Chapter 23.05
LIFTING OR REMOVAL OF MORATORIUM
Sections:
23.05.040 Permits which may be issued.
23.05.010 Moratorium removal.
The county may remove the moratorium on the property as provided in this chapter. If the landowner has any outstanding forest practice violations on 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 removal. (Ord. 2001-03 (part))
23.05.020 Authority.
The director shall have the authority to approve, approve with conditions, or deny a request for a removal of the moratorium, pursuant to the procedures and requirements of this chapter. (Ord. 2006-04: Ord. 2001-03 (part))
23.05.030 Process.
A. The request will be made to the department on the application forms provided and accompanied by a completed SEPA environmental checklist, all applicable permits for proposed development, 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 structures;
h. Location and width of existing and proposed roads, driveways and trails;
i. Location of existing and proposed services, including water, sewage, power and telephone;
j. 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-day deadline.
C. The county, and on appeal the hearing examiner, must apply the following standards and factors when deciding whether or not to remove or lift the moratorium:
1. The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practice application.
2. Whether all forest practices application/notice requirements have been met.
3. There will be no damage to a critical area or its associated vegetation area or to the shoreline area or that any damage to those areas may be reasonably restored through mitigation measures.
4. Whether mitigation will protect the affected critical areas and shorelines. This may include 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. Whether the proposed development shall be consistent with the county comprehensive plan and all applicable development regulations.
6. Whether the development area will remain in natural vegetation until cleared and be re-seeded with native plant seed after clearing; and dust control measures could mitigate the impacts on adjoining properties and the air during the development of the project. At the time of the visual inspection, the inspector shall determine the amount of seed/per acre to be applied taking into account slope, critical areas, visual, and shoreline issues.
7. All roads constructed for residential access shall meet applicable county residential road specifications.
8. Whether the slopes or potential sliding of the property will affect adjoining properties or private or public roads.
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))
23.05.040 Permits which may be issued.
Once a moratorium has been removed or lifted, any development permit or approval may be issued by the county according to the relevant Skamania County Code, ordinances or regulations, provided that such approvals may incorporate the same conditions established in the moratorium removal. (Ord. 2001-03 (part))