(a) 
The purpose of this section is to assume regulatory authority from the Washington Department of Natural Resources over certain forest practices as permitted by Washington State law and pursuant to Chapter 76.09 RCW and Chapter 222-20 WAC. This section ensures that the forest practices described in the following subsections occur in compliance with the Lake Stevens Comprehensive Plan, the Lake Stevens Shoreline Master Program and the regulations of this title.
(b) 
The definitions contained in RCW 76.09.020 of the Forest Practices Act and in WAC 222-16-010 and 222-16-050 of the Forest Practices Act's implementing regulations shall apply to all terms used in this chapter; provided, that the definitions contained in Title 14 shall be applicable where not in conflict with the above-referenced Forest Practices Act and the Forest Practices Act's implementing regulations. In the event of any conflict between the definitions, the definitions in Chapter 222-16 WAC shall prevail. This chapter shall apply to Class IV - General and special forest practices as defined by WAC 222-16-050 for the purpose of conversion to a nonforestry use.
(c) 
The following activities are exempt from the requirements of this chapter when located outside of critical areas and their buffers:
(1) 
Forest practices regulated exclusively by the Washington State Department of Natural Resources pursuant to Chapter 76.09 RCW;
(2) 
The removal of less than 5,000 board feet of timber (including live, dead, and down material) for personal use in any 12-month period;
(3) 
The removal of trees which have been grown to be sold as Christmas trees or used in landscaping such as trees sold by commercial nurseries;
(4) 
The abatement of an emergency, such as the removal of trees necessary to protect the safety of persons or property from clear and imminent danger;
(5) 
Landscape maintenance or pruning which does not impair the health or survival of trees required to be retained or planted pursuant to this chapter; and
(6) 
The removal of trees in the public right-of-way as required by the City Engineer for the purpose of public safety or for the maintenance of existing public roads and existing facilities, consistent with Chapter 76.09 RCW.
(d) 
A Class IV - General forest practices permit shall follow the procedures established in Chapter 14.16B for a Type II permit process and be required for those forest practices described in WAC 222-16-050(1) and (2). A forest practices application shall include the following submittal items:
(1) 
A completed State Environmental Policy Act checklist.
(2) 
Written verification from the Washington State Department of Natural Resources that the subject site is not and has not been subject to a notice of conversion to nonforestry use under RCW 76.09.060 during the six-year period prior to submission of the permit application.
(3) 
A title report as proof that the parcel is not currently subject to a six-year development moratorium. If the property is subject to a six-year development moratorium, the application will not be accepted until the end of the moratorium or until the moratorium has been lifted.
(4) 
All submittal items as described in Section 14.50.125.
(5) 
An application fee in an amount set by resolution by the City Council.
(e) 
To improve the administration of the forest excise tax created by Chapter 84.33 RCW, the City will report permit information to the Department of Revenue for all approved forest practices permits no later than 60 days after the date the permit was approved. Such notification shall include the following information:
(1) 
Landowner's legal name, address, and telephone number;
(2) 
Decision date of permit; and
(3) 
Parcel number and legal description (section, township, and range) of the subject site.
(f) 
The Hearing Examiner may consider the removal of a six-year development moratorium established pursuant to Chapter 76.09 RCW when the applicant strictly meets the following requirements:
(1) 
Any property owner subject to a moratorium may request a release from the six-year moratorium by filing a Type III permit application with the Community Development Department.
(2) 
Following such request, the Community Development Department shall set a date for an open record public hearing pursuant to the requirements of Chapter 14.16B for Type III permits before the Hearing Examiner.
(3) 
The Hearing Examiner shall consider the removal of a development moratorium established pursuant to this chapter when the following criteria are strictly met:
(i) 
The proponent submits a Type III application for removal of the moratorium; and
(ii) 
The proponent proposes corrective actions to bring the violation into compliance with this chapter and mitigate any existing damage through the submittal of a reforestation plan or mitigation plan, prepared by a qualified professional consistent with Chapter 14.88.
(4) 
Hearing Examiner Authority.
(i) 
The Hearing Examiner shall review requests for removal of a development moratorium, any comments received, and applicable City regulations or policies and may inspect the property before rendering a decision.
(ii) 
The Hearing Examiner may approve the request to remove a development moratorium, approve the request with conditions, require modification of the proposal to strictly comply with specified requirements or local conditions, or deny the request if it fails to comply with requirements of this chapter.
(5) 
Required Written Findings and Determinations. The Hearing Examiner will address the following items as written findings and determinations before issuing a decision:
(i) 
The removal of the six-year development moratorium will not be detrimental to public health, safety, and general welfare.
(ii) 
The removal of the six-year development moratorium will not be injurious to the property or improvements adjacent to the proposal.
(iii) 
The removal of the six-year development moratorium will not result in significant adverse environmental impacts.
(iv) 
The removal of the six-year development moratorium is consistent and compatible with the goals, objectives, and policies of the Comprehensive Plan and the provisions of this chapter and other applicable municipal codes.
(Ord. 1015, Sec. 2 (Exh. A), 2018)