Chapter 23.04
MORATORIUM WAIVER (Single Family Residences)
Sections:
23.04.040 Permits which may be issued.
23.04.010 Moratorium waiver.
The county may waive the moratorium for some types of development permits and approvals, as provided in this chapter. The moratorium may only be waived for the purposes of constructing a single-family residence or outbuildings, or both, on a legal lot and building site. If the landowner has any outstanding forest practice violations an 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 waiver. (Ord. 2001-03 (part))
23.04.020 Authority.
The director shall have the authority to approve, approve with conditions, or deny a request for a waiver of the moratorium, pursuant to the procedures and requirements of this chapter. (Ord. 2001-03 (part))
23.04.030 Process.
A. The request will be made to the department on the application form provided by that department and accompanied by a completed SEPA environmental checklist, 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 roads, driveways and trails;
h. Location of existing and proposed services, including water, sewage, power and telephone;
i. 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 fourteen calendar 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 the close of the comment period, issue his or her decision.
7. The applicant, or any person who has submitted comments, may then appeal the director’s decision to the hearing examiner, if they have filed a written notice of appeal with the department within fourteen calendar 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 fourteen calendar day deadline.
C. Standards for Waiving the Moratorium.
1. The development area shall be no larger than two acres in size.
2. The harvest and reforestation of the remainder of the property shall be completed as specified in the approved forest practices application/notice and all other forest practices application/notice requirements shall be met.
3. There shall be no damage to a critical area or its associated vegetation area or to the shoreline area or that any damage to those areas is repairable with restoration.
4. Mitigation shall be required for impacts to critical areas and shorelines. This may require a separate application and review under the county’s Critical Areas Ordinance, Title 19, and Shorelines Ordinance, Title 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. The proposed development shall be consistent with the county comprehensive plan and all applicable development regulations.
6. The director or his/her designee shall visually inspect the development area.
7. The development area shall remain in natural vegetation until cleared and be re-seeded with native plant seed after clearing; and dust control measures will be taken after clearing, during development, and up to completion of the project. At the time of the visual inspection required in standard six, the inspector shall determine the amount of seed/per acre to be applied taking into account slope, critical areas, visual, and shoreline issues.
8. All roads constructed for residential access shall meet applicable county residential road specifications.
C. Appeals. Any administrative determination made by the director may be appealed to the Skamania County hearing examiner pursuant to the procedures and requirements contained in the Skamania County Code Chapter 21.16 (Ord. 2007-02 (part): Ord. 2001-03 (part))
23.04.040 Permits which may be issued.
A. Permits which may be allowed under the moratorium waiver:
1. Building permits for the single-family residence and for residential outbuildings;
2. Single-family on-site septic system permit;
3. Road access permits;
4. Well or potable water permits;
5. Other approvals necessary to the development of a single-family residence and outbuildings.
B. Any permits issued under the waiver shall be conditioned, as necessary, to limit the approval to only that development consistent with the intent of this section and necessary for the establishment of a single-family dwelling or outbuildings, or both. (Ord. 2001-03 (part))