Chapter 15.18
LAND CLEARING
Sections:
15.18.060 Submittal requirements.
15.18.070 Performance standards.
15.18.100 Removal of development moratorium.
15.18.110 Single-family dwelling exception on lots subject to development moratorium.
15.18.010 Purpose.
This chapter is adopted for the following purposes:
A. To promote the public health, safety and general welfare of the citizens of Mount Vernon;
B. To preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees on undeveloped property;
C. To retain clusters of trees for the abatement of noise and for wind protection;
D. To promote building and site planning practices that are consistent with the city’s natural topographic and forest features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require removal of trees;
E. To ensure prompt development, restoration and replanting, and effective erosion control of property after land clearing through the use of phased development, performance bonds, and other reasonable controls;
F. To implement the goals and objectives of the Washington State Environmental Policy Act (SEPA);
G. Implement the policies of the State Forest Practices Act pursuant to Chapter 76.09 RCW and Chapter 222-20 WAC;
H. To protect and enhance critical areas and their buffers;
I. To implement and further the city’s comprehensive plan; and
J. To allow the reasonable development of land in the city of Mount Vernon. (Ord. 3599 § 5, 2013).
15.18.020 Definitions.
Words and phrases used in this chapter have the meaning set forth in this section. The definitions found within MVMC 14.05.220 are hereby adopted by reference in their entirety as they are currently written or as they may be amended in the future. The definitions in RCW 76.09.020 of the State Forest Practices Act are hereby adopted by reference as now or hereafter amended for purposes of administration of forest practices within the city of Mount Vernon and shall apply in lieu of any conflicting definitions in this chapter.
A. “Blazing” means minor nonvehicular cutting or removal of vegetation, including trees, shrubs or ground cover, sufficient for line-of-site surveying and foot access trails to the extent that the site is not otherwise significantly disturbed.
B. “Certified arborist” shall be an individual certified by the International Society of Arboriculture with knowledge and experience in assessing and documenting trees and landscape vegetation for the purpose of condition and/or landscape appraisal.
C. “Clearing” or “land clearing” means the destruction or removal of trees by manual, mechanical, or chemical methods. This definition shall include grubbing.
D. “Conversion” means a forest practice involving the removal of trees to convert forest land to permanent nonforestry urban uses that results in residential, commercial, or industrial activities.
E. “Critical root zone (CRZ)” of most trees in general is equal to 12 inches radius for every one inch diameter of trunk. For example, a 10-inch trunk diameter tree has a CRZ of 10-foot radius or 20-foot diameter.
F. “Developed land” means (1) any individual lot or parcel, which may not be further subdivided, that is presently occupied by one or more buildings in usable condition; (2) any street or utility right-of-way that has been constructed to at least minimum city standards; and (3) park lands that are currently managed and maintained for public use which include landscaped areas, trails or recreational facilities.
G. “Development/land development” means any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivisions and short subdivisions; binding site plans; planned residential developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; activity conditionally allowed; and building or construction.
H. “Development moratorium” means the denial by the city of Mount Vernon of all applications for permits or approvals for a period of six years as established in Chapter 76.09 RCW, including but not limited to building permits, right-of-way permits, subdivisions, conditional use permits, rezones, and variances on the subject property. Note the RCW uses the term “notice of conversion to nonforestry use.”
I. “Department” means the community and economic development department.
J. “Director” means the director of community and economic development department.
K. “Erosion controls” means any combination of methods, materials or devices used on a project site to prevent unwanted movement of dirt, mud, and sediment down slope, off site, into drainage courses or in undesirable directions.
L. “Forest practices” means activities conducted on or directly pertaining to forest lands, regulated in Chapter 222-16 WAC or Chapter 76.09 RCW, relating to growing, harvesting, or processing timber. This includes but is not limited to: road and trail construction; harvesting, final and intermediate; pre-commercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control.
“Forest practice” 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.
M. “Grubbing” means the act of removing trees by the roots.
N. “Land development permit” means any land use or environmental permit or license including but not limited to preliminary or final plat for a single-family residential project, a building permit, site plan, preliminary or final planned residential development plan, variance, or conditional use permit.
O. “Landscape appraisal” is the appraisal of trees using the methods outlined in the most recent Guide of Tree Landscape Appraisers for the purpose of establishing monetary value and/or compensation for the loss of same.
P. “Master plan” means a site plan and all other documents required to be prepared and approved in order to develop land located in “P” public district set forth in Chapter 17.30 MVMC.
Q. “Proposed or anticipated development” means any of the activities included under “development/land development.” In addition, it includes clearing activities on lots created through development processes submitted after the effective date of this chapter for a period of time consistent with the provisions of RCW 58.17.170.
R. “SEPA” means State Environmental Policy Act.
S. “Subdivision” means standard subdivisions as defined under MVMC 16.04.290, short subdivisions as defined under MVMC 16.04.280, and binding site plans as set forth under Chapter 16.40 MVMC.
T. “Tree(s)” means a woody plant having one erect perennial stem (trunk) at least three inches in diameter at a point four and one-half feet above the ground, a definitely formed crown of foliage, and a mature height of at least 13 feet.
U. “Undeveloped land” means: (1) any lot or parcel not presently occupied by one or more buildings over 120 square feet in usable condition; (2) any lot or parcel which may be further subdivided; (3) any street or utility right-of-way which is not currently opened and constructed to minimum city standards. (Ord. 3599 § 6, 2013).
15.18.030 Applicability.
A. No person, corporation, or other legal entity shall engage in or cause land clearing in the city without having obtained a land clearing permit from the planning director or designee unless exempt from such permits as set forth in this chapter.
B. Applies to all property within Mount Vernon with exceptions as listed in MVMC 15.18.050.
C. In the event of a conflict between this chapter and any other ordinance, resolution or development regulation adopted by the city codified or not codified that sets forth policy or criteria for land clearing or forest practices, this chapter shall control. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed.
D. Additional permits may be required if the activities are regulated by other chapters such as, but not limited to, Chapter 13.33 MVMC, Storm Water Drainage Utility; Chapter 15.16 MVMC, Grading, Excavation and Fill; and Chapter 15.40 MVMC, Critical Areas.
E. Forest practices are regulated by this chapter in order to satisfy the city’s responsibility to regulate forest practices as mandated by RCW 76.09.240. (Ord. 3599 § 7, 2013).
15.18.040 Administration.
The director or designee is authorized to enforce all provisions of this chapter, except as otherwise noted. The following requirements shall apply to all nonexempt land clearing:
A. On undeveloped land where development is proposed or anticipated as defined herein, no land clearing shall be permitted until:
1. All required land use or building permits are approved.
2. A site or clearing plan has been approved.
3. SEPA review of the project is complete, including the issuance of the final environmental impact statement if required.
4. Compliance with all other submittal requirements as contained in MVMC 14.05.210.
B. Except as allowed in subsection A of this section, on undeveloped land, no land clearing shall be permitted without an approved management plan for the nonstructural activities listed in subsection C of this section.
C. Approved management plans for forestry or landscape uses shall include a site plan, a description of proposed uses, drainage and erosion control measures, fencing where necessary and methods of property management which shall prevent damage to adjacent land and natural resources as required. The maximum area that can be cleared is one and one-half times the minimum lot size for the zone where the property is located. Management plans shall be an administrative approval by the director or designee.
D. On developed land, no land clearing shall be permitted without an approved management plan for the nonstructural activities listed in subsection F of this section.
E. On lots created through development processes submitted prior to the effective date of this chapter, no land clearing shall be permitted without an approved management plan for the nonstructural activities listed in subsection F of this section.
F. Approved management plans for forestry or landscape uses shall include a site plan, a description of proposed uses, drainage and erosion control measures, fencing where necessary and methods of property management which shall prevent damage to adjacent land and natural resources as required. Management plans shall be an administrative approval by the director or designee.
G. With the exception of an approved master plan, land clearing shall be allowed for construction of street, water, storm and sanitary sewer improvements associated with an approved preliminary subdivision; provided, that approval shall only be given for clearing needed for infrastructure construction and not for clearing or grading of an individual building lot until building permits are approved.
H. As an alternative to subsection G of this section, in those cases where building is imminent within two years, limited clearing of building lots prior to obtaining a building permit may be allowed if the performance standards in MVMC 15.18.070 and, in addition, the following standards are met:
1. Only the minimum area necessary for access and a reasonable building footprint shall be cleared. The remainder of the trees on the lot shall remain until a building permit has been issued.
2. A site-specific tree plan, drawn to scale, shall be prepared. The tree plan shall indicate the species and size of tree and precise location of all trees of a six-inch diameter or greater located within the area proposed for clearing.
3. The proposal will require review and/or on-site inspection by an arborist to evaluate the survivability of the remaining existing mature trees. The arborist will be retained by the city and the applicant shall pay all costs associated with said review. Based on the type of trees proposed for clearing and their age and condition, the arborist will determine an appropriate restoration plan to be implemented in the event building permits are not obtained within two years of the completion of the clearing activity. The goal of the restoration plan shall be a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the clearing activity. The minimum size for a tree recommended to be planted for restoration is 12-foot-tall conifer and three-inch-caliper deciduous or broadleaf evergreen tree. The city may approve smaller restoration tree sizes at a higher restoration ratio, provided the site has capacity for the additional trees and the results of restoration at a higher restoration ratio are as good as or better than at the normal ratio. The smallest allowable alternatives to the normal restoration requirements shall be two eight-foot conifers for one 12-foot conifer or two two-inch-caliper deciduous for one three-inch-caliper deciduous tree. Recommendations from the arborist will become conditions of the clearing permit.
4. Limits of clearing shall be clearly delineated prior to the beginning of site work and care taken to avoid impacts to remaining trees. A tree protection fence shall be located as required by the arborist and tree protection guidelines followed for any work near retained trees.
5. Prior to permit approval, the applicant shall be required to furnish a performance bond or cash guarantee to the city to secure the applicant’s obligation for restoration in the event building permits are not obtained within two years of completion of the clearing activity. The performance bond shall be computed based upon the city-appraised tree value of the trees proposed for clearing activity, utilizing the industry standard trunk formula method in the current edition of the “Guide for Plant Appraisal”; installation; and three-year maintenance for a minimum-sized tree for restoration.
6. Additional site-specific requirements may be established after review and site visit by the city.
I. Forest practices and land clearing permits are subject to environmental review in accordance with Chapter 15.06 MVMC.
J. A forest practice permit or land clearing approval shall be evaluated by the department and granted if it is determined that:
1. The appropriate land development permits have been issued and an acceptable site or clearing plan has been prepared and submitted to the department; and
2. An appropriate erosion and sedimentation control plan is provided and will be implemented before, during and after clearing; and
3. The applicant has complied with this chapter; and
4. The activity promotes the public health, safety, and general welfare of the citizens of Mount Vernon; and
5. The activity complies with the requirements of Chapters 15.06, 15.07 and 15.40 MVMC.
K. If the proposal conforms to the requirements of this chapter, the director shall provide written authorization and notice to proceed. No regulated nonexempt land clearing activity shall be performed prior to issuance of this authorization.
L. Applications for clearing approval shall be processed as Type II and follow the procedures in Chapter 14.05 MVMC. Such approval and notice to proceed may be granted at the same time or after the underlying permit is granted. Approved clearing plans shall not be amended without authorization of the director or designee.
M. A land clearing permit may be suspended or revoked by the director or designee because of incorrect information supplied or any violation of the provisions of this chapter.
N. Time Limits. Land clearing/forest practices permits shall be valid for two consecutive years, following the date of issuance.
O. Appeals. Decisions may be appealed in accordance with MVMC 14.05.170. (Ord. 3599 § 8, 2013).
15.18.050 Exemptions.
The following shall be exempt from the provisions of this chapter:
A. Land clearing below forest practice permit thresholds:
1. Any forest practice resulting in the cutting and/or removal of less than 5,000 board feet of timber (including live, dead and down material) for personal use (i.e., firewood, fence posts, etc.) in any 12-month period. The following are examples of activities that would typically require less than 5,000 board feet of timber removal and would therefore be exempt from the provisions of this code:
a. The installation and maintenance of fire hydrants, water meters, pumping stations, electrical transformers, sewer and water mains, pedestrian or bicycle connections, street improvements, and street furniture by the city or utility companies or their contractors.
b. Removal of trees in emergency situations involving immediate danger to life or property or substantial fire hazards.
c. Removal of diseased, dead or dying trees upon written verification by a qualified arborist or landscape architect or landscape contractor which states that removal of the trees is essential for the protection of life, limb, or property and which statement is filed with the director.
d. Minimal blazing for line-of-site surveying and foot access.
e. Land clearing on developed land as defined in this chapter which would not otherwise require a permit or SEPA review.
f. Routine maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights-of-way, easements, and parks.
2. Land clearing of less than two acres.
3. Forest practices on forest lands where a landowner has previously submitted a 10-year statement of no conversion to the Department of Natural Resources, together with an acceptable 10-year forest management plan or proof that the land is currently enrolled in current use assessment-timber lands or a conversion option harvest plan (COHP), under Chapter 84.33 RCW, prior to the effective date of the ordinance codified in this chapter. These activities are still subject to the provisions of the critical areas ordinance (Chapter 15.40 MVMC).
4. Forest practices on ownerships of contiguous forested lands equal to or greater than 20 acres in size, where the forest landowner provides a written and signed statement of intent not to convert to a use other than growing commercial timber for 10 years in accordance with RCW 76.09.240(1)(a)(i). These activities are still subject to the provisions of the critical areas ordinance (Chapter 15.40 MVMC).
B. Normal and routine maintenance of nonforested undeveloped property, such as lawn mowing, rototilling, composting, gardening and pruning of vegetation on any lot or parcel that would not otherwise require other permits or SEPA review and includes minor removal of trees, shrubs or ground cover for purposes of general normal maintenance of property.
C. Routine gardening and landscape maintenance of existing landscaped areas on developed lots, including pruning, weeding, planting, and other activities associated with maintaining an already established landscape limited to mechanical equipment 27 horsepower or less. (Ord. 3599 § 9, 2013).
15.18.060 Submittal requirements.
A complete application for a land clearing permit shall be submitted on the application form provided by the city, together with information required under MVMC 14.05.110 for a completed application, and including the following:
A. A site plan on a base map provided by the applicant containing the following information:
1. Date of drawing or revision, north arrow, adjoining roadways and appropriate scales;
2. Prominent physical features of the property including, but not limited to, geological formations, critical areas and watercourses;
3. General location, type, range of size, and conditions of trees;
4. Identification by areas, of trees that are to be removed, and information on how the trees or areas are delineated in the field;
5. Identification by area of trees that are to be retained (tree protection areas); and information on how the tree protection areas are delineated in the field;
6. Any existing improvement on the property including, but not limited to, existing cleared areas, structures, driveways, ponds, and utilities;
7. Identification of areas of proposed development and type of development proposed;
8. Information indicating the method of drainage and erosion control during and following the clearing operation; and
9. Information on how property lines are identified (fences, flags, roads, ditches, etc.).
B. A written narrative that identifies and describes:
1. Specific work to be accomplished;
2. Description of the methods to be used for all proposed forest practices and land clearing activities;
3. A time schedule for land clearing activities;
4. Type of equipment to be used; and
5. Measures proposed to protect the site and adjacent properties from potential adverse impacts.
C. If applicable, a critical area report as set forth in Chapter 15.40 MVMC.
D. A stormwater control plan consistent with Mount Vernon design and construction standards and specifications.
E. A title report as proof that the parcel is not currently subject to a six-year development moratorium. If the property is subject to a six-year development moratorium, the application will not be accepted, until the end of the moratorium or until the moratorium has been lifted.
F. Any other information deemed necessary to comply with the provisions of RCW 76.09.060 and applicable forest practice rules set forth by the Washington State Department of Natural Resources, including reforestation plans if applicable.
G. Payment of the land clearing application fee in the amount established by the city council. (Ord. 3599 § 10, 2013).
15.18.070 Performance standards.
A. All clearing activities shall conform to applicable regulations adopted by the city of Mount Vernon.
B. All clearing activities shall be conducted so as to minimize impacts to forested areas, surface waters, critical areas, groundwater recharge, adjacent properties, and natural features.
C. All debris storage and handling resulting from clearing shall occur within the right-of-way so as to avoid damage to the adjacent land. No debris shall be stored for more than one year from the time of completion of the clearing activity.
D. Slash from clearing should preferably be chipped and used in native vegetation areas on the site within one year of the clearing activity.
E. Prior to initiating any clearing activities on the site, trees to be protected and preserved shall be protected from potentially damaging activities as follows unless otherwise approved by the city of Mount Vernon.
1. Tree protection areas may vary widely in shape, but must include the critical root zone (CRZ) of the trees to be protected plus a minimum of three additional feet. The critical root zone shall include no less than the area of a circle with a radius that extends one foot out from the tree for every inch of trunk DBH or the area of a circle with a radius extending from a tree’s trunk to a point no less than the end of the tree’s longest branch whichever is greater.
2. Prior to the start of any clearing activities, three inches of composted woodchips shall be placed over the critical root zone of the trees to be retained. The purpose of this is to retain moisture, increase organic matter, and visually establish the critical root zone.
3. A protective fence shall be placed around those tree protection areas located on building lots being cleared using the alternative process and those tree protection areas associated with utility installation. The fence shall be a minimum of four feet high and may be higher if needed to ensure clear visual delineation. Chain-link fence fastened to steel stakes/posts driven securely into the ground shall be required in order to discourage easy movement. Chain-link fence is not required along the entire length of proposed roadways.
4. The fence shall remain in place until the city authorizes removal or issues a final certificate of occupancy whichever occurs first.
5. No clearing, grading, filling, or other development activities shall occur within the tree protection areas.
6. No vehicles, construction materials, fuel, or other materials shall be placed in tree protection areas.
7. No nails, rope, cable, signs, or fencing shall be attached to any tree within the tree protection areas.
8. The grade within the tree protection area shall not be altered.
9. No impervious surface shall be installed within the tree protection area.
10. To the extent practical utility trenches shall be located outside of the tree protection area. Boring or tunneling under the critical root zone may be considered an alternative but shall require advanced written approval from the city.
11. Refer to the General Tree Protection Guidelines for information, methods and procedure for working near retained trees.
F. Projects shall be phased to the maximum degree practical to account for seasonal limitations, to reduce areas of exposed soils, and to aid in the stabilization of disturbed areas. The director shall have the authority to require a phased land clearing plan.
G. Dust from clearing activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrainment. Any dust suppressants used shall be approved by the director or designee. Petrochemical dust suppressants are prohibited. Watering the site to suppress dust is also prohibited unless it can be done in a way that keeps sediment out of the drainage system.
H. Stormwater control BMPs shall be implemented in compliance with DOE Stormwater Manual and all other stormwater regulations adopted by the city and in effect at the time the land use application vests. In addition, the director may require additional funding for more inspections or stop work to control erosion sedimentation.
I. Native soil (duff and topsoil) should be stockpiled and reapplied to cleared areas where feasible.
J. No land clearing shall be conducted in a critical area or associated buffer, except as allowed in Chapter 15.40 MVMC.
K. Setbacks, barriers, stormwater control, and other BMPs should be used as necessary to protect critical areas from adverse impacts.
L. Aerial application of chemicals is prohibited within the city of Mount Vernon.
M. Ground application of chemicals with power equipment and chemicals being applied by hand must only be applied to specific targets such as trees, stumps, and burrows, or as bait, or in traps.
N. No application of chemical is allowed within critical areas or their associated buffer unless necessary to meet requirements for noxious weed control or to meet requirements to prevent the spread of disease. This provision may be waived when emergency use of fire retardants is necessary to control the spread of fire.
O. All chemical applications shall be in accordance with:
1. Printed on the United States Environmental Protection Agency container registration label; and/or
2. Established by regulation of the Washington State Department of Agriculture;
3. Established by Washington State and local health departments (in municipal watersheds);
4. Established by the federal Occupational Safety and Health Administration, or the Washington State Department of Labor and Industries, as they relate to safety and health of operating personnel and the public;
5. The department or the Washington State Department of Agriculture may suspend further use of any equipment responsible for chemical leakage until the deficiency has been corrected to the satisfaction of the department suspending its usage.
P. Chemical containers shall be removed from the area of application and disposed of in a manner consistent with label directions or removed and cleaned for reuse in a manner consistent with any applicable regulations of the Washington State Department of Agriculture or Washington State or local health departments.
Q. All potentially damaging chemical spills shall be immediately reported to the Washington State Department of Ecology. Emergency telephone numbers for reporting spills shall be available from the city.
R. Clearing activities shall be conducted in a manner so as to minimize potential for adverse effects on adjacent properties.
S. Clearing on steep slopes shall only be done in accordance with the requirements of Chapter 15.40 MVMC.
T. Additional, site-specific requirements may be established after a site visit by the city. These requirements shall be based on specific site conditions and are limited to additional temporary erosion and sedimentation control and the mitigation of hazardous or potentially hazardous conditions that pose a threat off site or to habitat preservation.
U. The department may require, as a condition to the granting of a permit, that the applicant furnish a performance bond or cash guarantee to the city to secure the applicant’s obligation. The performance bond shall be computed as described in MVMC 15.18.040(E). (Ord. 3599 § 11, 2013).
15.18.080 Fee reporting.
To improve the administration of the forest excise tax created in Chapter 84.33 RCW, the city will report permit information to the Department of Revenue for all approved forest practices permits no later than 60 days after the date the permit was approved. (Ord. 3599 § 12, 2013).
15.18.090 Enforcement.
A. Conducting forest practices or land clearing without a permit unless exempt by this chapter, contrary to any rules and regulations promulgated thereunder, or failing to comply with the conditions of an issued forest practices or land clearing permit is a violation of this chapter and is subject to the enforcement and penalty provisions of MVMC Title 19.
B. In addition to the penalties set forth above, conducting forest practices without a permit or failing to comply with the conditions of a permit which authorizes a forest practice, including unauthorized conversion to nonforestry use, shall be subject to the violation regulations in the Washington State Forest Practices Act as set forth in Chapter 76.09 RCW as now or hereafter amended including but not limited to the following sections:
1. RCW 76.09.080 – Stop work orders – Grounds – Contents – Procedure – Appeals.
2. RCW 76.09.130 – Failure to obey stop work order – Departmental action authorized – Liability of owner or operator for costs.
3. RCW 76.09.140 – Enforcement.
4. RCW 76.09.170 – Violations – Conversion to nontimber operation – Penalties – Remission or mitigation – Appeals – Lien.
5. RCW 76.09.190 – Additional penalty, gross misdemeanor.
6. RCW 76.09.460 – Notice of conversion to nonforestry use – Denial of permits or approvals by the county, city, town, or regional governmental entity – Enforcement; RCW 76.09.060(3)(e).
7. RCW 76.09.470 – Conversion of land to nonforestry use – Action required of landowner – Action required of county, city, town, or regional governmental entity.
In addition to the penalties set forth in this chapter, a violator will be assessed additional fees for recording of the development moratorium notice. Prior to issuance of a development moratorium imposed pursuant to Chapter 76.09 RCW, notice of the moratorium and opportunity for hearing in front of the city hearing examiner shall be provided. The department shall provide notice by regular mail to each property owner located on the county tax rolls of the property subject to the moratorium that a hearing may be requested and that if no hearing is requested within 20 days of the date of mailing notice the moratorium will be imposed. (Ord. 3599 § 13, 2013).
15.18.100 Removal of development moratorium.
The city may grant relief from development moratoria imposed pursuant to Chapter 76.09 RCW prior to the expiration of the moratoria.
A. Any property owner subject to a moratorium may request a release from the six-year moratorium by filing such request with the community development department.
B. Following such request, the community development department shall make a determination as to whether or not the condition of the land in question is in full compliance with local ordinances and regulations. If full compliance is not found, a mitigation plan to address any identified violations is required for the parcel in question. Required mitigation plans must be prepared by the landowner and approved by the city. Once approved, the mitigation plan must be implemented by the landowner. Mitigation measures that may be required include, but are not limited to, re-vegetation requirements to plant and maintain trees of sufficient maturity and appropriate species composition, to restore critical area and buffer function, or to be in compliance with other applicable local government regulations.
C. Upon determination that the property is in full compliance with local ordinances and/or approval of the required mitigation plan, the director or designee shall set a date for an open record public hearing, per the noticing requirements of MVMC 14.05.150, before the hearing examiner.
D. The hearing examiner shall consider the removal of a development moratorium established pursuant to this chapter when the following criteria are strictly met:
1. The proponent makes application for a land clearing permit;
2. The proponent proposes corrective actions to bring the violation into compliance with this chapter and mitigate any existing damage through the submittal of a reforestation plan or mitigation plan, prepared by a qualified professional consistent with Chapter 15.40 MVMC;
3. The proponent did not attempt to avoid the review or restrictions of a land clearing/forest practices application.
E. Hearing Examiner Authority.
1. The hearing examiner shall review requests for removal of a development moratorium, any comments received, and applicable city regulations or policies, and may inspect the property before rendering a decision.
2. The hearing examiner may approve the request to remove a development moratorium, approve the request with conditions, require modification of the proposal to strictly comply with specified requirements or local conditions, or deny the request if it fails to comply with requirements of this chapter.
F. Required Written Findings and Determinations. The hearing examiner will address the following items as written findings and determinations before issuing a decision:
1. The removal of the six-year development moratorium will not be detrimental to public health, safety, and general welfare.
2. The removal of the six-year development moratorium will not be injurious to the property or improvements adjacent to the proposal.
3. The removal of the six-year development moratorium will not result in significant adverse environmental impacts.
4. The removal of the six-year development moratorium is consistent and compatible with the goals, objectives, and policies of the comprehensive plan and the provisions of this chapter and other applicable municipal codes. (Ord. 3599 § 14, 2013).
15.18.110 Single-family dwelling exception on lots subject to development moratorium.
The director may administratively grant an exception to the mandatory six-year development moratorium after notice of such is sent to those property owners within 300 feet of the site that an exception is requested for. The exception shall only allow the construction of one single-family dwelling unit and associated accessory structures, when the following requirements are met:
A. General Requirements.
1. The area that is permitted to be developed shall not exceed the minimum lot size for the underlying zoning district, in addition to the minimum area necessary to provide safe vehicular access;
2. The construction of the single-family dwelling, permitted accessory structures, landscaped area, and access road are in compliance with all applicable city regulations;
3. Corrective actions are proposed to mitigate damage caused by the nonpermitted action, through the submittal of a reforestation or mitigation plan prepared by a qualified professional;
4. Upon approval of a single-family dwelling unit exception, the landowner will record the approved site plan with the Skagit County auditor depicting the area of the parcel to be dedicated for the single-family dwelling, yard area, permitted accessory structures, and access road; and
5. The development moratorium shall remain in effect for all other nonforestry uses of the site.
B. Required Written Findings and Determinations. The director will address the items listed in subsection A of this section as written findings and determinations before issuing a decision. (Ord. 3599 § 15, 2013).