (3) or (4) of this section.
(2) Consequences of a Development Moratorium. Pursuant to Chapter 76.09 RCW, development moratoria will be recorded with the Chelan County auditor. All development moratoria recorded by Chelan County shall apply to that portion of the site described on the notice of moratorium under “Legal description of the Forest Practice Operation.”
Pursuant to Chapter 76.09 RCW, Chelan County shall not accept any application for development of property and shall terminate review of any application for development of land that is or becomes subject to a six-year development moratorium. A new application shall be required for development of the site after the six-year moratorium expires, or is lifted, waived or rescinded pursuant to this chapter.
(3) Request for Lifting of Development Moratorium. Any property owner with property subject to a development moratorium established pursuant to Chapter 76.09 RCW may request a release from such moratoria by filing a completed “Release From Moratorium Application.” The hearing examiner may lift any development moratorium established pursuant to this chapter when the following requirements are met.
(A) Public Hearing Required.
(i) The planning director, or designee, shall set a date for public hearing before the hearing examiner for lifting a development moratorium after all the requests for additional information or plan corrections have been satisfied.
(ii) The public hearing shall follow the procedures set forth in Title 14 of the Chelan County Code, Chapter 14.10, Application Review.
(B) Review Criteria. The hearing examiner shall consider the lifting of a development moratorium established pursuant to Chapter 76.09 RCW when the following criteria are met:
(i) The person requesting the release did not attempt to avoid the county review or the requirements of a forest practice conversion application; and
(ii) The forest practices conducted on the site meet the standards set forth in Section 14.20.070; and
(iii) Critical areas or critical area buffers have not been damaged or damage to critical areas or critical area buffers can be repaired with restoration; and
(iv) Corrective actions are implemented which would bring the forest practices into compliance with this chapter.
(C) Determinations.
(i) The hearing examiner shall review all requests for removal of a development moratorium, including any comments received and applicable county regulations or policies, and may inspect the property prior to rendering a decision.
(ii) The hearing examiner may approve an application for a request to remove a development moratorium, approve the application with conditions, including corrective actions to restore any damage to critical areas or critical area buffers, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this chapter.
(4) Request for Single-Family Dwelling Moratoria Waiver. Any property owner with property subject to a development moratorium established pursuant to Chapter 76.09 RCW may request a waiver of such moratoria for the construction of a single-family dwelling by filing a completed “Release From Moratorium Application.”
(A) Review. Requests for a single-family dwelling moratorium waiver will be reviewed consistent with the procedures set forth in Title 14 of the Chelan County Code, Section 14.10.020.
(B) Review Criteria. The director, or designee, may waive the moratorium established pursuant to Chapter 76.09 RCW solely for construction of one single-family residence or related accessory buildings or both on a legal lot and building site under the following conditions:
(i) The parcel is a legal lot of record; and
(ii) The area for which a waiver of the moratorium is being sought shall not exceed two acres in size; and
(iii) The construction activity is consistent with the provisions of all applicable Chelan County codes including but not limited to Title 11, Zoning, and the shoreline master program; and
(iv) The harvest was conducted under, and consistent with, an approved forest practices permit in compliance with the State Forest Practices Act; and
(v) A binding written commitment is submitted to, and approved by the county, and recorded with the county auditor, so as to run with the land, which:
(a) Contains a site plan depicting the building site area, any critical areas within the building site area, and access roads; and
(b) Commits the applicant to complete the reforestation in accordance with applicable forest practice reforestation requirements for areas other than the building site area; and
(vi) The development moratorium shall remain in effect for all other non-forestry uses of the site that are subject to county approval.
(C) Determinations. The director, or designee, may approve, approve with conditions, or deny the request for single-family dwelling moratoria waiver.
(5) Request for Rescission of Development Moratorium. Any property owner with property subject to a development moratorium established pursuant to Chapter 76.09 RCW may request a rescission of such moratoria by filing a completed “Release from Moratorium Application.”
(A) Review. Requests for rescinding a development moratorium established pursuant to Chapter 76.09 RCW will be reviewed consistent with the procedures set forth in Title 14 of the Chelan County Code, Section 14.10.020.
(B) Review Criteria. The director, or designee, may rescind a development moratorium established pursuant to Chapter 76.09 RCW, subject to the following conditions:
(i) An approved forest practices permit has been either withdrawn or expired; and
(ii) No subsequent timber harvest has taken place.
(iii) Determinations. The director, or designee, shall either approve or deny the request to rescind a development moratorium established pursuant to Chapter 76.09 RCW. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.080, 6/11/02).
14.20.090 Appeals.
Appeals of decisions made pursuant to this chapter are available pursuant to Chapter 14.12 of the Chelan County Code. (Res. 2012-78 (part), 8/14/12: Res. 2002-85 § 100.090, 6/11/02).