ORD 99-03 FOREST PRACTICE MORATORIAORDINANCE NO. 994)3
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to forest practice monitorhi; amending Sections
16.22.080, 16.22.090 and 16.22.095; and adding Sections
16.22.075, 16.22.085, 16.22.097 and 16.22.115 to the
Bainbridge Island Municipal Code.
WHEREAS, the State Legislature mended Chapter 76.09 RCW to make six year forest
pilerice moratoria mandatory;
WHEREAS, RCW 76.09.060 requires the city to develop a process for lifting six-year
f;alrest practice moratoria;
WHEREAS, the city desires the restoration of land cleared under forest practice
tnkmits; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
C~e as follows:
A new Section 16.22,075 is added to the Bainbridge Island Municipal
16.22.075 Moratorium relief.
Pursuant to the provisions of this chapter, the city may grant relief from
development monitoria prior imposed pursuant to Chapter 76.09 prior to the
expiration of the moratia.
Section 2.
follows:
Section 16.22.080 of the Bainbridge Island Municipal Code is amended
16.22a)0~ histaM.k,_
U-~r apesial airouaUr. ess the oity -~ grmlt relief from a development
~ctatofiu.., ff t"e pnln,,t~' owucr can ~em tho following oritofia:
A. All of tho following ouboocfioa nquirt.~znt~ oan be mot:
1. The barvooting dooo not ~ovont the propo~' fFom mei4jng the
standards of Bl~iC 16.22.060.A.1 through 5; and
2. F~tioting anviromnestal oonoi~vo ateas subjoc~ to ngulation undor
C:iu~r 16.30 BIMC hnve not boon disturbed no part of tho timket htvvoot; and
3. Fot~tul areas lot_tad within a designated wildlifo eo:;:dor havo
not been oigti~c--'ty de~p~lmi ao part of the limbor harvoat.
B. A projsmt involving affordable homing at a modernto inoone level or
less, in aooo~--se with Cka~t~r 18.90 BIMC, or a public facility io propoood
for dovelov..,cnt on the prep~.~y'; providod, timt a rootoration plan in oubmitted
cad appreved by the planning dopatimcnt no I:oA of the project. The rootoration
plan ohaH provide on analyoio of ho~v tho rootoration will rootore or mitigate tho
m:tm~ resource amationo of tim propo,,t~' to a condition that ~vould have boon
provided ff the props,~- had bum harvcoted under tho oUmrJ_o_~do of BIMC
16.22.060.A. The ~motiono that olmH bo ~ootorod include but ere not ]imitod to,
hydrology, ~v41dlife habitat, and vimal sorwning.
16.22.0~0 Release of moratorium
A. Pm'suam to the provisions of this chapter, a. forest practice dovolopmont
moratorium may be lifted prior to its eXpiration, Any propenN owner requesting
a release of a development moratorium shall submit to the city an application for
release of the moratorium on the form provided by the city, together with the
fees established by resolution. tho requost on forms providod ty~ tho City to tho
hearing oxaminor por BIMC 3.16.100.
B_.~ The City shall refer all applications for the release of a development
moratorium to the hearing examiner. The hearing examiner shall review all
applications for the release of a development moratorium under this section
pursuant to the decision procedures set forth in BIMC 2.16.100.conduct a public
hearing on an), application for tho roloa~o of a dovelopmont moratorium. Tho
hearing oxaminor shall give notieo of tho public hearing pursuant to BIMC
2.16.085(D). In addition. tho boaring oxaminor shall mail tho notioo of the
public hatring to:
C. Prior to the public hearing, the director shall provide a minimum public
comment period of at least fourteen days. Pursuant to the notice requirements
of Bainbridge Island Municipal Code 2.16.085, the city shall provide written
notice of the application for release along with notice of the public hearing to:
1_. Property owners of record within 300 feet of the subject
property:
2. Appro~jate state agencies. such as the WashinSton State
Delhimerits of EcolOtV. Natural Resom'ces and Fish and Wildlife: 33. Appropriate tribal govetmnents: and
4.3. Any other interested parties requesting notice of the application
and public hearin_~.
C_= In considering an ~plication for the release of a development
moratorium the hea~g examiner n~ remond the application to tile planning
co~ission for review and reco~on. pUrSnan_t tO the procedures set
forth in BIMC 2.16.095D or 2.16.100C.
D._~. Based I~pon public comment received at the public hearing. the decision
criteria of BIMC 16.22.090 and the comments and recommendations of the
p!nnning commission. if any. the hearing examiner may authorize. conditionally
authorize. or deny a release of the development moratorium,
Section 4.
follows:
Section 16.22.090 of the Bainbridge Island Municipal Code is amended
16d3a,O~O !~.__iC rO.em~eu f-d pstai~.
A. A vogotation amnagc.aoat l~t,,,At may be revoked by tho dkestOr upon
tho finding of any ono or more sf tho f~llowing:
1. That t~ ~q~rov~l ~v~ obtained by dceo~on, fraud or the
i,lti~c--' or rainkid' g rvpte~omtiow,
2. Thnt the re....i~ grantod is beir~ exwcimxl contrnry to tho tol,,n
of oonditiono of 0udi tpprsvol; or
3. Thnt the rej~,i~ for w~eh the nl~rovnl ~o grantsd ~von so
e~toroisod no to be dt~:ku~mal tO tho publio hoalth or 0afoty.
B. If tim owsot viols_s__as the r~quitt~nts of an approvod harvest plan, tho
eity shall ~'moo a oi~ yoot dovelsl~.xnt moratorium on tho oubjoot property.
C. Any pro~:,.~' ownat or individtnl outting vogotn~on or timhot in
violnOon of thin ~ ohrdl rspiant ths p~ope4~-. Tho propt.~- on which tho
violntion o~ouro shall be subjest to n mornmrium on the oity'o aees-~trmco of n
devolop~ont po. axit of any kind rolating to the propotty for a pol i~d of six yent0
from the lamt ~a^+_ of the violn~on.
D. In ncldition to 0~o re--Yes zot foAL nbovo,. thio olmptet shall be
oafsrood, c-" po ~s for violations of thin ek~W shnil be imposed, purounnt
to C~tptor 1.2~ ii~!C/, pTovit~;! that, undm BIi~!C 1.26.{D0, an a~":tionnl oivil
ponalty shall be i-~.~mod on any prspz,~' o~mnt or individual outting vegetation
or timbo, in violntion of this ohnptt. t in tho amount of $20,000 for enoh nero of
for~ot cut.
16.22.090 Decisim criter~ for release of moratorium.
All applications for the release of forest practice developmere moratoria shall be
subject to the following decision criteria:Tho oonsidoration of all mquosts for
the roloaao of dovolopmont moratoria shall bo subjoel to tho following dociSion
A._~. An application shall not be granted unless 4;;critical areas and
their buffers. u governed by Chapter 16.20 BIMC. and shoreline areas. as
governed by the Bahbridge Island Shoreline Master Program were not disturbed
in the forest practice operation. or damage to such areas is reparable through
restoration. In any case in which the release of a development moratorium is
conditioned upon the restoration of the subject property. a restoration plan for
the property shall be reviewed and approved by the director prior to the release
of the development moratorium. The restoration plan shall be prepared by a
professional whose qualifications and experience are satisfactory to the director.
The restoration plan shall include monitoring and correction standards. A
substantial part of the restoration work. as detej:,fined by the director at the
director' s discretion. must be con~..leted prior to the issuance of any
development permits.
B..~. Mitigation for the loss of significant trees shall be required prior to the
release of any develollptmt moratorium. The appropriate mitigation for the loss
of significant trees shall depend on the particular facts of each case and may
include. but is not limited to:
1 .Replacing the lost trees by replanting new trees of a similar
species, nature and size. To the extent any lost trees are' too large to
be immediately replaced by replanting, such trees shall be replaced
by the largest possible trees of the same species and nature which
may be successfully replanted. The applicant and/or the applicant's
successor-in-interest shall have an obligation to monitor the survival
of the replanted trees, and to replaced any trees not successfully
replanted, until the date the forest practice moratorium, had it not
been released, would have automatically expired.
2.1. Developinl a plan that replace~. to the greatest extent
biologically Imcticable. the ~_nctiona and values lost throqfh the
forest practice. such as providm wildlife habitat. visual greenin.e
from adjacent areas and stormwater reduction:
2_.=. Pla~n4g a pcrmanont oomorvation owaomont on tho proport3~ that
surrondors dovolopmont rights to the oity oqual to tho poroont docoribod in the
ruble bolow. Tho poroontago of dowlopmont right reduction bolow shall bc
caloulatod bagod upon the total number of de,~clopmont rig~htg per acre of the
subjeer property and ohall be rounded to the noaroot number but not leoo then
one;
C~ An application shall not be granted unless the applicant places a conservation easement on
tl~ property that surrenders development rights to the city equal to the percent described in the
table below. The percent of development right reduction below shall be calculated based upon
tlte total number of development rights per acre of the subject property and shall be rounded to
tt~ nearest number; provided that, in all cases at least one development right shall remain with
tl~e subject property.
R - 0.4 80%
R- 1 60%
R-2, 2.9, 3.5 and 4.3 40%
Section 5.
aS follows:
16.'*'%09f Appe-~'.
Any dei~ion by tho di~ootor on a vogC~tion ,--'~emont po.'a~it may bo
aptsealed to tho h~.,-LT~ emm~t in aoosrdsmoc with the ptOViOiOSS Of BIMC
2.16.130.
16.2,2,0~ Resci~on of Morm~o~,
A. Upon application by the property owner. a development moratorium may
be rescimted by the Dire~r if an an0roved forest practices application for the
Section 16.22.095 of the Bainbridge Island. Municipal Code is amended
A new Section 16.22.097 is added to the Bainbridge Island Municipal
property has been withdrawn or expired and no harvest has taken place.
Section 6.
C~le as follows:
16.22.097 Permit revocation and il~-~tln.
~ A vegetation manz~gelllellt perillit may be revoked by the director upon
the finding of any one or more of the following:
1_, That the approval was obtained by deception. fraud or ~
intentional or m_i_sleading representation;
5
2_. That the permit granted is bei~ exercised contrary to the terms
or conditions of such approval; or
3_. That the permit for which the approval was granted was so
exercised as to be detrimental to the public health or safety.
B__:. If the owner violates the requirements of an approved harvest plan. the
city shall place a six-year development moratorium on the subject property.
C._:. Any property owner or individual cutting vegetation or timber in
violation of thin chaffer shall r~plnnt the property and, to the extent biologically
practicable, shall return the property to the condition of the property prior to the
violative cutting. The property on which the violation occurs shall be subject to
a moratorium on the city's acceffanee of a development permit of any kind
relating to the property for a period of six years from the last date of the
violation.
D. In addition to the penalties set forth above. this ch~ter shall be
enforced. and penalties for violations of this clmpter shall be imposed. pursuant
to Chapter 1.26 BIMC: provided that. under BIMC 1.26.090. an additional civil
penalty shah be imnosed on any proi~my owner or individual cutting vegetation
or timber in violation of this chs$~ in the amount of $20,000 for each acre of
forest cut.
Section 7.
Cbde as follows:
A new Section 16.22.115 is added to the Bainbridge Island Municipal
16.22.115 Ap~k.
· A. Appeals of decisiqns by the hcarinff eraminer relatir~ to release of
development mora~.oria shall be made to the city council in accordance with the
provisions of BIMC 2.16.140.
Section 8. This ordinance shall take effect and be in full force from and after its
lissage, approval and publication, as required by law.
PASSED by the City Council this 27m day of April 1999.
APPROVED by the Mayor this 29m day of April 1999.
Dwight Sutton, Mayor
AITEST/AUTHEN~CATE:
AlPPROVED AS TO FORM:
~ P. Kaseguma, City Attorney
FLED WITH THE CITY CLERK: Jan. nry 21, 1999
P. kSSED BY THE CITY COUNCIL: April 27, 1999
BUBLISHED: May 5, 1999
t~FECflVE DATE: May 10, 1999
C H)INANCE NO.: 99-03