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Ordinance 35040006.90000 WSS /gjz 4/29/04 R:5 /4 /04gj z R:5/27/04gj z ORDINANCE NO. 3504 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING AN INTERIM ZONING REGULATION ORDINANCE NO. 3499 AMENDING THE PROVISIONS OF ECDC CHAPTER 20.100 TO ADOPT A NEW SECTION 20.100.050 RELATING TO DNR MORATORIUMS, 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, WHEREAS, following adoption of Ordinance No. 3499, a public hearing was held on June 1, 2004, and { WSS571944.DOC;1/00006.900000/} -1- WHEREAS, the City Council deems it to be in the public interest to maintain the interim ordinance while clarifying its procedures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3499 amending Chapter 20.100 Hearing Examiner, Planning Advisory Board and City Council review as an interim zoning ordinance by the addition of Section 20.100.050 Forest Practices Act Moratoriums, Section 1, is amended 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 ECDC 20.105.010(A), 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. The Director's review shall be processed pursuant to ECDC 20.95.050 and may be appealed pursuant to ECDC 20.105.010(A). { WSS571944.DOC;1 /00006.900000/} -2- B. In the event that the City has initiated a review of an approved permit pursuant to the provisions of Section 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. 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 five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYO GAR AAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OFT C Y AT RN ` BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 05/28/2004 PASSED BY THE CITY COUNCIL: 06/01/2004 PUBLISHED: 06/06/2004 EFFECTIVE DATE: 06/11/2004 ORDINANCE NO. 3504 { WSS571944.DOC;1 /00006.900000/1 -3- SUMMARY OF ORDINANCE NO. 3504 of the City of Edmonds, Washington On the 1" day of June, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3504. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING AN INTERIM ZONING REGULATION ORDINANCE NO. 3499 AMENDING THE PROVISIONS OF ECDC CHAPTER 20.100 TO ADOPT A NEW SECTION 20.100.050 RELATING TO DNR MORATORIUMS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 2"a day of June, 2004. CITY CLERK, SANDRA S. CHASE { WSS571944.DOC;1 /00006.900000/} 4- 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... 6/21/2004 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... 6/21/2004 .a . . 6 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... 6/21/2004 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..15.01.0, 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 1.7.24.220. 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. 1 Adopted by Reference Ordinance # 3 -p y on 6-1 -0 Ci y lerk http: // search. mrsc. org /nxtlgateway.dll /rcw /rcw %20% 2076 %20 %20title /rcw %20 %2076 %2... 6/21/2004 Affidavit of Publication STATE OF WASHINGTON, S.S. COUNTY OF SNOHOMISH SUMMARY OF( RDINANCE NO. 3504 o t e ty o Mon s, as ington On the 1st day of June, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3504. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, AMENDING AN INTERIM ZONING REGULATION OR- DINANCE NO. 3499 AMENDING THE PROVISIONS OF ECDC CHAPTER 20.100 TO ADOPT A NEW SECTION FIX- ING A 50IME�WHEN O HER SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of CITY CLERK, SANDRA S. CHASE Published: June 6, 2004. RECEIVED JUN 17 2004 EDMONDS CITY CLEH}( Account Name: City of Edmonds The undersigned, being first duly sworn 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. 3504 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: June 06, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. It Subscribed and sworn to before me this 7th day of June, 2004 Notary Public in and County. V) '• 9 ' • 3.29 -0 TFOF`WASN\ Account Number: 101416 Order Number: 0001174063