Chapter 14.14
WAIVING AND LIFTING
OF THE SIX-YEAR MORATORIUM
Sections:
14.14.080 State Environmental Policy Act (SEPA).
14.14.090 Rescinding of moratorium.
14.14.100 Single-family residence/outbuildings.
14.14.110 Proposals other than single-family residence/outbuildings.
14.14.120 Repair or remodel of existing structures.
14.14.130 Land use/building permit approvals.
14.14.010 Short title.
This chapter shall be known as “waiving and lifting of the six-year development moratorium.” (Ord. 2003-2 § 2, 2003).
14.14.020 Authority.
The 1997 Legislature adopted changes to the Washington State Forest Practices Act in Substitute Bill 5714. The bill allows local governments to regulate conversions of forest land to nonforestry use. Local governments are required to adopt ordinances that equal or exceed the State Forest Practices Resource Protection Rules and Regulations by December 31, 2001. Chapter 76.09 RCW provides the authority and the requirements for county involvement in state forest practice activities. (Ord. 2003-2 § 2, 2003).
14.14.030 Scope.
This chapter shall apply to all public and private lands situated within the unincorporated portions of Okanogan County over which Okanogan County has jurisdiction under the Constitution and laws of the state of Washington and shall set forth minimum standards in addition to such other standards that may be applicable. (Ord. 2003-2 § 2, 2003).
14.14.040 Applicability.
This chapter applies to any parcel or lot which has an approved Forest Practices Application through the Washington State Department of Natural Resources in which a six-year development moratorium is in effect. (Ord. 2003-2 § 2, 2003).
14.14.050 Purpose.
The purpose of this chapter is to assist and serve the property owners of Okanogan County in addressing the state requirements and regulations associated with private timber harvest and forest management within the limits and constraints imposed by the Legislature of the state of Washington. (Ord. 2003-2 § 2, 2003).
14.14.060 Administration.
The planning director of the Okanogan County office of planning and development (“department”), or designee, is vested with the duty of administering, implementing, and interpreting the provisions of this chapter. The planning director or designee may prepare and/or require the use of such forms and information as deemed necessary to administer the provisions of this chapter. (Ord. 2003-2 § 2, 2003).
14.14.070 Definitions.
Those definitions set forth in Chapter 76.09 RCW and WAC Title 222, as adopted and hereafter amended, are hereby incorporated by reference and shall govern and control the application and interpretation of this chapter. In the case of reference to a specific Okanogan County Code regulation, the definitions within the referenced regulation (for example the shoreline master program) shall prevail. The following definitions also apply:
A. “Department” means the Okanogan County office of planning and development.
B. “Lift” means the removal of the six-year development moratorium from an entire parcel.
C. “Moratorium” means the six-year development moratorium required as part of the forest practices permit application process through the Washington State Department of Natural Resources.
D. “Planning director” means the director of the Okanogan County office of planning and development.
E. “Waive” means to forgo the requirements of the six-year development moratorium for the strict purposes of constructing one single-family residence, outbuildings, or both along with associated permits and/or approvals. (Ord. 2003-2 § 2, 2003).
14.14.080 State Environmental Policy Act (SEPA).
Applications to lift the moratorium for structures or uses under OCC 14.14.110 shall be subject to review under the Act, Chapter 43.21 RCW and Chapter 197-11 WAC. (Ord. 2003-2 § 2, 2003).
14.14.090 Rescinding of moratorium.
Upon written request of the property owner, the moratorium may be rescinded by the planning director if an approved forest practices application has been withdrawn or expired, and no harvest in reliance upon such approval has taken place under Chapter 76.09 RCW. Written approval from the Department of Natural Resources and/or Colville Confederated Tribes must accompany the request. (Ord. 2003-2 § 2, 2003).
14.14.100 Single-family residence/ outbuildings.
A. The planning director or designee may waive the six-year moratorium imposed pursuant to Chapter 76.09 RCW for the purpose of allowing a property owner to construct one single-family residence, or outbuilding, or both, and any permits associated with such construction, on a legal parcel or lot, subject to the applicant’s compliance with all local regulations, ordinances, and/or resolutions. The development area shall be no more than two acres, excluding road construction. Applications for waiving the moratorium under this chapter shall be filed with the department. The accuracy and completeness of the application shall be the responsibility of the applicant. The application shall, at a minimum, contain the following:
1. Application fee as adopted by the Okanogan County fee schedule;
2. Completed and signed Okanogan County land use application form;
3. A copy of the recorded six-year moratorium with associated map;
4. Site plan consistent with the requirements of OCC 14.12.160, unless specifically waived by the planning director.
B. Upon receipt of a completed application, the planning director or designee shall approve or deny the waiver application based upon the information provided.
C. The harvest and reforestation of the property shall have been conducted under an approved forest practices application in compliance with all applicable rules and requirements. (Ord. 2003-2 § 2, 2003).
14.14.110 Proposals other than single-family residence/outbuildings.
A. The planning director or designee may lift the six-year moratorium imposed pursuant to Chapter 76.09 RCW for purposes other than one single-family residence, or outbuildings, or both, and any permits associated with such construction. Applications for lifting the moratorium under this chapter shall be filed with the department. The accuracy and completeness of the application shall be the responsibility of the applicant. The application shall, at a minimum, contain the following:
1. Application fee(s) as adopted by the Okanogan County fee schedule;
2. Completed and signed Okanogan County land use application form;
3. Completed and signed State Environmental Policy Act (SEPA) checklist;
4. A copy of the recorded six-year moratorium with associated map;
5. Vicinity map of the property location;
6. Aerial photograph of the property;
7. Site plan identifying the location of harvest areas.
B. The department shall publish notice of the application in the official county newspaper of general circulation and allow for a public review and comment period of 14 days.
C. Upon completion of the public review and comment period, review of the complete record and provisions of this chapter, the planning director or designee shall, within 30 days of the expiration of the public review period, provide the landowner with written decision of approval with any conditions, or denial with reasons for denial. Failure to comply with any conditions of approval shall result in the withdrawing of the approval and reinstatement of the moratorium for a total of six years.
D. Applications for lifting the moratorium shall be consolidated with any other associated development applications reviewed by Okanogan County and/or the Colville Confederated Tribes.
E. The harvest and reforestation of the property shall have been conducted under an approved forest practices application in compliance with all applicable rules and requirements. (Ord. 2003-2 § 2, 2003).
14.14.120 Repair or remodel of existing structures.
A. The repair or alteration of an existing residential structure or outbuilding shall be subject to the provisions of OCC 14.14.100.
B. The repair or alteration of nonresidential structures, such that no expansion in the building footprint is proposed shall be subject to the provisions of OCC 14.14.100.
C. Alterations of nonresidential structures which increase the building footprint, or expansions in nonresidential uses shall be subject to the provisions of OCC 14.14.110. (Ord. 2003-2 § 2, 2003).
14.14.130 Land use/building permit approvals.
The lifting or waiving of the moratorium does not waive the requirement to obtain other permit approvals. Other land use approvals or building permit approvals may be required. (Ord. 2003-2 § 2, 2003).
14.14.140 Enforcement.
The planning director or designee shall have authority to enforce this chapter, any rule or regulation adopted, and any permit, order, or approval issued pursuant to this chapter. If any person, firm, or business engages in any use or activity inconsistent with the provisions of this chapter or conditions of approval, the planning director may reinstate and make effective the moratorium for a total of six years. (Ord. 2003-2 § 2, 2003).
14.14.150 Appeals.
Appeals of any decision by the planning director or designee shall be subject to the provisions of Chapter 17A.350 OCC. (Ord. 2003-2 § 2, 2003).