Chapter FOREST PRACTICES

Transcription

1 Chapter FOREST PRACTICES Deleted: WAIVER OF SIX-YEAR DEVELOPMENT MORATORIUM Sections: Title Authority Purpose Definitions Class IV-General Forest Practices Moratorium Rescission of moratorium Request for Waiver of Moratorium Appeals to Hearing Examiner Authority to waive moratorium Request to Lift Moratorium Reconsideration and Appeal Administration Enforcement authority Restoration Orders Violations - Penalties Deleted: Applicability. Deleted: Recording of development Deleted: m Deleted: Application process and standards. Deleted: Restoration orders. Deleted: Appeals to Hearing Examiner Authority to waive moratorium. Deleted: Cease and desist orders. Deleted: Civil infractions Conflict with other regulations Effective date Title. The ordinance codified in this chapter shall be known and may be cited as Forest Practices Authority. Deleted: the Deleted: Waiver of Six-Year Development Moratorium The 1997 Legislature adopted changes to the Washington State Forest Practices Act in Substitute Bill These changes became effective on July 27, The bill allows local governments to regulate conversions of forest land to nonforestry use. Local governments were required to adopt ordinances that equal or exceed the Deleted: are state forest practice s resource protection rules and regulations by December 31, Chapter RCW provides the authority and the requirements for local government involvement in state forest practice activities. This chapter establishes the criteria for establishment, and full or partial removal of development moratoria. All applications under this chapter shall be made to the Cowlitz County Building and Planning Department. The

2 Director or his/her designee shall administer, interpret, and enforce the provisions of this chapter and shall provide such forms and establish such procedures as may be necessary to administer this chapter Purpose. This chapter is establishes the minimum standards and requirements associated with local government review and jurisdiction over applicable forest practices and establishes local procedures for forest practice related development moratoria in accordance with the Washington State Forest Practices Act (RCW 76.09) Definitions. Deleted: A moratorium is put on the property at the time the applicant fills out a forest practice application through the Department of Natural Resources. [Ord , 2, ] Deleted: intended to carry out the Legislature s mandate to develop a process to waive moratoriums under the provisions of the Washington State Forest Practices Act codified as RCW (3)(b), (d) and (e), and the Cowlitz County Comprehensive Plan through the proper regulation for forest lands and other nonforestry uses Except as provided otherwise in this section, this chapter will use existing definitions which are already in common use regarding the subject of forest practices. This shall include all the definitions contained in the Washington State Forest Practices Act (RCW ), Rules for the Washington State Forest Practices Act (Chapter WAC), and Cowlitz County Codes. Deleted: the Aggrieved person means one who is directly affected by the approval, denial or conditioning of a development permit, and has financial interest in the property upon which the development permit is requested. Conversion of forest lands or forest land conversion includes any Class IV General Forest Practice as defined by RCW Also included are Class I Forest Practices consisting of timber harvesting or road construction, and which are not directly associated with and supportive of commercial forest product production. In general terms, forest land conversion refers to the cutting and removal of trees for the purpose of converting forest land to nonforestry use. Developed property means property which is used for purposes other than commercial forest production. Developed property includes land which has been graded, landscaped or built upon. Any portion of property which has been altered as described herein shall be considered to be developed property for purposes of this chapter. Development proposal means any activity relating to the use and/or development of land requiring a permit or approval from the Cowlitz County Department of Building and Planning. Deleted: Conversion Option Harvest Plan (COHP) means a plan developed by or on behalf of the landowner and approved by Cowlitz County indicating the limits and types of harvest areas, road locations, and open space. This approved plan, when submitted to the Department of Natural Resources as part of forest practice application and followed by the landowner, maintains the landowner s option to convert the land to a use other than commercial forest production (releases the landowner from the six-year moratorium on future development) under Chapter WAC. Director means the Cowlitz County Director of Building and Planning, or an authorized designee. Forest land means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing.

3 Hearing Examiner means the Cowlitz County Hearing Examiner, appointed by the Cowlitz County Board of County Commissioners pursuant to CCC Deleted: Moratorium means no other uses permitted on a parcel except any Class II, Class III and Class IV Special Forest Practices as defined by RCW In general terms, the moratorium permits only the cutting and removal of trees after which the property is retained in commercial forest production for six years. The moratorium is not applicable to Class I or Class IV-General Forest Practices. Notice of Continuing Forest Land Obligation means form DNR QQ-42, or as hereafter amended, available from the Department of Natural Resources Undeveloped property means property which does not meet the definition of developed property Class IV-General Forest Practices A. State and Local Approval. Pursuant to RCW 76.09, Cowlitz County is designated as lead agency for Deleted: A qualified professional forester means an individual with academic and field experience in forestry or urban forestry. This may include an arborist certified by the International Society of Arboriculture, a forester with a degree in forestry. compliance with the State Environmental Policy Act for the purpose of Class IV-General Forest Practices. Accordingly, a SEPA Threshold Determination is required to be obtained from Cowlitz County prior to obtaining a Class IV-General Forest Practice Permit from the Department of Natural Resources. Acquiring County permits does not alleviate the applicant from required permitting from other Local and State Agencies. B. Application filing. 1. Applications for a SEPA Threshold Determination shall be reviewed pursuant to the standards of this Chapter and CCC Environmental Policy. 2. Application materials shall include those required by CCC as well as CCC C. General Requirements. 1. An application for SEPA Threshold Determination shall be submitted prior to conducting forest practices onsite. 2. Class IV-General forest practices shall comply with all applicable provisions of Cowlitz County Code. 3. All applications relevant to the proposed Forest Practice activity shall be submitted prior to issuance of the SEPA Threshold Determination.

4 4. Class IV-General forest practices shall comply with any conditions of approval established through the associated development permit or approval Moratorium. A. Applicability. The applicability of 6-year development moratoria pursuant to RCW shall be as follows: 1. Class I forest practices shall not be subject to a 6-year development moratorium when conducted in accordance with RCW and its rules. Deleted: Applicability. <#>This chapter applies to any forest land application that does not have an approved Conversion Option Harvest Plan (COHP) through Washington State Department of Natural Resources. [Ord , 5, ] Formatted: Font: (Default) Arial, 9.5 pt, Font color: Black Deleted: Recording of development moratorium 2. Class IV-General forest practices approved by Cowlitz County shall not be subject to a 6- year development moratorium when conducted in accordance with Title 17 CCC and all associated conditions of approval imposed on associated permits. 3. Class II, III or IV-Special forest practices shall result in the imposition of a 6-year development moratorium. 4. Any forest practice conditioned in violation of RCW or its rules, and/or Title 17 CCC including failure to comply with the conditions of an approved forest practices or related development permit or failure to obtain required forest practices permits or approvals, shall result in the imposition of a 6-year development moratorium. B. Consequences of a Development Moratorium 1. Except as provided in CCC D, CCC and CCC , Cowlitz County shall not accept applications for any development of land that is subject to a 6-year development moratorium. 2. In those cases where a development moratorium is imposed on a parcel that is subject to pending development applications, Cowlitz County shall immediately cease to review the applications. The County shall provide notice of moratorium to the applicant prior to denial of applications, and shall allow the applicant 30 days from the date of the notice to resolve whether or not to proceed with the timber harvest triggering the development moratorium. 3. All development moratoria imposed by Cowlitz County shall extend to the harvest area, including any associated roadway construction, indicated in the forest practices permit. If no

5 forest practices permit was issued, or a condition of approval of a Class IV-General permit is violated, the moratorium shall apply to the entire parcel. C. Effective Date of Moratorium. 1. The 6-year development moratorium shall be imposed from the effective date of the applicable Class II, Class III, or Class IV-Special forest practice permit. 2. If forest practices occur on a site without the appropriate permit, a 6-year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Cowlitz County or DNR. 3. Where the site is subject to an approved forest practices permit; forest practices occurring at the site which are outside the scope of the approved permit shall be considered unpermitted forest practices for moratorium purposes. In these cases, a 6-year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Cowlitz County or DNR. D. Allowable Activities. The following activities shall be allowed on any parcel that is subject to a development moratorium: 1. Boundary Line Adjustment between legal lots of record established prior to the Effective Date of Moratorium, provided the proposed boundary line adjustment meets the minimum lot size requirements established by the Cowlitz County Land Use Ordinance CCC or as hereafter amended. A Notice of Continuing Forest Land Obligation shall be recorded with the County Auditor s Office at the time of Boundary Line Adjustment. 2. Repair or remodeling within the existing footprint of existing structures. 3. Reconstruction of a structure damaged or destroyed due to natural or accidental cause, when otherwise compliant with the Cowlitz County Land Use Ordinance CCC Critical Area and/or Shoreline Permits may be submitted, reviewed and approved to address any environmental mitigation work necessary to address violations on the parcel Rescission of Moratorium. Deleted: The Director shall ensure that the applicant has recorded a six-year development moratorium with the Cowlitz County Auditor for all nonconversions where the Washington State Department of Natural Resources has approved a Class II, III or IV Special Forest Practices application and for all harvesting on a legally described parcel that takes place without a required forest practices application. [Ord , 6, ] Deleted: moratorium

6 Upon written request of the property owner, the moratorium may be rescinded by the Director if an approved forest practices application has been either withdrawn or expired, and no harvest in reliance upon such approval has taken place under Chapter RCW. Documentation to support such request shall be provided by the property owner from the Department of Natural Resources Request for Waiver of Moratorium A. Authority. The Director may waive the six-year development moratorium for the purpose of allowing an applicant to construct a single-family residence or outbuildings, or both, on a legal lot and building site, subject Deleted: Application process and standards. Deleted: imposed pursuant to Chapter RCW to the conditions imposed by the Director and the applicant s compliance with all local regulations and ordinances. In developing the conditions, the Director shall consider comments of other agencies with expertise. B. General Requirements. 1. The applicant may request a Waiver of Moratorium by submitting the application materials identified in CCC The Director may request additional information as necessary to complete review. 2. The area that is permitted to be developed pursuant to the Waiver of Moratorium shall not exceed one acre in size; 3. The development moratorium shall remain in effect for all other non-forestry uses of the site. 4. A single Waiver of Moratorium may be issued for a parcel during a 6-year development moratorium. C. Review Criteria. One single family dwelling, associated permitted accessory structures, septic system, well, lawn, landscaped area, and access roadway may be constructed on land subject to a moratorium provided that: 1. The harvest and reforestation of the property shall have been conducted under an approved forest practices application in compliance with the State Forest Practices Act. 2. Compliance with the State Environmental Policy Act has been achieved. 3. Compliance with the Cowlitz County Shoreline Master Program has been achieved, if applicable. Deleted: The procedure for an administrative waiver of the six-year moratorium for a single-family residence or outbuildings is as follows: Deleted: A. Only the owners and/or authorized representatives shall complete, sign, and submit an application packet, as required by the Department, to the Department of Building and Planning. The application packet shall include: 1. An application form provided by the county for such purposes; 2. An assessor s map with property boundaries delineated; 3. A completed State Environmental Policy Act (SEPA) checklist if required; 4. A site map identifying and delineating: a. Any critical area buffers, b. Existing site vegetation proposed to be removed and retained, c. Areas targeted for future timber harvests; 5. A vicinity map; and 6. A written description of the proposed development and a copy of the deed; 7. Payment of a nonrefundable fee, established by resolution by the Board of County Commissioners for processing the application. B Deleted:, Deleted: C. The decision to waive the six-year moratorium may be appealed by any aggrieved person as defined by CCC Any interpretation or decision made by the Director in the administration of this chapter is final and conclusive unless appealed to the Cowlitz County Hearing Examiner in accordance with CCC Deleted: D Deleted: All forest conversions shall comply with the

7 4. The landowner mitigates any damage to critical areas resulting from the forest practices in accordance with the requirements set forth in the Cowlitz County Critical Areas Ordinance Chapter CCC. The mitigation requirement shall apply to the entire parcel, including those areas outside of the maximum one acre exception area set forth in the request. 5. The location of the development area shall take into consideration long term forest management goals. D. The Director may authorize, conditionally authorize, or deny an application to waive the six-year moratorium upon review of the application and subject to the provisions of this chapter. The waiver shall include any applicable conditions of approval. Findings shall include: 1. The Waiver of Moratorium will not be detrimental to the public health, safety and general welfare. 2. The Waiver of Moratorium will not result in significant adverse environmental impacts. 3. The granting of Waiver of Moratorium is consistent with the review criteria established in C. 4. The Waiver of Moratorium is consistent and compatible with the goals and policies of the Comprehensive Plan, Land Use Ordinance, and provisions of this Title. E. Failure to comply with any conditions of approval will result in rescission of the waiver and reinstatement of the moratorium for a total of six years from the time of the original forest practice application. F. The decision to waive the six-year moratorium may be appealed by any aggrieved person. Any interpretation or decision made by the Director in the administration of this chapter is final and conclusive unless appealed to the Cowlitz County Hearing Examiner in accordance with CCC Appeals to Hearing Examiner Authority to waive moratorium. Deleted: E Deleted: The area intended for development is one acre or less. If an onsite critical area has been disturbed, there shall be sufficient room to establish a buffer that is twice the required buffer width as provided in CCC Deleted: F. It must be clear that the person seeking the waiver complied with the county s critical areas regulations or that the application can be conditioned to ensure compliance with the county s critical areas regulations. G. Critical areas and their buffers as set forth in Chapter CCC were not damaged in the forest practice operation, or any such damage is repairable with restoration. H Moved down [1]: Restoration orders. The Director may serve a restoration order for complete or partial restoration of the site by the person responsible for any violation of this chapter. A. The restoration order shall include all of the following: 1. A description of the specific nature, extent, approximate time of the violation if known, and any damage or potential damage resulting from the violation; 2. A notice that the violation, cease and desist order, or, in appropriate cases, the specific corrective action is to be taken within a specified time; 3. A list of specific corrective measures to be taken to mitigate environmental damage or restore the site and a specific date by which such measures shall be accomplished. B. The restoration order issued under this chapter shall become effective immediately upon service upon the person to whom the order is directed. [Ord , 9, ] Deleted: The Director may serve a restoration complete or partial restoration of the site by the person responsible for any violation of this chapter. A. The restoration order shall include all of the following: 1. A description of the specific nature, extent, approximate time of the violation if known, and any damage or potential damage resulting from the violation; 2. A notice that the violation, cease and desist order, or, in appropriate cases, the specific corrective action is to be taken within a specified time; 3. A list of specific corrective measures to be taken to mitigate environmental damage or restore the site and a specific date by which such measures shall be accomplished. B. The restoration order issued under this chapter shall become effective immediately upon service upon the person to whom the order is directed. [Ord , 9, ] Deleted: 100

8 An appeal of a decision of the Director in the administration of this chapter shall be made to the Cowlitz County Hearing Examiner. Each appeal must be filed in writing with the Department within 20 working days from the date on which the decision was issued, with the first day being the day after the decision is issued. A. The written appeal shall include a detailed explanation stating the reasons for the appeal. B. Upon filing of an appeal with appropriate fee, the Director shall set a public hearing before the Hearing Examiner, with findings and documentation relating to the application or other administrative actions. The Director may prepare a separate staff report and recommendation for presentation to the Hearing Examiner. C. Such appeal shall be heard at a public hearing. The Director shall cause notices, containing information about the appeal, the location of the property, and the date, time, and place of the Deleted:. The decision of the Hearing Examiner shall be final unless appealed to Superior Court in accordance with the rules of the Court. Deleted: B. Standing to appeal is limited to: 1. The applicant or owner of the property on which the moratorium is residing; and 2. Any property owner who deems him/herself aggrieved and will thereby suffer a direct and substantial impact from waiving the moratorium. Deleted: C Deleted: Deleted: D public hearing, to be published in a newspaper of general circulation, and the subject property shall be posted at least 10 days prior to the hearing. D. Following the public hearing, the Hearing Examiner shall determine if the decision should be upheld or reversed, based on a record of findings to support that decision. All findings shall be available to the public upon request no more than 10 days after the hearing. The decision of the Hearing Examiner on an appeal, once received by the Department, shall be mailed to the applicant within five working days. Such decision is final unless appealed to Superior Court in Deleted: E Deleted: appeal Deleted: denied Deleted:, and such accordance with the rules of the Court Request to Lift Moratorium. The Hearing Examiner may consider requests to lift development moratorium established for an entire parcel pursuant to CCC under certain circumstances. A. General Requirements. 1. The applicant may request a Lift of Moratorium by submitting the application materials identified in CCC The Director may request additional information as necessary to complete review. 2. No final approvals including, but not limited to, final inspection on any and all building permit applications, final short subdivision approval, final subdivision approval, and/or final site plan

9 approval may be granted for activities located on parcel(s) which are subject to a six-year development moratorium unless, and until, a request to lift the six-year development moratorium has been granted by the Hearing Examiner and all other required permits, including but not limited to grading, stormwater and forest practices, have been approved. B. Public Hearing Required. The Department shall set a date before the Hearing Examiner following receipt of all required information set forth in CCC The public hearing shall be conducted in accordance with the procedures set forth in CCC 2.05 and CCC C. Review Criteria. The Examiner shall consider the lifting of development moratorium established pursuant to this Chapter when the following criteria are met: 1. All forest conversions shall comply with the State Environmental Policy Act. 2. It must be clear that the person seeking to lift the development moratorium complied with all applicable County regulations or that the application can be conditioned to ensure compliance with County regulations. 3. If critical areas or critical area buffers have been damaged, the critical areas and buffers shall be restored as required by the Cowlitz County Critical Areas Ordinance CCC Additionally, the Examiner may impose increased critical area buffer standards together with additional requirements to mitigate the damage beyond that specified in CCC when it is determined that such additional action is necessary to adequately address the damage caused by the forest practice activity. 4. The lifting of the development moratorium is consistent with the goals and policies of the Cowlitz County Comprehensive Plan, Cowlitz County Shoreline Master Program (if applicable), Land Use Ordinance, and all other applicable provisions of Cowlitz County Code. 5. All corrective actions needed to bring the site into compliance with County requirements must be completed prior to final development permit approval. 6. Lifting the moratorium is valid only for the specific land use proposed

10 7. Lifting the moratorium does not guarantee issuance of other necessary development permits required by Cowlitz County for the land use proposed. D. The Hearing Examiner may authorize, conditionally authorize, or deny an application to waive the six-year moratorium upon review of the application and subject to the provisions of this chapter. The lift shall include any applicable conditions of approval. Findings shall include: 1. The Lift of Moratorium will not be detrimental to the public health, safety and general welfare. 2. The Lift of Moratorium will not result in significant adverse environmental impacts. 3. The Lift of Moratorium is consistent with the review criteria established in C. 4. The Lift of Moratorium is consistent and compatible with the goals and policies of the Comprehensive Plan, Land Use Ordinance, and provisions of this Title. E. Failure to comply with any conditions of approval will result in rescission of the lift and reinstatement of the moratorium for a total of six years from the time of the original forest practice application Reconsideration and Appeal Authority to Lift Moratorium. A. Any aggrieved person or agency who disagrees with the decision of the Hearing Examiner may make a written request for reconsideration pursuant to the provisions of CCC Administration A. Application materials for a Threshold Determination for a Class IV-General Forest Practice, a Request for Waiver of Moratorium or a Request for Lift of Moratorium submitted pursuant to this chapter shall include the following information: 1. Master application and parcel description, including parcel number. 2. Vicinity map.

11 3. Site Plan. All site plans submitted shall be to a scale no smaller than one inch to 200 hundred feet. The site plan shall include a north arrow and scale, as well as the following information: i. Harvest boundaries and tree retention areas; ii. The approximate location of any existing structures; iii. The location of all existing and proposed streets, rights-of-way, easements, skid roads, haul roads, and landings that will serve the proposal; iv. The location of future development, such as building site(s), septic drainfield area(s), well, grading, and landscaping; v. Site topography at a contour interval of 20 feet; vi. Critical areas and critical area buffers regulated pursuant to CCC 19.15; vii. Drainage ways and culverts. 4. Narrative. The applicant shall provide a comprehensive written description of objectives of the timber harvest, relationship of the harvest to future development of the site, measures taken to preserve and protect critical areas, harvest method, and expected timeframe for harvest. Proposed future development activities shall be described in detail, including location, design and how applicable development standards will be met. 5. Completed State Environmental Policy Act Environmental Checklist 6. Proposed or Issued Forest Practice Application materials on forms provided by the Department of Natural Resources. 7. Any additional applicable information the Director deems necessary to adequately review the proposal.

12 Enforcement authority. A. The Director shall have authority to enforce this chapter, any rule or regulation adopted, and any permit, order, or approval issued pursuant to this chapter, against any violation. If any person engages in any land use violation, the Director may seek a cease and desist order. B. Enforcement actions may include civil infractions, cease and desist orders, restoration orders, and judicial enforcement actions. Recourse to any single remedy shall not preclude recourse to any other remedy. C. Each violation of this chapter, or any rule or regulation adopted pursuant thereto, or any permit, permit condition, approval, or order issued pursuant to this chapter, shall be a separate offense. Each day s continuance of a violation shall be deemed to be a separate and distinct offense. Each tree cut in violation of this chapter shall constitute a separate offense. D. All costs, fees, and expenses in connection with all enforcement action may be recovered from the violator Restoration orders. The Director may serve a restoration order for complete or partial restoration of the site by the person responsible for any violation of this chapter. A. The restoration order shall include all of the following: 1. A description of the specific nature, extent, approximate time of the violation if known, and any damage or potential damage resulting from the violation; 2. A notice that the violation, cease and desist order, or, in appropriate cases, the specific corrective action is to be taken within a specified time; 3. A list of specific corrective measures to be taken to mitigate environmental damage or Deleted: Cease and desist orders. The Director may serve a cease and desist order when any person engages in any use of land, development or any activity in violation of this chapter. A. The cease and desist order shall include the following: 1. A description of the specific nature, extent, approximate time of the violation if known, and any damage or potential damage resulting from the violation; 2. A notice that the violation or the potential cease and desist or, in appropriate cases, the specific correctable action to be taken within a given time. B. The cease and desist order issued under this chapter shall become effective immediately upon service on the person to whom the order is directed or upon posting of the order in a conspicuous manner on the property. Moved (insertion) [1] Deleted: 090 restore the site and a specific date by which such measures shall be accomplished. B. The restoration order issued under this chapter shall become effective immediately upon service upon the person to whom the order is directed Violations - Penalties Deleted: Civil infractions.

13 It is a civil infraction for any person to violate this chapter or assist in the violation of this chapter. Violations are subject to the provisions of Chapter 2.06 CCC. Any violation is a public nuisance. Each day a violation exists is a separate violation. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. Violations of this chapter are also subject to penalties under CCC Deleted: In addition to any other remedy provided herein, the Director may issue a civil infraction. Any violation of this chapter shall constitute a Class II civil infraction. Except where trees are removed without a required permit, such civil infraction shall be given only after the owner of the subject property has been given prior notice with an opportunity to cure the violation Conflict with other regulations. Where other Cowlitz County ordinances, resolutions, or regulations are in conflict with this chapter the more restrictive regulation shall apply and such application shall extend to those specific provisions which are more restrictive Effective date. The ordinance codified in this chapter shall become effective immediately upon its adoption.