Ordinance 34990006.90000
WSS /gjz
4/29/04
R:5 /4 /04gj z
ORDINANCE NO. 3499
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
REGULATION AMENDING THE PROVISIONS OF ECDC
CHAPTER 20.100 ADOPTING A NEW SECTION 20.100.050
RELATING TO DNR MORATORIUMS, AMENDING
SECTION 20.100.040 TO INTEGRATE MORATORIUM
PROCEDURES WITH REVIEW OF APPROVED PERMITS,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, RCW 76.09.060, the Forest Practices Act, provides that the City
shall impose a six -year moratorium for the violation of the Forest Practices Act by a failure to
comply with the terms of a Department of Natural Resources (DNR) permit or a failure to apply
for a DNR permit as determined by the Washington State Department of Natural Resources, and
WHEREAS, said statutory provisions require the City to adopt procedures for
lifting such a moratorium, and
WHEREAS, the City has provisions regarding the review of permits in the event
of violation or public nuisance and these provisions would benefit from coordination with the
procedures required to be adopted by the City, and
WHEREAS, the City has received notice that such a moratorium must be imposed
and adopts this interim zoning ordinance pending final adoption of an ordinance in this regard,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
{WSS570412.DOC;1 /00006.900000/ - I -
Section 1. Chapter 20.100 Hearing Examiner, Planning Advisory Board and City
Council review is hereby amended as an interim zoning ordinance by the addition of Section
20.100.050 Forest Practices Act Moratoriums to read as follows:
20.100.050 Forest Practices Act moratorium.
When the City has been notified by the Washington State
Department of Natural Resources (hereinafter DNR) that a
violation of the Forest Practices Act has occurred, pursuant to the
requirements of RCW 79.09.060, the City by the Director of
Develoment Services, shall impose a six -year .moratorium on that
portion of the property or project which has been converted from
forest use, as such term' is defined by statute or the order of DNR.
The moratorium may be conditioned in order to preserve public
safety and prevent further environmental damage.
A. The owner of the property or permittee impacted by the
moratorium or any property owner within 300 feet of the site:
1) May appeal the nature and extent of the moratorium as a staff
decision pursuant to the provisions of Section 20.105.010, or
2) May apply to the Director at any time during the six -year
period for a lifting of the moratorium. The moratorium shall be
lifted only upon a showing by the owner or permittee that all
significant issues identified by the Director relating to safety,
aesthetics, the violation of any City permit condition of approval
and any violation of City code will be fully mitigated by the action
of the permittee. In the event that any issue has not been fully
mitigated, the lifting of the moratorium may be conditioned upon
the future satisfaction of conditions or by a bond or other surety
designed to mitigate the negative impacts of the applicant's actions
and/or violations.
B. In the event that the City has initiated a review of an
approved permit pursuant to the provisions of 20.100.050, the
procedures in paragraph A. shall not apply and a hearing regarding
whether, and under what conditions a moratorium may be lifted,
shall be consolidated with a hearing under Section 20.100.040.
Section 2. As an interim zoning ordinance, ECDC 20.100.040 Review of
ap rop ved permits is hereby amended by the addition of a new sub - section D relating to
integration with moratorium provisions to read as follows:
{WSS570412.DOC;1 /00006.900000/ - 2 -
20.100.040 Review of approved permits.
D. Integration with moratorium procedures:
If a moratorium has been imposed by the City pursuant to the
requirements of the Forest Practices Act, and a procedure is
pending before the City's hearing examiner pursuant to this section
regarding the review of approved permits, a decision regarding if,
when, how and pursuant to what conditions a moratorium imposed
by the City pursuant to the provisions of 20.100.050 should be
lifted, such review shall be consolidated with a proceeding under
this section in order that one open record hearing may be held.
The hearing examiner may utilize the moratorium as a condition or
remedy under this section and/or may require that the compliance
with conditions imposed pursuant to this review procedure be a
pre- condition to the lifting of any moratorium.
E. Appeal of hearing examiner decision.
1. If the underlying permit is one for which this Code
provides for a final decision by the City's hearing examiner, the
City's hearing examiner decision shall be final, Appeal may be
taken from the hearing examiner's decision pursuant to Land Use
Petition Act to Snohomish County Superior Court.
2. If the underlying permit is one for which closed record
review before the City Council is permitted by the provisions of
this Code, an appeal may be taken to the City Council pursuant to
the provisions of 20.105.040.
Section 3. This is an interim zoning ordinance enacted pursuant to the provisions
of RCW 35A.63.220. In accordance with the provisions of this statute, it has been enacted
without a public hearing. Pursuant to such statutory requirements, a public hearing is hereby set
for the 1St day of June, 2004, said date being within sixty (60) days of the enactment of this
interim zoning ordinance. This ordinance shall expire six months from its effective date unless
extended by the Council following public hearing.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
{WSS570412.DOC;1 /00006.900000/ - 3 -
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MA
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04/30/2004
PASSED BY THE CITY COUNCIL: 05/04/2004
PUBLISHED: 05/09/2004
EFFECTIVE DATE: 05/14/2004
ORDINANCE NO. 3499
{WSS570412.DOC;1 /00006.900000/ - 4 -
ON
SUMMARY OF ORDINANCE NO. 3499
of the City of Edmonds, Washington
On the 4th day of May, 2004, the City Council of the City of Edmonds, passed
Ordinance No. 3499. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN
INTERIM ZONING REGULATION AMENDING THE PROVISIONS OF ECDC CHAPTER
20.100 ADOPTING A NEW SECTION 20.100.050 RELATING TO DNR MORATORIUMS,
AMENDING SECTION 20.100.040 TO INTEGRATE MORATORIUM PROCEDURES WITH
REVIEW OF APPROVED PERMITS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of May, 2004.
, d' " /� " �' e�
CITY CLERK, SANDRA S. CHASE
WSS570412.DOC /00006.900000 - 5 -
Page 1 of 1
RCW 35A.63.220
Moratoria, interim zoning controls -- Public hearing -- Limitation on length.
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public
hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the
adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or
not the legislative body received a recommendation on the matter from the planning agency. If the
legislative body does not adopt findings of fact justifying its action before this hearing, then the
legislative body shall do so immediately after this public hearing. A moratorium or interim zoning
ordinance adopted under this section may be effective for not longer than six months, but may be
effective for up to one year if a work plan is developed for related studies providing for such a longer
period. A moratorium of interim zoning ordinance may be renewed for one or more six -month periods if
a subsequent public hearing is held and findings of fact are made prior to each renewal.
[1992 c 207 §'3. ]
Adopted by Reference
Ordinance #3`i99 on
ity Clerk
http: // search. mrsc. org /nxt/gateway.dll /rcw /rcw %20 %203 5a %20title /rcw %20 %2035a. %20... 6/11/2004
Page 1 of 4
RCW 76.09.060
Applications for forest practices -- Form -- Contents -- Conversion of forest land to other use --
Six -year moratorium -- New applications -- Approval -- Emergencies.
The following shall apply to those forest practices administered and enforced by the department and for
which the board shall promulgate regulations as provided in this chapter:
(1) The department shall prescribe the form and contents of the notification and application. The
forest practices rules shall specify by whom and under what conditions the notification and application
shall be signed or otherwise certified as acceptable. The application or notification shall be delivered in
person to the department, sent by first class mail to the department or electronically filed in a form
defined by the department. The form for electronic filing shall be readily convertible to a paper copy,
which shall be available to the public pursuant to chapter 42.17 RCW. The information required may
include; but is not limited to:
(a) Name and address of the forest landowner, timber owner, and operator;
(b) Description of the proposed forest practice or practices to be conducted;
(c) Legal description and tax parcel identification numbers of the land on which the forest practices
are to be conducted;
(d) Planimetric and topographic maps showing location and size of all lakes and streams and other
public waters in and immediately adjacent to the operating area and showing all existing and proposed
roads and major tractor roads;
(e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including
the type of equipment to be used and materials to be applied;
(f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential
from roadsides and yarding roads, as required by the forest practices rules;
(g) Soil, geological, and hydrological data with respect to forest practices;
(h) The expected dates of commencement and completion of all forest practices specified in the
application;
(i) Provisions for continuing maintenance of roads and other construction or other measures
necessary to afford protection to public resources;
0) An affirmation that the statements contained in the notification or application are true; and
(k) All necessary application or notification fees.
(2) Long range plans may be submitted to the department for review and consultation.
(3) The application for a forest practice or the notification of a Class II forest practice is subject to the
three -year reforestation requirement.
(a) If the application states that any such land will be or is intended to be so converted:
http: // search. mrsc. org /nxtlgateway.dll /rcw /rcw%20% 2076 %20 %20title /rcw%20 %2076 %2... 6/11/2004
Page 2 of 4
(i) The reforestation requirements of this chapter and of the forest practices rules shall not apply if the
land is in fact so converted unless applicable alternatives or limitations are provided in forest practices
rules issued under RCW 76.09.070 as now or hereafter amended;
(ii) Completion of such forest practice operations shall be deemed conversion of the lands to another
use for purposes of chapters 84.33'and 84.34 RCW unless the conversion is to a use permitted under a
current use tax agreement permitted under chapter 84..34 RCW;
(iii) The forest practices described in the application are subject to applicable county, city, town, and
regional governmental authority permitted under RCW 76.09..240 . as now or hereafter amended as well
as the forest practices rules.
(b) Except as provided elsewhere in this section, if the application or notification does not state that
any land covered by the application or notification will be or is intended to be so converted:
(i) For six years after the date of the application the county, city, town, and regional governmental
entities shall deny any or all applications for permits or approvals, including building permits and
subdivision approvals, relating to nonforestry uses of land subject to the application;
(A) The department shall submit to the local governmental entity a copy of the statement of a forest
landowner's intention not to convert which shall represent a recognition by the landowner that the six -
year moratorium shall be imposed and shall preclude the landowner's ability to obtain development
permits while the moratorium is in place. This statement shall be filed by the local governmental entity
with the county recording officer, who shall record the documents as provided in chapter 65.04 RCW,
except that lands designated as forest lands of long -term commercial significance under chapter 36.70A_
RCW shall not be recorded due to the low likelihood of conversion. Not recording the statement of a
forest landowner's conversion intention shall not be construed to mean the moratorium is not in effect.
(B) The department shall collect the recording fee and reimburse the local governmental entity for the
cost of recording the application.
(C) When harvesting takes place without an application, the local governmental entity shall impose
the six -year moratorium provided in (b)(i) of this subsection from the date the unpermitted harvesting
was discovered by the department or the local governmental entity.
(D) The local governmental entity shall develop a process for lifting the six -year moratorium, which
shall include public notification, and procedures for appeals and public hearings.
(E) The local governmental entity may develop an administrative process for lifting or waiving the
six -year moratorium for the purposes of constructing a single - family residence or outbuildings, or both,
on a legal lot and building site. Lifting or waiving of the six -year moratorium is subject to compliance
with all local ordinances.
(F) The six -year moratorium shall not be imposed on a forest practices application that contains a
conversion option harvest plan approved by the local governmental entity unless the forest practice was
not in compliance with the approved forest practice permit. Where not in compliance with the
conversion option harvest plan, the six -year moratorium shall be imposed from the date the application
was approved by the department or the local governmental entity;
(ii) Failure to comply with the reforestation requirements contained in any final order or decision
http: // search. mrsc. org /nxt/gateway.dll /rcw /rcw%20% 2076 %20 %20title /rcw %20 %2076 %2... 6/11/2004
Page 3 of 4
shall constitute a removal of designation under the provisions of RCW 84.33 140, and a change of use
under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the payments
and/or penalties resulting from such removals or changes; and
(iii) Conversion to a use other than commercial forest product operations within six years after
approval of the forest practices without the consent of the county, city, or town shall constitute a
violation of each of the county, municipal city, town, and regional authorities to which the forest
practice operations would have been subject if the application had so stated.,
(c) The application or notification shall be signed by the forest landowner and accompanied by a
statement signed by the forest landowner indicating his or her intent with respect to conversion and
acknowledging that he or she is familiar with the effects of this subsection.
(4) Whenever an approved application authorizes a forest practice which, because of soil condition,
proximity to a water course or other unusual factor, has a potential for causing material damage to a
public resource, as determined by the department, the applicant shall, when requested on the approved
application, notify the department two days before the commencement of actual operations.
(5) Before the operator commences any forest practice in a manner or to an extent significantly
different from that described in a previously approved application or notification, there shall be
submitted to the department a new application or notification form in the manner set forth in this
section.
(6) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the
department to an application to conduct a forest practice shall be effective for a term of two years from
the date of approval or notification and shall not be renewed unless a new application is filed and
approved or a new notification has been filed. At the option of the applicant, an application or
notification may be submitted to cover a single forest practice or a number of forest practices within
reasonable geographic or political boundaries as specified by the department. An application or
notification that covers more than one forest practice may have an effective term of more than two years.
The board shall adopt rules that establish standards and procedures for approving an application or
notification that has an effective term of more than two years. Such rules shall include extended time
periods for application or notification approval or disapproval. On an approved application with a term
of more than two years, the applicant shall inform the department before commencing operations.
(7) Notwithstanding any other provision of this section, no prior application or notification shall be
required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other
emergency as defined by the board, but the operator shall submit an application or notification,
whichever is applicable, to the department within forty -eight hours after commencement of such practice
or as required by local regulations.
(8) Forest practices applications or notifications are not required for forest practices conducted to
control exotic forest insect or disease outbreaks, when conducted by or under the direction of the
department of agriculture in carrying out an order of the governor or director of the department of
agriculture to implement pest control measures as authorized under chapter 17.24 RCW, and are not
required when conducted by or under the direction of the department in carrying out emergency
measures under a forest health emergency declaration by the commissioner of public lands as provided
in RCW 76.06.130.
(a) For the purposes of this subsection, exotic forest insect or disease has the same meaning as
http:// search. mrsc. org /nxtlgateway.dll /rcw /rcw%20% 2076 %20 %20title /rcw %20 %2076 %2... 6/11/2004
Page 4 of 4
defined in RCW 76.06.020.
(b) In order to minimize adverse impacts to public resources, control measures must be based on
integrated pest management, as defined in RCW 17.1_5.010, and must follow forest practices rules
relating to road construction and maintenance, timber harvest, and forest chemicals, to the extent
possible without compromising control objectives.
(c) Agencies conducting or directing control efforts must provide advance notice to the appropriate
regulatory staff of the department of the operations that would be subject to exemption from forest
practices application or notification requirements.
(d) When the appropriate regulatory staff of the department are notified under (c) of this subsection,
they must consult with the landowner, interested agencies, and affected tribes, and assist the notifying
agencies in the development of integrated pest management plans that comply with forest practices rules
as required under (b) of this subsection.
(e) Nothing under this subsection relieves agencies conducting or directing control efforts from
requirements of the federal clean water act as administered by the department of ecology under RCW
90.48.260.
(f) Forest lands where trees have been cut as part of an exotic forest insect or disease control effort
under this subsection are subject to reforestation requirements under RCW 76.09.070.
(g) The exemption from obtaining approved forest practices applications or notifications does not
apply to forest practices conducted after the governor, the director of the department of agriculture, or
the commissioner of public lands have declared that an emergency no longer exists because control
objectives have been met, that there is no longer an imminent threat, or that there is no longer a good
likelihood of control.
[2003 c 314 § 5. Prior: 1997 c 290 § 3; 1997 c 173 § 3; 1993 c 443 § 4; 1992 c 52 § 22; 1990 1st ex.s. c 17 § 62; 1975 1st
ex.s. c 200 § 3; 1974 ex.s. c 137 § 6.]
NOTES:
Findings -- 2003 c 314: See note following RCW 17.24.220.
Effective date - =1993 c 443: See note following RCW 76.09.010.
Effective date - -1992 c 52 § 22: "Section 22 of this act shall take effect August 1, 1992." [1992 c 52
§ 27.]
Severability -- Part, section headings not law -- 1990 1st ex.s. c 17: See RCW 36.70A.900. and
36.70A.901.
Adopted by Reference
Ordinance #3Y99 on
/f -D
City Clerk
http:// search. mrsc. org /nxtlgateway.dll /rcw /rcw %20% 2076 %20 %20title /rcw %20 %2076 %2... 6/11/2004
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. A499 LN
o t e d o mon s,, aeon }
On the 4th day of May, 2004, the City Council of the Cf of I
Edmonds, passed Ordinance No: 3499. A summary of the
content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, ADOPTING AN INTERIM ZONING REGULATIbN
AMENDING THE PROVISIONS OF ECDC CHAP.IER
20.100 TO ADOPTION OF A NEW SECTION 20,1100'50
RELATING TO DNR MORATORIUMS AND AM @NDING'
SECTION 20.100.040 TO INTEGRATE MORA ORTtJf51
PROCEDURES WITH REVIEW OF APPROVED PER RS,
LAND FIXING A TIME WHEN THE SAME SHALL BE (AE
EFFECTIVE. r�
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of May, 2004. , v i,,
CITY CLERK, SANDRA S.TCRASE
Published: May 9, 2004.
S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3499
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
May 09, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and swom to before me this
day of May, 2004
Notary Public in and for the
County.
141
10th
tit
I i.
1;40T'4 m•:
�YZve pa�Qfsh "
�O
Ift'1t0F WASH# -.
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001164376