15.50.040 Decision criteria for waiver of moratorium.
For both SMC 15.50.030 and this section, the following shall provide the criteria for considering a waiver of the six-year moratorium:
(1) Critical Areas Site Assessment and Mitigation Plan.
(a) The applicant shall provide a critical areas site assessment where warranted by the critical areas ordinance (CAO) under SMC Title 17 following initial review and site visit of the property subject to the moratorium. The site assessment shall determine the level of impacts to the city-regulated critical areas and associated buffers that have occurred due to logging and associated conversion activity. The site assessment shall also include an estimated time needed for recovery of the critical areas to a state comparable to what it was before the forest practice took place. The assessment shall be prepared by a professional whose qualifications and experience are satisfactory to the planning director.
(b) If based on the prepared site assessment and comments received, the planning director (for single-family residences) or hearing examiner (for waivers subject to public hearings) determines that recovery of the critical area(s) and associated buffers can be achieved within six years, then a mitigation plan (MP) shall be prepared. The mitigation plan shall be prepared by a professional whose qualifications and experience are satisfactory to the planning director. The MP shall include a six-year monitoring program, correction standards, and provisions for a six-year maintenance bond. The MP shall be reviewed and approved by the planning director (single-family residences) or the hearing examiner (for waivers subject to public hearing). A substantial part of the mitigation work as determined by the planning director at the director’s discretion, must be completed prior to the issuance of any development permits. At his/her discretion, the planning director may accept a performance bond of 150 percent for all or part of the mitigation work.
(c) All sensitive areas and buffers on the site shall be protected with a native growth protection easement (NGPE) recorded for the property. The NGPE shall protect the sensitive areas and buffers in perpetuity. The planning director may permit selective cutting of trees determined to be dangerous to property or individuals by a certified arborist.
(d) If, however, critical areas and their buffers cannot be restored within the six-year period to a level of critical areas function comparable to what it was prior to the logging activity, the request for a waiver of the moratorium shall be denied and the city shall not accept applications for development permits for the duration of six years.
(2) The applicant shall submit one of the following for review and acceptance prior to waiver of the moratorium.
(a) Reforestation Plan.
(i) If no development proposal has been proposed, the applicant shall submit a reforestation plan consistent with Chapter 222-34 WAC for approval by the planning director.
(ii) If a new development is proposed, the applicant shall submit a reforestation plan for the proposed development to the planning director for approval. The reforestation plan shall specify the type(s) of trees to be planted. All species shall be native and shall be a minimum two-inch caliper at time of planting.
(iii) For new developments, the reforestation plan shall provide for a minimum of trees to be planted in the new development. For each acre where tree removal was performed, trees shall be planted according to the following table:
Type of development | Density of trees planted |
|---|---|
Residential | 50 trees per acre |
Commercial or institutional | 40 trees per acre |
Industrial | 30 trees per acre |
(iv) Credit will be allowed for existing healthy trees that were left standing on any disturbed acreage. The caliper of existing trees shall be six inches or greater as measured four feet from the ground.
(v) For single-family residential subdivisions, planting is encouraged throughout the site, including on lots, between lots, along lot frontages, along rights-of-way, and in open space areas. This planting requirement shall be met outside of critical areas and buffers that require restoration under subsection (1) of this section. The planning director may accept variations in the planting locations (including off-site locations) if alternate locations would better serve the community or better protect the trees.
(vi) For multifamily, commercial, institutional, and industrial developments, newly planted trees may be located in the interior, perimeter, or frontage of the lot, but not in critical areas and buffers that require restoration under subsection (1) of this section.
(vii) If necessary, plans shall be modified to accommodate the required trees.
(viii) Any reforestation plan submitted shall include a two-year maintenance bond in the amount of 20 percent of the cost of materials and planting as approved by the planning director.
(ix) For any proposed residential subdivision, the applicant shall develop covenants restricting future property owners from removing trees. The planning director may permit selective cutting, removal, or relocation of trees. Any trees removed shall be replaced either on-site or off-site as approved by the planning director. Trees shall be replaced at a ratio of 1:1 for every caliper inch of tree removed as measured four feet above the ground. Trees of smaller caliper may be grouped to equal the number of caliper inches of the removed tree(s).
(x) If the area of removal is not replanted within two years from the date the moratorium is waived, the area of removal shall be reforested according to Chapter 222-34 WAC and the provisions of the original notice to comply.
(b) Set aside undevelopable acres. In lieu of reforestation of noncritical areas as required in subsection (2)(a) of this section, the applicant may set aside one-fifth of the disturbed acreage as open space over and above any open space required by the requirements of Chapter 17.147 SMC. The applicant shall submit a reforestation plan for the area in accordance with Chapter 222-34 WAC to be approved by the planning director or the hearing examiner. The area shall be protected as a native growth protection easement, which shall be recorded with the property in perpetuity.
(3) Penalty. In addition to meeting the provisions of subsections (1) and (2)(a) or (2)(b) of this section, the applicant shall pay a penalty to the city in the amount of $10,000 per acre or portion thereof cut. (Ord. 1091 § 1, 2000).