A.
This chapter shall be interpreted in conformance with
the purposes intended to be served by its enactment. The intent of the regulations
and supporting definitions is to protect both individual property owners and
the general public from adverse impacts which might otherwise be the result
of a proposed development or activity within forested areas. To this end,
those called upon to interpret this chapter shall consider the following:
(1)
Determine the relationship of any interpretation to the
public purposes of the standards and the intent of state law.
(2)
Determine the actual impact of various interpretations
that would permit flexibility in design but prohibit any interpretation that
lowers the protection afforded to forested areas and would be inconsistent
with goals and objectives of this chapter.
(3)
Determine that the proposed interpretation will ensure
a just balance between the rights of the landowner and all others who will
be affected by that person's proposal.
(4)
In the event of a disagreement between the Planning Director
and an applicant over the interpretation of the provisions of this chapter,
such disagreement may be submitted to the Planning Commission for arbitration.
All such requests shall be submitted in writing at least 30 days prior to
the Commission's meeting and contain an explanation of the reasons for
such request. The Commission shall act on each such request only at a public
meeting.
B.
In the event of inconsistency between the provisions
of this chapter and the provisions established in other applicable chapters,
the more restrictive or stringent provisions shall apply, provided that compliance
with the provisions of this chapter are met.
A.
A person found to be in noncompliance with these regulations,
the forest conservation plan or the associated maintenance agreements shall
be assessed by the Department with a penalty of $0.30 per square foot of the
area found to be substantially in noncompliance with this chapter. Such penalty
shall be determined based upon the severity of noncompliance.
B.
Money collected for noncompliance shall be deposited
in the county's Forest Conservation Fund and may be used by the Department
for purposes related to implementing these regulations. Money collected for
noncompliance and interest thereon shall not be returned to the violator.
C.
In addition to the provisions herein, a person who violates
a provision of these regulations or administrative order issued under these
regulations is guilty of a civil infraction and is liable for a penalty not
to exceed $1,000. The Director of the Department or his designee is hereby
authorized to issue citations for civil infractions of this chapter. Each
day a violation continues is a separate violation.
[Amended 10-24-2000 by Bill No. 2000-9]
Any of the following enforcement actions may be taken when a violation
occurs.
A.
Complaints and orders. The Department may serve a written
complaint on an alleged violator, stating the provisions violated, if the
Department determines that there has been a violation of:
B.
The Department may issue a stop-work order against a
person who violates a provision of this chapter or a regulation, order, approved
forest conservation plan or maintenance agreement.
C.
The Department may seek an injunction requiring the person
to cease violation of these regulations and take corrective action to restore
or reforest an area.
D.
The Department may suspend or revoke a forest conservation
plan or forfeit a bond on a forest conservation plan on failure of the violator
to comply with the requirements of an administrative order.
E.
The Department may suspend or revoke a plan after notice
of the violation has been provided if the Department determines that one or
more of the following has occurred:
(1)
Failure of a violator to ensure a financial security
in accordance with the requirements and procedures set forth in this chapter.
(2)
Failure to comply with the requirements of an administrative
action or order issued under these regulations.
(3)
Misrepresentation in the application process or failure
to disclose a relevant or material fact.
(4)
Violation of a forest conservation plan requirement.
(5)
Deviation from the conditions, specifications or requirements
of a plan.
F.
Except as provided for emergency actions, the Department
may not suspend or revoke a forest conservation plan unless the Department
first gives the violator written notice, by certified mail, of the specific
facts that warrant suspension or revocation.
The Department may issue an administrative order requiring the violator
to take corrective action within a certain time period. The corrective action
may include an order to stop the violation, stop all construction work at
the site of a regulated activity or restore or rectify unlawfully cleared
areas.
A complaint, order or other administrative notice issued by the Department
shall be served on the owner or his agent, the violator of the property on
which the alleged violation is occurring or the violator's agent at the
activity site or by certified mail to the violator's last known address.
An order issued under this regulation is effective immediately, according
to its terms, when it is served.
[Amended 7-6-2004 by Bill No. 2004-6]
In the event that any person develops land or engages in regulated activities
in violation of this chapter without an approved forest conservation plan
and any other required development approvals and permits, the county shall,
after first giving the developer the opportunity to comply, have the right
to enter upon the property being developed and afforest or reforest the property
in accordance with the thresholds and standards of this chapter and the manual.
The county may instead undertake off-site afforestation or reforestation if
this would better serve the purposes of this chapter. In either case, the
county shall charge all afforestation and reforestation costs incurred by
it against the developer, including but not limited to consultant fees and
overhead and administrative costs. Unless the charges are paid or appealed
to the Board of Appeals within thirty (30) days after billing by the county,
they shall become a final lien on the property being developed and shall,
in every respect, be treated as county real estate taxes. The county's
right to mitigate and recover its costs shall be in addition to the fines
and other sanctions it may impose under this chapter.
